DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dadam et al. (Dadam) (Patent/Publication Number US 2019/0120101).
Regarding claims 1, 8, and 15, Dadam discloses a system and method comprising: a position-controlled valve (196a, 196b) (e.g. See Paragraphs [0020, 0035-0036]); and at least one processing circuit (12) coupled to the position-controlled valve (e.g. See Paragraphs [0020, 0032]), the at least one processing circuit configured to: determine one or more estimated operational parameters for the position-controlled valve based on a model (e.g. See Paragraphs [0036] FIG. 2A shows an example alternative view of the variable exhaust tuning system. …. In another example, the valve positioning sensors 210a and 210b may be included within the actuator 222. Sensors 202, 204a, 204b, 206a and 206b, and 208a and 208b may, in an example, all be temperature and/or pressure sensors and the exhaust temperature and exhaust back pressure may be measured by one or more sensors. In an example, sensors 202, 204a, 204b, 206a and 206b, and 208a and 208b may be communicatively coupled to controller 12 via input/output ports 108 and the controller may determine a temperature and/or back pressure model for the variable exhaust tuning system based upon the input provided from the plurality of sensors. .....) (e.g. See Paragraphs [0036-0037, 0045-0046]); retrieve one or more reference parameters (as such, exhaust temperature, ambient temperature, exhaust valve position, exhaust backpressure) for the position-controlled valve (e.g. See Paragraphs [0032, 0034, 0036]); determine a margin of error between the one or more estimated operational parameters and the one or more reference parameters (e.g. See Paragraphs [0055, 0061, 0063]); determine a trend regarding the margin of error (e.g. See Paragraphs [0055, 0061, 0063]); predict a fault in response to the trend regarding the margin of error (e.g. See Paragraphs [0061, 0063]); and control operation of the position-controlled valve in response to predicting the fault (e.g. See Paragraphs [0061] Turning now to T2 of graph 500, referring to sub-graph Exhaust Temperature it is shown that exhaust temperature 506 has reached the exhaust temperature threshold indicated by 508. In an example, the exhaust temperature threshold may be programmable. Continuing at T2, within the Fault Declaration sub-graph, an error may be declared at 520 due to the measured valve position 510 being outside the upper threshold for valve position 512 and lower threshold for valve position 516. Referring back to FIG. 3, at 306-308 once the exhaust temperature reaches the exhaust threshold then the method no longer suspends setting an error code or declaring a fault within the variable exhaust tuning system.) (e.g. See Paragraphs [0045, 0050, 0055, 0060-0065, 0070]).
Regarding claims 2, 9, and 16, Dadam further discloses wherein the position-controlled valve is an exhaust throttle valve (196a, 196b) (e.g. See Paragraphs [0036-0038]).
Regarding claims 3, 10, and 17, Dadam further discloses wherein the model is a second order electro-mechanical model (e.g. See Paragraphs [0034] As mentioned above, sensors 16 may include any temperature, pressure, positioning, humidity or contacting sensors or any other sensors described herein. In an example, sensors 16 may include one or more microphones. Actuators 81 may include actuators used to control the first and second adjustable exhaust valves 196a, 196b. Controller 12 may be a microcomputer, including a microprocessor unit, input/output ports, an electronic storage medium for executable programs and calibration values. Controller 12 may be programmed with computer readable data representing instructions executable to perform the methods described below as well as other variants that are anticipated but not specifically listed.) (e.g. See Paragraphs [0034, 0036-0037]).
Regarding claims 4, 11, and 18, Dadam further discloses wherein controlling the operation of the position-controlled valve includes increasing a frequency of selectively opening or closing, at least partially, the position-controlled valve (e.g. See Paragraphs [0045] Method 300 may proceed to 310 when the controller 12 receives data via input/output ports 108 indicating that the exhaust temperature is equivalent to or greater than the threshold exhaust temperature. At 310, the controller 12 may measure a first measured valve position of a valve 220 and then command an adjustable exhaust valve 196a, 196b via adjustable exhaust valve actuators 224a, 224b to a commanded valve position either 50% less or 50% greater than the first measured valve position. In an example, the first measured valve position and commanded valve position and any other valve positions may be measured by valve positioning sensors 210a and 210b and the positions may be normalized valve positions wherein a range of normalized valve positions may range from 0% (completely closed) to 100% (completely open). After commanding the adjustable exhaust valve 196a, 196b to the commanded valve position, the controller may execute a retry logic wherein the valve may be commanded to an updated commanded position comprising alternate end-stop positions (0% and 100%) or any intermediate positions for a calibratable number of times.) (e.g. See Paragraphs [0044-0045]).
Regarding claims 5, 12, and 19, Dadam further discloses wherein controlling the operation of the position-controlled valve includes generating and providing a message (210a, 210b) regarding the position-controlled valve (e.g. See Paragraphs [0044-0045]).
Regarding claim 6, Dadam further discloses wherein the at least one processing circuit is further configured to: determine that a qualified event has occurred (e.g. See Paragraphs [0051] In a further example, as shown in FIG. 1, a first adjustable exhaust valve 196a may be located on a passenger's side of the vehicle and a second adjustable exhaust valve 196b may be located on a driver's side of the vehicle wherein the outer exhaust ports 199a and 199b, and inner exhaust ports 198a and 198b direct exhaust gases towards the rear of the vehicle and the resonator is located upstream of the exhaust ports and toward the front of the vehicle. In an example, a microphone 195 may be attached to a bottom of the vehicle and/or between the first and second exhaust ports. In an example, the microphone 195 may be capable of receiving stereo volume (i.e. left and right channels). In an example, volume diagnostics may include one or more of: commanding the first and second adjustable exhaust valves 196a, 196b to close wherein low volume should be detected; commanding the first adjustable exhaust valve 196a closed wherein the microphone 195 may detect an increase in volume from the passenger's side of the vehicle; and commanding the second adjustable exhaust valve 196b closed wherein the microphone 195 may detect an increase in volume from the driver's side of the vehicle. ....) (e.g. See Paragraphs [0050-0051]); and in response to determining that the qualified event has occurred, retrieve the one or more reference parameters for the position-controlled valve (e.g. See Paragraphs [0041-0046]).
Regarding claim 7, Dadam further discloses wherein the qualified event is at least one of opening the position-controlled valve, closing the position-controlled valve, or determining an auto zero offset (e.g. See Paragraphs [0041-0046]).
Regarding claim 13, Dadam further discloses determining that the trend regarding the margin of error indicates an increasing margin of error; and determining the fault associated with the position-controlled valve (e.g. See Paragraphs [0063] Turning now to T3 of FIG. 5, at 528 of the sub-graph Valve Angular Positioning, the measured valve position 510 drops to within the upper and lower thresholds 512, 516, 522, 526. As such, and with reference to FIG. 3, the method discontinues commanding the valve to new positions and the method ends. In an example, FIG. 5 shows 510 at T3 and after T3 as within thresholds 512 and 516 but not exactly matching with desired valve position 514. In some examples, the valve angular positioning may be normalized from 0% to 100%. In an example, the upper threshold for valve position 512 may be 8% or 0.08 greater than the desired valve position 514 and the lower threshold for valve position 516 may be 8% or 0.08 less than the desired valve position 514. In an example, now that 510 falls between 512 and 516, at 530 in the Fault Declaration sub-graph of FIG. 5 the fault declaration is eliminated and the vehicle operator 130 is not alerted to any fault and no error code is latched. ....) (e.g. See Paragraphs [0051, 0060-0065]).
Regarding claim 14, Dadam further discloses determining that the trend regarding the margin of error indicates a steady or decreasing margin of error; and determining no fault associated with the position-controlled valve (e.g. See Paragraphs [0051, 0060-0065]).
Regarding claim 20, Dadam further discloses wherein the reference parameter is one of a healthy reference parameter or an unhealthy reference parameter, wherein surpassing the healthy reference parameter indicates a healthy position-controlled valve and surpassing the unhealthy reference parameter indicates a faulty position-controlled valve (e.g. See Paragraphs [0065] …. Turning next to T3 of graph 600 in the Fault Declaration sub-graph, at 616 the method may declare a fault and/or issue a stuck valve code indicated by the fault declaration 610 showing a fault. Referring to method 400 of FIG. 4, the method may declare, or latch, a fault at 412 if the valve is stuck. In an example, as explained above, the controller 12 may recognize the valve as stuck and latch a fault if the valve 220 is unable to move via actuator 222. In an example, when the valve 220 cannot move via actuator 222, the controller 12 may recognize that the valve is in a non-normal state of operation. . ….) (e.g. See Paragraphs [0051, 0060-0065]).
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and consists of seven patents:
Uhrich et al. (Pat./Pub. No. US 2018/0128145), Demura et al. (Pat./Pub. No. US 2010/0024399), Won et al. (Pat./Pub. No. US 2020/0173380), Kopold et al. (Pat./Pub. No. US 2019/0136802), Ravi et al. (Pat./Pub. No. US 2020/0362735), Fulton et al. (Pat./Pub. No. US 11,306,668), and Srinivasan et al. (Pat./Pub. No. US 2022/0220880), all discloses an exhaust gas control system for use with an internal combustion engine.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Primary Examiner Binh Tran whose telephone number is (571) 272-4865. The examiner can normally be reached on Monday-Friday from 8:00 a.m. to 4:00 p.m.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisors, Mark Laurenzi, can be reach on (571) 270-7878. The fax phone numbers for the organization where this application or proceeding is assigned are (571) 273-8300 for regular communications and for After Final communications.
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Binh Q. Tran
/BINH Q TRAN/
Primary Examiner, Art Unit 3748
July 10, 2026
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