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.
Claims 1-4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kitazume et al (US 2021/0231072 hereinafter “Kitazume”).
In regards to claim 1:
Kitazume teaches a control device for an internal combustion engine including a three-way catalyst (20) provided in an exhaust path, an upstream-side air-fuel ratio sensor (40) provided on an exhaust upstream side of the three-way catalyst (20), and a downstream-side air-fuel ratio sensor (41) provided on an exhaust downstream side of the three-way catalyst, the control device comprising a processor configured to execute a correction process of an output deviation of the upstream-side air-fuel ratio sensor (Paragraph [0060] recites operation of the upstream-side air-fuel ratio sensor, wherein the output current is 0 at stoichiometry and higher when the reading is lean and lower when the reading is rich, and using both air-fuel ratio sensors 40 and 41 Paragraph [0065] recites “For example, the air-fuel ratio control part 71 controls by feedback the amounts of fuel injection of the fuel injectors 11 so that the output air-fuel ratio of the first air-fuel ratio sensor 40 matches the target air-fuel ratio.” Such that the value is being read by the upstream air-fuel ratio sensor is corrected to match a target air-fuel ratio) based on an output of the upstream-side air-fuel ratio sensor and an output of the downstream-side air-fuel ratio sensor (Figure 6 shows the output of the air-fuel ratio at the upstream-side-air-fuel sensor being corrected, and this is based on both upstream and downstream sensors as recited in Paragraph [0015]) in a case where the output of the downstream-side air-fuel ratio sensor indicates a value near a stoichiometric air-fuel ratio during execution of air-fuel ratio control of controlling an air-fuel ratio of an air-fuel mixture based on the output of the upstream-side air-fuel ratio sensor such that the air-fuel ratio of the air-fuel mixture is an air-fuel ratio near the stoichiometric air-fuel ratio (Paragraph [0056] recites the air-fuel mixture being near a stoichiometric air-fuel ratio during execution of air-fuel ratio control).
In regards to claim 2:
Kitazume teaches the correction process is a process of correcting an excess air ratio calculated based on an output value of the upstream-side air-fuel ratio sensor (Figure 13 shows an excess air ratio (lean) being corrected based on the upstream air-fuel ratio sensor).
In regards to claim 3:
Kitazume teaches the correction process is executed by calculating a difference between the output of the upstream-side air-fuel ratio sensor and the output of the downstream-side air-fuel ratio sensor (Paragraph [0081] recites “the oxygen change calculation part 73 calculates the amount of change of the oxygen storage amount of the first catalyst 20 based on the difference of the output value of the first air-fuel ratio sensor 40 and the output value of the second air-fuel ratio sensor 41”).
In regards to claim 4:
Kitazume teaches the the control device is configured to carry out sub-air-fuel ratio control of correcting a value related to the air-fuel ratio control by using a sub-correction value calculated based on the output of the downstream-side air-fuel ratio sensor, and also execute a process of modifying the sub-correction value in a case where the correction process is executed (Paragraph [0081] recites “the oxygen change calculation part 73 calculates the amount of change of the oxygen storage amount of a catalyst based on the difference of the output values of the air-fuel ratio sensors arranged at both sides of the catalyst. By doing this, it is possible to precisely calculate the amount of change of the oxygen storage amount of the catalyst. In the present embodiment, the oxygen change calculation part 73 calculates the amount of change of the oxygen storage amount of the first catalyst 20 based on the difference of the output value of the first air-fuel ratio sensor 40 and the output value of the second air-fuel ratio sensor 41, and calculates the amount of change of the oxygen storage amount of the second catalyst 23 based on the difference of the output value of the second air-fuel ratio sensor 41 and the output value of the third air-fuel ratio sensor 42.”, wherein this calculation is performed multiple times and correction values are constantly updated based on the data from the sensors including the downstream sensor, and wherein a second or any subsequent calculation is a sub correction value).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Kitazume in view of Lavertu et al (US 2023/0081493 hereinafter “Lavertu”).
In regards to claim 5:
Kitazume is silent to the internal combustion engine is an internal combustion engine that uses hydrogen as fuel.
Lavertu teaches an internal combustion engine that uses hydrogen as fuel (Paragraph [0015]).
It would have been obvious to one of ordinary skill in the art at the time of filing of the application to have the engine of Kitazume use hydrogen as a fuel as taught by Lavertu in order to be used in a multifuel engine and aiding the ignition during the combustion process (Paragraph [0015] of Lavertu, and wherein Paragraph [0018] recites the engine can be a hydrogen only fuel engine, wherein hydrogen is a known fuel for internal combustion engines).
Response to Arguments
Applicant’s arguments, see pages 1-6 of Remarks, filed 6/23/2026, with respect to the rejections of claims 1-5 under 35 U.S.C. 102(a)(1) and 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of different interpretation of the previously applied reference. Applicant has argued that the prior art does not teach the claimed invention and an abnormality judgement is for a downstream air-fuel ratio sensor. Examiner agrees that the prior art teaches the abnormality judgment is for a downstream air-fuel ratio sensor, however the claim does not recite that the upstream air-fuel ratio sensor has an abnormality judgement being performed, and claims “a correction process of an output deviation of the upstream-side air-fuel ratio sensor based on an output of the upstream-side air-fuel ratio sensor and an output of the downstream-side air-fuel ratio sensor…”. As the engine operates, the air-fuel ratio is read from both upstream and downstream air-fuel ratio sensors, and the operation of the engine is changed and adjusts the fuel injected to the engine to correct the reading of the upstream air-fuel ratio sensor (Paragraph [0065] recites “Specifically, the air-fuel ratio control part 71 sets a target air-fuel ratio of the air-fuel mixture and controls the amounts of fuel injection of the fuel injectors 11 so that the air-fuel ratio of the air-fuel mixture matches the target air-fuel ratio. For example, the air-fuel ratio control part 71 controls by feedback the amounts of fuel injection of the fuel injectors 11 so that the output air-fuel ratio of the first air-fuel ratio sensor 40 matches the target air-fuel ratio. Here, the “output air-fuel ratio of the air-fuel ratio sensor” means an air-fuel ratio corresponding to the output value of the air-fuel ratio sensor, that is, an air-fuel ratio detected by the air-fuel ratio sensor.”). Figure 5 further shows the readings from the air fuel ratio sensors are received by the ECU (processor) and the air fuel ratio is controlled (air-fuel ratio control part 71) so that the reading from the upstream air-fuel ratio sensor (40) is corrected to a target air-fuel ratio.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES JAY KIM whose telephone number is (571)270-7610. The examiner can normally be reached M-F 9-5 EST.
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/JAMES J KIM/Examiner, Art Unit 3747 /HUNG Q NGUYEN/Primary Examiner, Art Unit 3747
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