Prosecution Insights
Last updated: July 17, 2026
Application No. 19/063,004

ENGINE CONTROL METHOD SUITABLE FOR A HYBRID ARCHITECTURE WITH DRIVE BY THE ELECTRIC MOTOR ONLY

Non-Final OA §103
Filed
Feb 25, 2025
Priority
Mar 27, 2024 — FR 2403072
Examiner
PENKO, JOSHUA JEFFREY
Art Unit
3667
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Schaeffler Technologies AG & Co. KG
OA Round
1 (Non-Final)
68%
Grant Probability
Favorable
1-2
OA Rounds
11m
Est. Remaining
66%
With Interview

Examiner Intelligence

Grants 68% — above average
68%
Career Allowance Rate
13 granted / 19 resolved
+16.4% vs TC avg
Minimal -3% lift
Without
With
+-2.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
9 currently pending
Career history
43
Total Applications
across all art units

Statute-Specific Performance

§101
3.1%
-36.9% vs TC avg
§103
79.7%
+39.7% vs TC avg
§102
17.2%
-22.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 19 resolved cases

Office Action

§103
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 . Information Disclosure Statement The information disclosure statement filed 2/25/2025 has been fully considered and there are no issues with the submission. Status of the Claims The office action is in response to the preliminary amendment filed 2/25/2025. Claims 1-7 are currently pending. 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. Claims 1-4 and 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over DE 102013216756 A1 hereinafter Isayeva in view of DE 10246146 B4 hereinafter Phillips. Regarding claim 1, Isayeva teaches a control method implemented in a motor vehicle computer, said vehicle comprising both an electric motor (the electric motor 16. Description) and an internal combustion engine (an internal combustion engine 18. Description), the electric motor being powered by at least one battery (The battery 14 provides the stored electrical energy for operation on the electric motor 16. Description) and configured to drive the wheels of the motor vehicle, and the internal combustion engine being uncoupled from the wheels of the motor vehicle and configured to drive an electric generator that powers said battery, the method comprising the following steps implemented when the wheels are driven by the electric motor: (The vehicle 10 may be solely from the combustion engine 18 , exclusively from the combustion engine 18 and from the generator 32 , exclusively from the battery 14 and the electric motor 16 or from a combination of the internal combustion engine 18 , the battery 14 , the electric motor 16 and the generator 32 provided. Description When the internal combustion engine 18 capable of driving with the planetary gear set 24 coupled, the generator generates 32 Energy as an on the operation of the planetary gear set 24 reacting element. From the generator 32 generated electrical energy is via electrical connections 36 to the battery 14 transfer. The battery 14 Also absorbs and stores electrical energy from brake energy recovery in a known manner. The battery 14 provides the stored electrical energy for operation on the electric motor 16 , The part of the energy from the internal combustion engine 18 to the generator 32 is possibly also directly to the electric motor 16 transfer. The battery 14, the electric motor 16 and the generator 32 are each in a two-way electrical conduction path through electrical connections 36 interconnected. The vehicle control system 12 Controls the components in the drive to provide correct torque distribution to the wheels. Description) Isayeva does not teach a) receiving (E1) a synchronization error detection signal (Err) indicating a possible fault on at least one angular position sensor associated with the internal combustion engine; b) in response to said receipt, detecting (E2) an operating mode of the internal combustion engine; c) if it is confirmed in step b) that the internal combustion engine is in a reduced operating mode, starting (E3) a timer; d1) detecting (E4) that the timer has reached a predetermined time threshold (Thd1); and e) when at least one predetermined condition is met, including said detection that the timer has reached the predetermined time threshold (Thd1), generating (E5) a synthetic fault status reset command (C) intended to reset, to a state indicating the absence of a fault, a fault status of each of the at least one associated angular position sensors, said fault status being able to adopt a state indicating the absence of a fault or a state indicating the presence of a fault, the method being characterized in that it comprises, in parallel with steps a) to e), at least one iteration of a step of issuing a request to restart the internal combustion engine, and in that said request results in a restart accompanied by a successful synchronization of the internal combustion engine after the resetting of the respective fault statuses by means of the synthetic command (C). However, Phillips teaches a) receiving (E1) a synchronization error detection signal (Err) indicating a possible fault on at least one angular position sensor associated with the internal combustion engine; (An upper limit changing device narrows the low load range in case of failure of the internal combustion engine. Description. The unique assignment of priorities of the mode transition state first makes a determination based on the operator's request, the central power control requests, and system failure events. High priority transitions are typically associated with system failure events. For example, the failure of a motor / generator 22 a transition from any of the operation of the motor / generator 22 dependent states such as the BOOST state 36 force. Nevertheless, the system can be designed to prioritize the state transitions in any order. Description) b) in response to said receipt, detecting (E2) an operating mode of the internal combustion engine; (a hybrid vehicle that is operable in a plurality of different modes is known. A method is described for controlling the operation of the series-parallel hybrid vehicle having an internal combustion engine, first and second electric motors, a clutch device, and the flow of electrical energy between the electric motors and an energy bank via a control unit. Depending on operating parameters for determining vehicle speed and required torque, low-speed, low-speed battery charging, acceleration and highway driving modes may be entered. A switch on / off of the individual drive sources takes place at fixed setting points of the torque output. Depending on the operating mode, the required torque is supplied either by the internal combustion engine alone, by the internal combustion engine and the second electric motor, or only by the second electric motor. Description An algorithm of the vehicle system controller (VSC) 32 is used to accomplish these basic functions by using two primary control components. The first component is a state machine that sets a state for each of predetermined states of modes of the vehicle and a set of rules that sets logical relations among each of a plurality of predetermined states that are used for transitions between states as part of a state machine. The second component of the VSC 32 is a set of output instructions to the subsystem controllers of the vehicle (not shown) based on the sensed operating condition of the vehicle, which is for each in the state machine of the vehicle system controller VSC 32 fixed state is unique. The instructions achieve a desired functionality of the vehicle within the states and a transition between the number of predetermined states. The present invention describes the logical strategy of the VSC 32 that can be used to control a parallel hybrid electric vehicle. Description The unique assignment of priorities of the mode transition state first makes a determination based on the operator's request, the central power control requests, and system failure events. High priority transitions are typically associated with system failure events. For example, the failure of a motor / generator 22 a transition from any of the operation of the motor / generator 22 dependent states such as the BOOST state 36 force. Nevertheless, the system can be designed to prioritize the state transitions in any order. Description) c) if it is confirmed in step b) that the internal combustion engine is in a reduced operating mode, starting (E3) a timer; (And finally, state-independent codes for some of the state machine functions of 2 as follows. This code supports the definitions of the transition conditions flags mentioned above. Timer for switching off the internal combustion engine: if ENG_OFF_FLAG then ENG_OFF_TIMER = ENG_OFF_TIMER + 1 elseif ENG_STARTED_FLAG then ENG_OFF_TIMER = 0 endif If ENG_OFF_TIMER> = ENERGY_MGT_TIME_LIMIT then ENG_OFF_TIMEP_FLAG = 1 else ENG_OFF_TIMEP_FLAG = 0 endif Timing Controller: if KEY_CRANK_FLAG then START_TIMER = 0 else START_TIMER = START_TIMER + 1 endif If START_TIMER> MIN_TIME_IN_RUN then OK_TO_STOP_FLAG = 1 else OK_TO_STOP_FLAG = 0 endif Power transmission timing control: If BOOST_OFF_FLAG or MAX_SOURCE_CURRENTZERO_FLAG then BOOST_TIMER = BOOST_TIMER + 1 else BOOST_TIMER = 0 endif if BOOST_TIMER> = BOOST_TIME_LIMIT BOOST_TIMER_FLAG = 1 else BOOST_TIMER_FLAG = 0 endif Timing control for start flag burn engine: if (ENG_RPM - SPD_SA_DES) <tolerance1 and TQ_SA_ACT <tolerance2 then ENG_START_TIMER = ENG_START_TIMER + 1 else ENG_START_TIMER = 0 endif if ENG_START_TIMER> ENG_START_TIME ENG_STARTED_FLAG = 1 else ENG_STARTED_FLAG = 0 endif Set / reset pedal flag: if ACCEL_PEDAL> PEDAL_ON then PEDAL_FLAG = 1 elseif ACCEL_PEDAL <PEDAL_OFF then PEDAL_FLAG = 0 else PEDAL_FLAG = PEDAL_FLAG endif Call of an operator: DES_WHL_TQ = f (ACCEL_PEDAL, VS) if GR_CUR <> 0 TRANS_INP_TQ_DD = DES_WHL_TQ / (GR_RATIO_FD_RATIIO) else TRANS_INP_TQ_DD = 0 endif. Description) d1) detecting (E4) that the timer has reached a predetermined time threshold (Thd1); and (And finally, state-independent codes for some of the state machine functions of 2 as follows. This code supports the definitions of the transition conditions flags mentioned above. Timer for switching off the internal combustion engine: if ENG_OFF_FLAG then ENG_OFF_TIMER = ENG_OFF_TIMER + 1 elseif ENG_STARTED_FLAG then ENG_OFF_TIMER = 0 endif If ENG_OFF_TIMER> = ENERGY_MGT_TIME_LIMIT then ENG_OFF_TIMEP_FLAG = 1 else ENG_OFF_TIMEP_FLAG = 0 endif Timing Controller: if KEY_CRANK_FLAG then START_TIMER = 0 else START_TIMER = START_TIMER + 1 endif If START_TIMER> MIN_TIME_IN_RUN then OK_TO_STOP_FLAG = 1 else OK_TO_STOP_FLAG = 0 endif Power transmission timing control: If BOOST_OFF_FLAG or MAX_SOURCE_CURRENTZERO_FLAG then BOOST_TIMER = BOOST_TIMER + 1 else BOOST_TIMER = 0 endif if BOOST_TIMER> = BOOST_TIME_LIMIT BOOST_TIMER_FLAG = 1 else BOOST_TIMER_FLAG = 0 endif Timing control for start flag burn engine: if (ENG_RPM - SPD_SA_DES) <tolerance1 and TQ_SA_ACT <tolerance2 then ENG_START_TIMER = ENG_START_TIMER + 1 else ENG_START_TIMER = 0 endif if ENG_START_TIMER> ENG_START_TIME ENG_STARTED_FLAG = 1 else ENG_STARTED_FLAG = 0 endif Set / reset pedal flag: if ACCEL_PEDAL> PEDAL_ON then PEDAL_FLAG = 1 elseif ACCEL_PEDAL <PEDAL_OFF then PEDAL_FLAG = 0 else PEDAL_FLAG = PEDAL_FLAG endif Call of an operator: DES_WHL_TQ = f (ACCEL_PEDAL, VS) if GR_CUR <> 0 TRANS_INP_TQ_DD = DES_WHL_TQ / (GR_RATIO_FD_RATIIO) else TRANS_INP_TQ_DD = 0 endif Description) e) when at least one predetermined condition is met, including said detection that the timer has reached the predetermined time threshold (Thd1), generating (E5) a synthetic fault status reset command (C) intended to reset, to a state indicating the absence of a fault, a fault status of each of the at least one associated angular position sensors, said fault status being able to adopt a state indicating the absence of a fault or a state indicating the presence of a fault, the method being characterized in that it comprises, in parallel with steps a) to e), at least one iteration of a step of issuing a request to restart the internal combustion engine, and in that said request results in a restart accompanied by a successful synchronization of the internal combustion engine after the resetting of the respective fault statuses by means of the synthetic command (C). (The RAIN HIGH VEL state 42 CAN DRIVE IN THE MOTOR CONDITION 50 , the RAIN LOW VEL state 40 , the OFF state 52 , the LOS state and the ENGINE DRIVE state 44 pass. The transition from the REGEN HIGH VEL state 42 in the MOTOR DRIVE state 50 requires that the REGEN_FLAG, the SA_DISABLED_FLAG, the KEY_OFF_OR_STALL_FLAG, the VS_ENG_DRV_FLAG, and the L_FLAG are false. The transition from the REGEN HIGH VEL state 42 in the RAIN LOW VEL condition 40 requires that the REGEN_FLAG and the GEAR_LT_TWO_FLAG are true while it is required that the VS_ENG_DRV_FLAG, the SA_DISABLED_FLAG, and the KEY_OFF_FLAG be false. The transition from REGEN HIGH VEL state 42 to the OFF state 52 requires that only the KEY_OFF_FLAG is true. The transition from the REGEN HIGH VEL state 42 to LOS requires that only the ENG_STALL_FLAG is true. The transition from the REGEN HIGH VEL state 42 in the ENGINE DRIVE state 44 requires the KEY_OFF_OR_STALL_FLAG to be false and one of the following situations, the SA_DISABLED_FLAG, to be true while the ENGINE_RESTART_OKAY_FLAG is false, or the situation where the REGEN_FLAG is false, while either the L_FLAG or the VS_ENG_DRV_FLAG is true.mThe ENGINE DRIVE condition 44 can be in the ENGINE STOP state 48 , the RAIN HIGH VEL state 42 , the BOOST condition 36 , the BLEED state 34 or the CHARGE state 38 pass. The transition from the ENGINE DRIVE state 50 in the ENGIINE STOP state 48 requires the ENERGY_MGT_FLAG or the KEY_OFF_OR_STALL_FLAG to be true. The transition from ENGINE DRIVE_State 44 to the REGEN HIGH VEL state 42 requires that the REGEN_FLAG is true, the KEY_OFF_OR_STALL_FLAG is false, and either the ENG_RESTART_OKAY_FLAG is true or the SA_DISABLED_FLAG is false. The transition from the ENGINE DRIVE state 44 in the BOOST state 36 requires the BOOST_FLAG and the DISALLOW_EN_MGT_FLAG to be true and the KEY_OFF_OR_STALL_FLAG, SA_DISABLED_FLAG, and MAX_SOURCE_CURRENT_ZERO_FLAG to be false. The transition from the ENGINE DRIVE state 44 in the BLEED state 34 requires the BLEEDING_FLAG to be true and the CHARGE_FLAG, DISALLOW_EN_MGT_FLAG and KEY_OFF_OR_STALL_FLAG to be false. The transition from ENGINE DRIVE state 44 to the CHARGE state 38 requires that the CHARGE_FLAG is true, that the SA_DISABLED_FLAG, the KEY_OFF_OR_STALL_FLAG, the REGEN_FLAG, and the BOOST_FLAG are false; and either the DISALLOW_EN_MGT_FLAG or MAX_SOURCE_CURRENT_ZE-RO_FLAG are true. Description) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the fault condition of Isayeva to include the checking for a fault status of the internal combustion engine and once predetermined conditions are met to set a reset command to the computer of Phillips. One of ordinary skill in the art would have been motivated to make this combination because it would enable the method to accurately swap operating modes of the vehicle because it would enable the vehicle to supply the required torque when there is a possible fault in the combustion engine as suggested by Phillips in the description. Regarding claim 2, the combination of Isayeva and Phillips teach the control method according to claim 1. Isayeva does not teach wherein it is characterized in that the synthetic fault status reset command is identical to a real fault status reset command, generated when a user manually actuates a starter of the vehicle. However, Phillips teaches wherein it is characterized in that the synthetic fault status reset command is identical to a real fault status reset command, generated when a user manually actuates a starter of the vehicle. (The RAIN HIGH VEL state 42 CAN DRIVE IN THE MOTOR CONDITION 50 , the RAIN LOW VEL state 40 , the OFF state 52 , the LOS state and the ENGINE DRIVE state 44 pass. The transition from the REGEN HIGH VEL state 42 in the MOTOR DRIVE state 50 requires that the REGEN_FLAG, the SA_DISABLED_FLAG, the KEY_OFF_OR_STALL_FLAG, the VS_ENG_DRV_FLAG, and the L_FLAG are false. The transition from the REGEN HIGH VEL state 42 in the RAIN LOW VEL condition 40 requires that the REGEN_FLAG and the GEAR_LT_TWO_FLAG are true while it is required that the VS_ENG_DRV_FLAG, the SA_DISABLED_FLAG, and the KEY_OFF_FLAG be false. The transition from REGEN HIGH VEL state 42 to the OFF state 52 requires that only the KEY_OFF_FLAG is true. The transition from the REGEN HIGH VEL state 42 to LOS requires that only the ENG_STALL_FLAG is true. The transition from the REGEN HIGH VEL state 42 in the ENGINE DRIVE state 44 requires the KEY_OFF_OR_STALL_FLAG to be false and one of the following situations, the SA_DISABLED_FLAG, to be true while the ENGINE_RESTART_OKAY_FLAG is false, or the situation where the REGEN_FLAG is false, while either the L_FLAG or the VS_ENG_DRV_FLAG is true.mThe ENGINE DRIVE condition 44 can be in the ENGINE STOP state 48 , the RAIN HIGH VEL state 42 , the BOOST condition 36 , the BLEED state 34 or the CHARGE state 38 pass. The transition from the ENGINE DRIVE state 50 in the ENGIINE STOP state 48 requires the ENERGY_MGT_FLAG or the KEY_OFF_OR_STALL_FLAG to be true. The transition from ENGINE DRIVE_State 44 to the REGEN HIGH VEL state 42 requires that the REGEN_FLAG is true, the KEY_OFF_OR_STALL_FLAG is false, and either the ENG_RESTART_OKAY_FLAG is true or the SA_DISABLED_FLAG is false. The transition from the ENGINE DRIVE state 44 in the BOOST state 36 requires the BOOST_FLAG and the DISALLOW_EN_MGT_FLAG to be true and the KEY_OFF_OR_STALL_FLAG, SA_DISABLED_FLAG, and MAX_SOURCE_CURRENT_ZERO_FLAG to be false. The transition from the ENGINE DRIVE state 44 in the BLEED state 34 requires the BLEEDING_FLAG to be true and the CHARGE_FLAG, DISALLOW_EN_MGT_FLAG and KEY_OFF_OR_STALL_FLAG to be false. The transition from ENGINE DRIVE state 44 to the CHARGE state 38 requires that the CHARGE_FLAG is true, that the SA_DISABLED_FLAG, the KEY_OFF_OR_STALL_FLAG, the REGEN_FLAG, and the BOOST_FLAG are false; and either the DISALLOW_EN_MGT_FLAG or MAX_SOURCE_CURRENT_ZE-RO_FLAG are true. Description The ENGINE START condition 46 CAN DRIVE IN THE MOTOR CONDITION 50 , the LOS state, the BLEED state 34 , the BOOST condition 36 , the CHARGE state 38, the ENGINE DRIVE state 44 and pass the REGEN HIGH VEL state 42. The transition from the ENGINE START state 46 in the MOTOR DRIVE state 50 requires that the BRAKE_SWITCH_FLAG is true, the TRANS_ENGAGED_FLAG is true, and the REGEN_FLAG is false. The transition from the ENGINE START state 46 to LOS requires that only the SA_DISABLED_FLAG is true. The transition from the ENGINE START state 46 in the BLEED state 34 requires the BLEEDING_FLAG and the ENGINE_STARTED_FLAG to be true and the BOOST_FLAG, CHARGE_FLAG and KEY_OFF_OR_STALL_FLAG to be false. The transition from the ENGINE START state 46 in the BOOST state 36 requires the ENG_STARTED_FLAG and the BOOST_FLAG to be true and the KEY_OFF_OR_STALL_FLAG to be false. The transition from ENGINE START state 46 to the CHARGE state 38 requires ENG_STARTED_FLAG and CHARGE_FLAG to be true and BOOST_FLAG and KEY_OFF_OR_STALL_FLAG to be false. The transition from the ENGINE START state 46 in the ENGINE DRIVE state 44 requires the ENG_STARTED_FLAG to be true and the BOOST_FLAG, CHARGE_FLAG, KEY_OFF_OR_STALL_FLAG, and BLEEDING_FLAG to be false. The transition from the ENGINE START state 46 in the RAIN HIGH VEL state 42 requires that the BRAKE_SWITCH_FLAG, the TRANS_ENGAGED_FLAG and the REGEN_FLAG are true. Description) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the control method of Isayeva to include wherein the synthetic fault status reset command is identical to a real fault status reset command, generated when a user manually actuates a starter of the motor vehicle of Phillips. One of ordinary skill in the art would have been motivated to make this combination because it would enable the system to generate the signal under predetermined conditions rather than driver actuation as suggested by Phillips in the description. Regarding claim 3, the combination of Isayeva and Phillips teach the control method according to claim 1. Isayeva does not teach the method further comprising the implemented step after d1): d2) detecting a current state of charge of the battery powering the electric motor, and comparing it with a predetermined charge threshold. However, Phillips teaches the method further comprising the implemented step after d1): d2) detecting a current state of charge of the battery powering the electric motor, and comparing it with a predetermined charge threshold. ( SOC_REGEN_OFF = 90% Level of battery charge (SOC), above which "REGEN" is not allowed SOC_BLEED_OFF = 85% Level of battery charge, below the venting is switched off SOC_CHARGE_OFF = 75% Level of battery charge, above charging is switched off SOC_CHARGE_ON = 55% Level of battery charge, below which charging is switched on SOC_BOOST_OK = 50% Amount of the charge state of the battery, above which a power gain is in order SOC_ENG_OFF = 50% The level of battery charge above which the engine shutdown is OK SOC_BOOST_OFF = 45% Level of battery charge, below which a power boost must be turned off SOC_ENG_RUN = 40% Level of charge of a battery below which the motor can not be switched off Description) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Isayeva to include detecting the current state of charge of the battery and comparing it with a predetermined charge threshold of Phillips. One of ordinary skill in the art would have been motivated to make this combination because it would enable the method to accurately determine which operating mode to have the machine enter as suggested by Phillips in the description. Regarding claim 4, the combination of Isayeva and Phillips teach the method of claim 3. Isayeva does not teach wherein the at least one predetermined condition of step e) further includes determining that the state of charge of the battery is below the predetermined threshold. However, Phillips teaches wherein the at least one predetermined condition of step e) further includes determining that the state of charge of the battery is below the predetermined threshold. (During a calibration, the following conditions for the state of charge should be maintained: SOC_ENG_RUN <SOC_BOOST_OFF <SOC_ENG_OFF; SOC_ENG_OFF <= SOC_BOOST_OK <SOC_CHARGE_ON; SOC_CHARGE_ON <SOC_CHARGE_OFF <SOC_BLEED_OFF; and SOC_BLEED_OFF <SOC_REGEN_OFF. The in 2 State calculator shown also has several predetermined assumptions. The regenerative states are possible in all courses. The regenerative states have priority over the conditions ENG_COLD_FLAG (motor too cold) and ENG_OFF_TIMEP_FLAG (motor off). In other words, the state machine becomes the regenerative states for starting the engine 20 not leave because the engine temperature is below a predetermined threshold (ie, cold, ENG_COLD_FLAG). The internal combustion engine 20 On the other hand, it will have to be started when it is cold. The internal combustion engine 20 will automatically start when the operator of the vehicle switches an air conditioner (AC) to its maximum setting (AC_MAX_FLAG) and turns it off when condition AC_MAX_FLAG has been removed. No other accessories (other than climate control) will require an engine start automatically and independently. In these cases, the start of the engine 20 will take place due to the low state of charge of the battery (SOC). The regenerative states have a higher priority than the stop states of the internal combustion engine 20 , When applying vehicle brakes, any speed control states (engine start or engine stop) are exited unless the transmission is not engaged (engine start only condition). The ENGINE STOP condition 48 will only stop the internal combustion engine 20 required when there is the call of an operator, such as the application of a foot pedal. Without any operator polling, cycling the regenerative conditions will stop the engine 20. Description) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Isayeva to include detecting the current state of charge of the battery and determining if it is below the predetermined charge threshold of Phillips. One of ordinary skill in the art would have been motivated to make this combination because it would enable the method to accurately determine which operating mode to have the machine enter as suggested by Phillips in the description. Regarding claim 6, the combination of Isayeva and Phillips teach the method according to claim 1. Isayeva also teaches a computer configured to implant the method. (Regarding 2 a block diagram showing a vehicle control system is shown 12 inside the vehicle 10 illustrated. A driver gives a request 62 such as depressing the accelerator pedal to input an acceleration request or depressing the brake pedal to input a brake request. The driver inputs 62 are controlled by a vehicle system controller (VSC) 64 added. The VSC 64 processes these driver inputs 62 and communicates instructions throughout the vehicle 10 therethrough. Description) Regarding claim 7, the combination of Isayeva and Phillips teach the method according to claim 6. Isayeva also teaches a motor vehicle comprising both an electric motor (the electric motor 16. Description) and an internal combustion engine (an internal combustion engine 18. Description), the electric motor being powered by at least one battery (The battery 14 provides the stored electrical energy for operation on the electric motor 16. Description) and configured to drive the wheels of the motor vehicle, and the internal combustion engine being uncoupled from the wheels of the motor vehicle and configured to drive an electric generator that powers said battery (The vehicle 10 may be solely from the combustion engine 18 , exclusively from the combustion engine 18 and from the generator 32 , exclusively from the battery 14 and the electric motor 16 or from a combination of the internal combustion engine 18 , the battery 14 , the electric motor 16 and the generator 32 provided. Description When the internal combustion engine 18 capable of driving with the planetary gear set 24 coupled, the generator generates 32 Energy as an on the operation of the planetary gear set 24 reacting element. From the generator 32 generated electrical energy is via electrical connections 36 to the battery 14 transfer. The battery 14 Also absorbs and stores electrical energy from brake energy recovery in a known manner. The battery 14 provides the stored electrical energy for operation on the electric motor 16, The part of the energy from the internal combustion engine 18 to the generator 32 is possibly also directly to the electric motor 16 transfer. The battery 14, the electric motor 16 and the generator 32 are each in a two-way electrical conduction path through electrical connections 36 interconnected. The vehicle control system 12 Controls the components in the drive to provide correct torque distribution to the wheels. Description), said vehicle further comprising a computer. (Regarding 2 a block diagram showing a vehicle control system is shown 12 inside the vehicle 10 illustrated. A driver gives a request 62 such as depressing the accelerator pedal to input an acceleration request or depressing the brake pedal to input a brake request. The driver inputs 62 are controlled by a vehicle system controller (VSC) 64 added. The VSC 64 processes these driver inputs 62 and communicates instructions throughout the vehicle 10 therethrough. Description) Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Isayeva and Phillips, further in view of DE 102013216611 A1 (also Isayeva but for clarity hereinafter Gabriel). Regarding claim 5, the combination of Isayeva and Phillips teach the method according to claim 4. Isayeva does not tech wherein the method further comprises in parallel with steps a) to e), at least one iteration of a step of issuing a request to restart the internal combustion engine; said request leads to a restart accompanied by a successful synchronization of the internal combustion engine after the resetting of the respective fault statuses by means of the synthetic command; and the method further comprises counting a number of restart requests issued as a step of a) the at least one predetermined condition of step e) further including determining that the number of requests is above a predetermined request threshold, and the generation of the synthetic command being implemented regardless of the current state of charge of the battery. However, Phillips teaches wherein the method further comprises in parallel with steps a) to e), at least one iteration of a step of issuing a request to restart the internal combustion engine; (As the power demand increases, the engine may be restarted and coupled to provide the desired torque. Description The CHARGE state 38 can be in the ENGINE STOP state 48 , the RAIN HIGH VEL state 42 , the ENGINE DRIVE condition 44 and go to BOOST state 36. The transition from the CHARGE state 38 in the ENGINE STOP state 48 requires the ENERGY_MGT_FLAG or the KEY_OFF_OR_STALL_FLAG to be true. The transition from the CHARGE state 38 in the RAIN HIGH VEL state 42 requires the REGEN_FLAG to be true and either the ENG_RESTART_OKAY_FLAG is true or the SA_DISABLED_FLAG is false. One of these conditions must be related to the KEY_OFF_OR_STALL_FLAG being incorrect. The transition from the CHARGE state 38 in the ENGINE DRIVE state 44 requires that the BOOST_FLAG, the ENERGY_MGT_FLAG and the KEY_OFF_OR_STALL_FLAG are false; the CHARGE_OFF_FLAG is true or the CHARGE_ENABLE_FLAG is incorrect or the SA_DISABLED_FLAG is false; and the REGEN_FLAG is false or the SA_DISABLED_FLAG is true. The transition from the CHARGE state 38 in the BOOST state 36 requires the BOOST_FLAG to be true and the KEY_OFF_OR_STALL_FLAG to be false. Description The ENGINE DRIVE condition 44 can be in the ENGINE STOP state 48 , the RAIN HIGH VEL state 42 , the BOOST condition 36 , the BLEED state 34 or the CHARGE state 38 pass. The transition from the ENGINE DRIVE state 50 in the ENGIINE STOP state 48 requires the ENERGY_MGT_FLAG or the KEY_OFF_OR_STALL_FLAG to be true. The transition from ENGINE DRIVE_State 44 to the REGEN HIGH VEL state 42 requires that the REGEN_FLAG is true, the KEY_OFF_OR_STALL_FLAG is false, and either the ENG_RESTART_OKAY_FLAG is true or the SA_DISABLED_FLAG is false. The transition from the ENGINE DRIVE state 44 in the BOOST state 36 requires the BOOST_FLAG and the DISALLOW_EN_MGT_FLAG to be true and the KEY_OFF_OR_STALL_FLAG, SA_DISABLED_FLAG, and MAX_SOURCE_CURRENT_ZERO_FLAG to be false. The transition from the ENGINE DRIVE state 44 in the BLEED state 34 requires the BLEEDING_FLAG to be true and the CHARGE_FLAG, DISALLOW_EN_MGT_FLAG and KEY_OFF_OR_STALL_FLAG to be false. The transition from ENGINE DRIVE state 44 to the CHARGE state 38 requires that the CHARGE_FLAG is true, that the SA_DISABLED_FLAG, the KEY_OFF_OR_STALL_FLAG, the REGEN_FLAG, and the BOOST_FLAG are false; and either the DISALLOW_EN_MGT_FLAG or MAX_SOURCE_CURRENT_ZE-RO_FLAG are true. Description) said request leads to a restart accompanied by a successful synchronization of the internal combustion engine after the resetting of the respective fault statuses by means of the synthetic command; and(As the power demand increases, the engine may be restarted and coupled to provide the desired torque. Description The CHARGE state 38 can be in the ENGINE STOP state 48 , the RAIN HIGH VEL state 42 , the ENGINE DRIVE condition 44 and go to BOOST state 36. The transition from the CHARGE state 38 in the ENGINE STOP state 48 requires the ENERGY_MGT_FLAG or the KEY_OFF_OR_STALL_FLAG to be true. The transition from the CHARGE state 38 in the RAIN HIGH VEL state 42 requires the REGEN_FLAG to be true and either the ENG_RESTART_OKAY_FLAG is true or the SA_DISABLED_FLAG is false. One of these conditions must be related to the KEY_OFF_OR_STALL_FLAG being incorrect. The transition from the CHARGE state 38 in the ENGINE DRIVE state 44 requires that the BOOST_FLAG, the ENERGY_MGT_FLAG and the KEY_OFF_OR_STALL_FLAG are false; the CHARGE_OFF_FLAG is true or the CHARGE_ENABLE_FLAG is incorrect or the SA_DISABLED_FLAG is false; and the REGEN_FLAG is false or the SA_DISABLED_FLAG is true. The transition from the CHARGE state 38 in the BOOST state 36 requires the BOOST_FLAG to be true and the KEY_OFF_OR_STALL_FLAG to be false. Description The ENGINE DRIVE condition 44 can be in the ENGINE STOP state 48 , the RAIN HIGH VEL state 42 , the BOOST condition 36 , the BLEED state 34 or the CHARGE state 38 pass. The transition from the ENGINE DRIVE state 50 in the ENGIINE STOP state 48 requires the ENERGY_MGT_FLAG or the KEY_OFF_OR_STALL_FLAG to be true. The transition from ENGINE DRIVE_State 44 to the REGEN HIGH VEL state 42 requires that the REGEN_FLAG is true, the KEY_OFF_OR_STALL_FLAG is false, and either the ENG_RESTART_OKAY_FLAG is true or the SA_DISABLED_FLAG is false. The transition from the ENGINE DRIVE state 44 in the BOOST state 36 requires the BOOST_FLAG and the DISALLOW_EN_MGT_FLAG to be true and the KEY_OFF_OR_STALL_FLAG, SA_DISABLED_FLAG, and MAX_SOURCE_CURRENT_ZERO_FLAG to be false. The transition from the ENGINE DRIVE state 44 in the BLEED state 34 requires the BLEEDING_FLAG to be true and the CHARGE_FLAG, DISALLOW_EN_MGT_FLAG and KEY_OFF_OR_STALL_FLAG to be false. The transition from ENGINE DRIVE state 44 to the CHARGE state 38 requires that the CHARGE_FLAG is true, that the SA_DISABLED_FLAG, the KEY_OFF_OR_STALL_FLAG, the REGEN_FLAG, and the BOOST_FLAG are false; and either the DISALLOW_EN_MGT_FLAG or MAX_SOURCE_CURRENT_ZE-RO_FLAG are true. Description) Neither Isayeva or Phillips teach the method further comprises counting a number of restart requests issued as a step of a) the at least one predetermined condition of step e) further including determining that the number of requests is above a predetermined request threshold, and the generation of the synthetic command being implemented regardless of the current state of charge of the battery. However, Gabriel teaches the method further comprises counting a number of restart requests issued as a step of a) the at least one predetermined condition of step e) further including determining that the number of requests is above a predetermined request threshold, and the generation of the synthetic command being implemented regardless of the current state of charge of the battery. (If there is no fault condition in the engine and / or engine inverter, it is determined if the LOS counter is greater than zero, as by the block 112 shown. If the LOS counter is not greater than zero, the engine temporary shutdown flag is set to FALSE and it is requested that the engine be turned on or remain on, as by the block 116 shown. However, if the LOS error count is greater than zero, the LOS counter is decremented or reduced, as by the block 118 shown. After the LOS counter has been reduced, it is determined whether the error counter has reached zero, as by the block 120 shown. If the LOS counter is zero, the process continues by setting the engine shutdown flag to FALSE, as by the block 114 and it is requested that the engine be turned on or remain on, as through the block 116 shown. If the error count remains greater than zero, the process is resumed to turn off the engine, as by the blocks 108 . 110 shown. Finally, the TRUE and FALSE flags are sent to the vehicle control system, as by the block 122 shown. The vehicle may be based on the information sent to the vehicle control system according to with reference to 6 provided description act. By requesting that the error counter is zero, as by the block 120 As shown, the control system ensures that even if it is determined that there is no fault condition in the engine and / or engine inverter, the control system continues to temporarily shut off for a period of time if the LOS fault count is still above zero. This allows the diagnostic to continue to be performed multiple times while the LOS error counter is reduced each time the diagnostic is executed until the counter reaches zero. Thus, multiple checks of the motor and / or the motor inverter are carried out while the motor is switched off before the motor is switched on again, if no fault condition is detected. Description) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of the combined Isayeva and Phillips to include wherein the method further comprises counting a number of restart requests issued as a step of a) the at least one predetermined condition of step e) further including that the number of requests is above a predetermined request threshold, and the generation of the synthetic command being implemented regardless of the current state of charge of the battery of Gabriel. One of ordinary skill in the art would have been motivated to make this combination because it would enable the system to prevent repeated unsuccessful restart attempts and permit recovery after persistent restart requests as suggested by Gabriel in the description. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20130173107 A1 teaches a regenerative control device for a hybrid vehicle. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Joshua J Penko whose telephone number is (571)272-2604. The examiner can normally be reached Monday thru Friday 8-5 ET. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Hitesh Patel can be reached at 571-270-5442. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /JOSHUA JEFFREY PENKO/ Examiner, Art Unit 3667 /Hitesh Patel/ Supervisory Patent Examiner, Art Unit 3667 6/29/26
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Prosecution Timeline

Feb 25, 2025
Application Filed
Jul 01, 2026
Non-Final Rejection mailed — §103 (current)

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1-2
Expected OA Rounds
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2y 3m (~11m remaining)
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