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 .
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 5, 8, 9, 12-16, and 18 are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1, 8, 9, 12-16, and 17, respectively, of prior U.S. Patent No. 12,168,962. This is a statutory double patenting rejection.
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 1-5, 10, 11, and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sivasubramanian et al (US PG Pub No. 2014/0366839).
Regarding claim 1, Sivasubramanian teaches A method for controlling a dual fuel engine
system, the method comprising:
estimating a total indicated engine load, the total indicated engine load being based on a sum of a measured engine power (142 and 144 figure 5 paragraph 45 and 46) and a power loss estimate (146 input power change? Paragraph 47 148 figure 5 transient event? Yes paragraph 48);
determining a total fueling amount based on an engine speed and the total indicated engine load,
the total fueling amount including a gas fueling amount and a diesel fueling amount; and (154 figure 5 fuel substitution ratio paragraph 52)
controlling the dual fuel engine system using the total fueling amount (156 figure 5 paragraph 55 fuel apportioned module commands fuel).
Regarding claim 2, Sivasubramanian teaches further comprising determining a first updated total fueling amount based on a maximum between the total fueling amount and a first diesel fuel command (154 figure 5; fuel substitution ratio).
Regarding claim 3, Sivasubramanian teaches further comprising determining a second updated total fueling amount, wherein determining the second updated total fueling amount comprises:
subtracting the first diesel fuel command from the first updated total fueling amount to determine a diesel fuel equivalent of a gas fueling amount; and
adding the diesel fuel equivalent of a gas fueling amount to a second diesel fuel command. (154 figure 5 paragraph 54 equations 2-4)
Regarding claim 4, Sivasubramanian teaches wherein controlling the dual fuel engine system comprises determining a diesel fuel system actuator command (156 figure 5).
Regarding claim 5, Sivasubramanian teaches wherein determining the total fueling amount comprises referencing a torque to fuel look-up table, the torque to fuel look-up table being based on the engine speed and an indicated diesel torque input (paragraph 4 typical controller have fuel rates and lookup tables).
Regarding claim 10, Sivasubramanian teaches further comprising determining at least one actuator command based on the engine speed and at least one of the first updated total fueling amount or the second updated total fueling amount (156 figure 5).
Regarding claim 11, Sivasubramanian teaches further comprising determining the first diesel fuel command from a torque to fuel look-up table, the torque to fuel look-up table being based on the engine speed and a sum of a friction power estimate and a torque demand amount, the torque demand amount being set by an engine speed governor within the dual fuel engine system (paragraph 4).
Regarding claim 17, Sivasubramanian teaches A dual fuel engine system (see FIG. 1) comprising:
an internal combustion engine 12 operable in a dual fueling mode;
at least one actuator operably coupled to the internal combustion engine (see paragraph [0025]); and
at least one controller 48 in communication with the internal combustion engine and the at least one actuator;
wherein the at least one controller is configured to:
receive a first input corresponding to an engine speed and a second input corresponding to a measured engine power; (see FIG. 2 and 3)
calculate a power loss estimate; (see paragraphs [0048]-[0055])
determine a total fueling amount based on the measured engine power and a power loss estimate; (see claim 5)
determine a first diesel fuel command associated with the internal combustion engine based on at least a calculated speed governor command and the power loss estimate; (see paragraphs [0040]-[0047])
determine at least one updated total fueling amount based on the total fueling amount and the first diesel fuel command; (see paragraphs [0040]-[0047])
select a look-up table set associated with the at least one actuator based on a gas substitution rate associated with the internal combustion engine, the look-up table set being based on the engine speed and the at least one updated total fueling amount; (see paragraph [0033]) and
send an input to the at least one actuator based on the look-up table set. (see FIG. 4 and 5 and paragraph [0033])
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH J DALLO whose telephone number is (313)446-4844. The examiner can normally be reached 7am-7pm ET M-Th.
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/JOSEPH J DALLO/Primary Examiner, Art Unit 3747
