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 .
Status of Claims
This action is in reply to the communication filed on . The disposition of claims is as follows:
Pending:
Rejected:
Information Disclosure Statement
Acknowledgement is hereby made of receipt of the Information Disclosure Statement(s) filed by the Applicant listed below:
December 8, 2025
July 2, 2026
Claim Interpretation – 35 USC § 112(f)
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation is:
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. §§ 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 are rejected under 35 U.S.C. 102 as being by (), hereinafter “”.
Regarding Claim ,
discloses:
A control device for an internal combustion engine that supplies to a combustion chamber a first fuel having certain ignitability and a second fuel having lower ignitability than the first fuel, (¶¶“”) the control device comprising:
an operating state detector that detects an operating state of the internal combustion engine () (¶¶; “”): and
a controller () that controls supply amounts of the first fuel and the second fuel to be supplied to the combustion chamber based on the operating state of the internal combustion engine detected by the operating state detector (¶¶; “”):
the controller () decreasing the supply amount of the second fuel to be supplied to the combustion chamber when the operating state detector detects a transient operating state of the internal combustion engine () (¶¶; “”). “”
[Examiner Note: The Instant PgPub describes the “transient operating state” as follows: . See Instant PgPub ¶)]
Regarding Claim ,
discloses:
wherein the controller () decreases the supply amount of the second fuel to be supplied to the combustion chamber and increases the supply amount of the first fuel to be supplied to the combustion chamber when the operating state detector detects the transient operating state of the internal combustion engine (). (¶¶; “”; “”).
[Examiner Note: The Instant PgPub describes the “transient operating state” as follows: . See Instant PgPub ¶)]
Regarding Claim ,
disclose:
A method for controlling an internal combustion engine that supplies to a combustion chamber a first fuel having certain ignitability and a second fuel having lower ignitability than the first fuel (¶¶“”),
the method comprising the steps of
detecting an operating state of the internal combustion engine () (¶¶; “”);
controlling supply amounts of the first fuel and the second fuel to be supplied to the combustion chamber based on an operating state of the internal combustion engine; (¶¶; “”); and
decreasing the supply amount of the second fuel to be supplied to the combustion chamber when the operating state of the internal combustion engine () enters a transient operating state. (¶¶; “”).
[Examiner Note: The Instant PgPub describes the “transient operating state” as follows: . See Instant PgPub ¶)]
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 are rejected under 35 U.S.C. § 103 as being unpatentable over as applied above, in view of (), hereinafter “”.
Regarding Claim ,
fails to explicitly disclose:
wherein the controller maintains a fuel heat value set in accordance with the transient operating state when the operating state detector detects the transient operating state of the internal combustion engine, and the controller decreases the supply amount of the second fuel to be supplied to the combustion chamber and increases the supply amount of the first fuel to be supplied to the combustion chamber.
discloses:
a prior art upon which the claimed invention can be seen as an improvement.
teach:
a prior art utilizing a known technique applicable to the of . Namely, the technique of utilizing a in order to facilitate transition between engine operating modes while maintaining a substantially constant fuel energy rate delivery to the engine. See at least Cols 3-5.
Therefore, a person having ordinary skill in the art before the effective filing date of the claimed invention would have recognized that applying the known technique taught by to the of would have yielded predicable results and resulted in an improved . Namely, a that would employ a technique of in to maintain a substantially constant fuel energy rate delivery to the engine. See at least Cols 3-5; MPEP § 2143(I)(D).
Regarding Claim ,
fails to explicitly disclose:
wherein a mixed combustion ratio map in which a mixed combustion ratio of the second fuel is set in accordance with a number of revolutions of the internal combustion engine is set, and
the controller sets the supply amount of the first fuel and the supply amount of the second fuel to be supplied to the combustion chamber based on the mixed combustion ratio map when the operating state detector detects a steady-state operating state of the internal combustion engine and sets the supply amount of the second fuel to be supplied to the combustion chamber to zero when the operating state detector detects the transient operating state of the internal combustion engine.
discloses:
a prior art upon which the claimed invention can be seen as an improvement.
teach:
a prior art utilizing a known technique applicable to the of . Namely, the technique of utilizing in order to facilitate transition between engine operating modes. See at least Figs 2-3; Cols 4-5 ; Note that engine speed is in the gas duration calculation and supply amount is set in accordance therewith”; “”..
Therefore, a person having ordinary skill in the art before the effective filing date of the claimed invention would have recognized that applying the known technique taught by to the of would have yielded predicable results and resulted in an improved . Namely, a that would employ a technique of in to facilitate transition between engine operating modes. See at least Cols 3-5; MPEP § 2143(I)(D).
[Examiner Note: The Instant PgPub describes the “transient operating state” as follows: . See Instant PgPub ¶)]
Claim is rejected under 35 U.S.C. § 103 as being unpatentable over as applied above in view of (), hereinafter “”
Regarding Claim ,
fails to explicitly disclose:
wherein the operating state detector detects an excess air ratio, and the controller decreases the supply amount of the second fuel to be supplied to the combustion chamber when the excess air ratio becomes a preset proper range or less.
discloses:
a prior art upon which the claimed invention can be seen as an improvement.
teach:
a prior art utilizing a known technique applicable to the of . Namely, the technique of in order to mitigate engine knock. See at least ¶0039 “”.
Therefore, a person having ordinary skill in the art before the effective filing date of the claimed invention would have recognized that applying the known technique taught by to the of would have yielded predicable results and resulted in an improved . Namely, a that would employ a technique of in to mitigate engine knock. See at least ¶0039; MPEP § 2143(I)(D).
Special Definitions for Claim Language - MPEP § 2111.01(III)-(IV)
No special definitions are seen as present in the specification regarding the language used in the claims. Consequently, the words and phrases of the claims are given the plain meaning to a person of ordinary skill in the art. (See MPEP §§ 2173.01, 2173.05(a), and 2111.01).
If special definitions are present, Applicant should bring them to the attention of the Examiner and the prosecution history in the next response.
To date, Applicant has provided no indication of special definitions.
Examiner Interviews
Regular Examiner Interview Requests:
Pursuant to USPTO Guidance, one Examiner interview per round of prosecution is available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant may call Examiner Reinbold directly at 313-446-6607 (preferred) or 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, Logan Kraft, can be reached on 571-270-5065. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Additional Examiner Interview Requests:
If Applicant needs more than one Examiner interview during a single round of prosecution, applicant may request approval for additional examiner interview(s) from Examiner Reinbold’s Supervisory Patent Examiner (SPE), Logan Kraft, who can be reached at 571-270-5065.
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached form PTO-892 Notice of References Cited.
The examiner has pointed out particular references contained in the prior art of record in the body of this action for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. Applicant should consider the entirety of identified prior art references as applicable as to the limitations of the claims. It is noted that any citations to specific pages, paragraph numbers, columns, lines, or figures in the prior art references presented and any interpretation of the reference should not be considered to be limiting in any way. A reference is relevant for all it contains and may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art. See MPEP § 2123. It is respectfully requested from the applicant, in preparing the response, to consider fully the entire references as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SCOTT A REINBOLD whose telephone number is (313)446-6607. The examiner can normally be reached on MON - FRI: 8AM - 5PM EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Logan Kraft, can be reached on (571)270-5065. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://portal.uspto.gov/external/portal. Should you have questions about access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
/SCOTT A REINBOLD/Primary Examiner, Art Unit 3747
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