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 Objections
Claims 17-18 are objected to because “a controller” may refer to a computer program which may be rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Please use the following language to overcome the pending rejection: “A non-transitory computer-readable medium with instructions stored thereon, that when executed by a processor, perform the steps comprising”
Note the bold-underlined texts of the following MPEP 2106.03:
Non-limiting examples of claims that are not directed to any of the statutory categories include:
PNG
media_image1.png
18
19
media_image1.png
Greyscale
• Products that do not have a physical or tangible form, such as information (often referred to as "data per se") or a computer program per se (often referred to as "software per se") when claimed as a product without any structural recitations;
PNG
media_image1.png
18
19
media_image1.png
Greyscale
• Transitory forms of signal transmission (often referred to as "signals per se"), such as a propagating electrical or electromagnetic signal or carrier wave; and
PNG
media_image1.png
18
19
media_image1.png
Greyscale
• Subject matter that the statute expressly prohibits from being patented, such as humans per se, which are excluded under The Leahy-Smith America Invents Act (AIA ), Public Law 112-29, sec. 33, 125 Stat. 284 (September 16, 2011).
PNG
media_image1.png
18
19
media_image1.png
Greyscale
35 USC 102 rejections
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.
Claim(s) 1-2, 5-20 is/are rejected under 35 U.S.C. 102(a1) as being anticipated by EP 3133273 (Tabata).
Regarding independent claim 1, Tabata discloses a system, comprising: an internal combustion engine 10, comprising: an intake 14 configured to intake an air and/or an air-fuel-mixture; at least one compressor 26a configured to compress a gas flow; an electric machine 26b configured to drive the at least one compressor 26a; at least one control valve 42 (see figure 1, paragraph 19, waste gate valve 42); and a controller 46 configured to control the electric machine 26b and the at least one control valve 42, wherein the at least one compressor 26a and the at least one control valve 42 are configured to directly or indirectly influence a mass flow and/or an intake pressure in the intake 14, and the controller 46 is configured to control the electric machine in dependence on at least one command value for the at least one control valve 42 (see figure 6, step 104, paragraph 65).
Regarding claim 2, Tabata discloses that wherein the at least one command value for the at least one control valve 42 comprises an actual value of a position of the at least one control valve, a reference value of the position of the at least one control valve, an actual gradient of the position of the at least one control valve, a reference gradient of the at least one control valve 42 , or a combination thereof (the sensed parameter of control valve 42 is actual position).
Regarding claim 5, Tabata discloses that wherein the internal combustion engine 10 comprises a throttle valve 34 downstream of the at least one compressor 26a, a wastegate valve 42 downstream of the internal combustion engine, or a combination thereof.
Regarding claim 6, Tabata discloses that wherein the at least one control valve 42 comprises the throttle valve 34 and/or the wastegate valve 42.
Regarding claim 7, Tabata discloses that wherein the controller is configured to control the electric machine 26b in dependence on a boost pressure of the intake pressure, a reference pressure in the intake, a ratio and/or difference of the boost pressure and the reference pressure, or a combination thereof (note the wastegate valve 42 controls the boost pressure).
Regarding claim 8, Tabata discloses that wherein the at least one compressor belongs to a turbocharger 22 of the internal combustion engine 12.
Regarding claim 9, Tabata discloses that wherein the internal combustion engine 12 comprises a turbocharger 22 comprising an additional compressor (turbo compressor 22a).
Regarding claim 10, Tabata discloses that wherein the controller 46 is configured to output a further command value to the electric machine 26b, wherein the further command value comprises: the mass flow, a power, a speed, a torque, or a combination thereof, of the at least one compressor; a ratio of the intake pressure and a reference pressure in the intake; a difference between the intake pressure and the reference pressure in the intake; or a combination thereof (paragraph 27 discloses that the power of the turbo-compressor 22a is proportional to the flow rate of air and the pressure ratio, plus the mass flow is inherently controlled).
Regarding claim 11, Tabata discloses that wherein the controller 46 is configured to switch off the electric machine 26b when a position of the at least one control valve 42 exceeds a reference value for the position of the at least one control valve (paragraph 22: electric compressor 26a is stopped).
Regarding claim 12, Tabata discloses that wherein the controller comprises a PI-controller configured to control the electric machine (paragraph 22).
Regarding claim 13, Tabata discloses that the system comprising a generator (motor/generator 252) configured to generate electrical energy, wherein the generator is driven by the internal combustion engine.
Regarding claim 14, Tabata discloses a method for controlling the internal combustion engine 10 of claim 1, directly or indirectly boosting the intake pressure with the electric machine until the intake pressure reaches a reference pressure in the intake and/or an engine power reaches a reference engine power; controlling the electric machine 26b in dependence on the at least one command value for the at least one control valve 42, in dependence on an actual value of a position of the at least one control valve, a reference value for the position of the at least one control valve, an actual gradient of the position of the at least one control valve, a reference gradient of the position of the at least one control valve, or a combination thereof.
Regarding claim 15, Tabata discloses the method of claim 14, comprising controlling the at least one control valve 42 in dependence on: the mass flow, a power, a speed, a torque, or a combination thereof, of the at least one compressor; a ratio and/or difference of the intake pressure and a reference pressure in the intake; or a combination thereof (paragraph 27 discloses that the power of the turbo-compressor 22a is proportional to the flow rate of air and the pressure ratio, plus the mass flow is inherently controlled).
Regarding claim 16, Tabata discloses a non-transitory computer readable medium (the controller 46 must be programmed and stored in the hardware) having instructions executable by a processor for controlling the internal combustion engine of claim 1, wherein the instructions are executable to perform: controlling the at least one control valve for directly or indirectly influencing the mass flow and/or the intake pressure in the intake of the internal combustion engine 10; receiving or storing the at least one command value for the at least one control valve 42, wherein the at least one command value comprises an actual value of a position of the at least one control valve, a reference value for the position of the at least one control valve, an actual gradient of the position of the at least one control valve, a reference gradient of the at least one control valve, or any combination thereof; and controlling the electric machine 26b to drive the at least one compressor 26a of the internal combustion engine 10 in dependence on the at least one command value.
Regarding claim 17, Tabata discloses a system, comprising: a controller 46 configured to control an electric machine 26b and at least one control valve 42 of an internal combustion engine 10, wherein the electric machine is configured to drive at least one compressor 26a to compress a gas flow, the internal combustion engine comprises an intake 14 configured to intake an air and/or an air-fuel-mixture, the at least one compressor 26a and the at least one control valve 42 are configured to directly or indirectly influence a mass flow and/or an intake pressure in the intake, and the controller is configured to control the electric machine 26a in dependence on at least one command value for the at least one control valve 42 (see figure 6, step 104, paragraph 65).
Regarding claim 18, Tabata discloses that wherein the at least one command value for the at least one control valve 42 comprises an actual value of a position of the at least one control valve, a reference value of the position of the at least one control valve, an actual gradient of the position of the at least one control valve, a reference gradient of the at least one control valve, or a combination thereof (the sensed parameter of control valve 42 is actual position).
Regarding claim 19, Tabata discloses a method, comprising: controlling, via a controller 46, at least one control valve 42 of an internal combustion engine 10; and controlling, via the controller, an electric machine 26b in dependence on at least one command value for the at least one control valve 42, wherein the electric machine is configured to drive at least one compressor 26a to compress a gas flow, the internal combustion engine 10 comprises an intake 14 configured to intake an air and/or an air-fuel-mixture, the at least one compressor and the at least one control valve 42 are configured to directly or indirectly influence a mass flow and/or an intake pressure in the intake (see figure 6, step 104, paragraph 65).
Regarding claim 20, Tabata discloses that wherein the at least one command value for the at least one control valve 42 comprises an actual value of a position of the at least one control valve, a reference value of the position of the at least one control valve, an actual gradient of the position of the at least one control valve, a reference gradient of the at least one control valve, or a combination thereof (the sensed parameter of control valve 42 is actual position).
35 USC 103 rejections
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 3-4 are rejected under 35 U.S.C. § 103 as being unpatentable over EP 3133273 (Tabata) in view of US 2009/0198432. Tabata teaches all the claimed subject matter as set forth above in the rejection of claim 1, but still does not teach that the compressor has a bypassing conduit with a control valve. US 2009/0198432 teaches a control system for an internal combustion engine comprising an electric machine 26a driving a compressor 26a, a bypass conduit 32 having a control valve 34 is used to control the fluid into the intake 14. It would have been obvious at the time the invention was made to one of ordinary skill in the art at the time the claimed invention was filed to provide a bypass conduit with a control valve in Tabata as taught by US 2009/0198432 for the purpose of controlling the electric machine based on the bypass control valve.
Prior Art of Record
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Wicks, Morita, Ulrey, Hakeem, and Vetrovec disclose control systems for internal combustion engines comprising electric machines driving compressors.
Conclusions
Any inquiry concerning this communication or earlier communications from the Examiner should be directed to Examiner Nguyen whose telephone number is (571) 272-4861. The examiner can normally be reached on Monday--Thursday from 9:00 AM to 7:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mark Laurenzi, can be reached on (571) 270-7878.
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://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
/HOANG M NGUYEN/Primary Examiner, Art Unit 3746
HOANG NGUYEN
PRIMARY EXAMINER
ART UNIT 3746
Hoang Minh Nguyen
2/2/2026