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 .
DETAILED CORRESPONDENCE
This is the first Office action on the merits for Application No. 19/194,629, filed 04/30/2025. Claims 1-19 are pending.
Information Disclosure Statement
The information disclosure statement (IDS) received on 10/29/2025 has been considered by the examiner.
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 1-10 and 14-17 and 19 are rejected under 35 U.S.C. §102(a)(1) as being anticipated by Ito et al. (US 2009/0301451 A1).
Regarding claim 1, Ito discloses a driveline (figs. 1 and 2; paras. [0036] – [0042]) comprising:
an engine system comprising an engine (1), the engine having an output shaft (i.e., crankshaft of engine 1, not labeled);
a gearbox (i.e., CVT 17) having a gearbox input (i.e., input of CVT 17) connected with the output shaft of the engine (i.e., crankshaft of engine 1) and a gearbox output (i.e., output of CVT 17);
an equipment comprising a load (para. [0063], i.e., throttle opening and the fuel injection quantity – engine load or equipment), the load having a load input (i.e., engine load or equipment input) connected with the gearbox output (i.e., engine load indirectly connected with the CVT 17 output); and
a controller (i.e., ECU 18) in communication with the engine system, gearbox and equipment (para. [0063]),
the controller (i.e., ECU 18) configured to dynamically adjust one or more operating conditions of one or more of the engine system, gearbox, and equipment to satisfy one or more control objectives (figs. 4, 5, 10 and 12; paras. [0063], [0065], [0077] and [0087] – [0107], [0112], e.g., selects a suitable operating state that satisfies both of desired fuel consumption characteristic and NOx emission characteristic; control or adjust a speed ratio of the CVT 17 so that the actual engine speed becomes equal to the target engine speed; and/or the engine torque is controlled by controlling the throttle angle or fuel injection quantity).
Regarding claim 2, Ito discloses the driveline of claim 1, wherein the one or more operating conditions of the engine system comprises
the speed of the engine (fig. 1; para. [0070], i.e., output of the engine 1 is the product of toque and engine speed…with respect to torque and engine speed as parameters).
Regarding claim 3, Ito discloses the driveline of claim 1, wherein the engine system further comprises engine accessories (i.e., turbocharger 3, compressor 4 and turbine 10), and
wherein the one or more operating conditions of the engine system comprises
one or more operating conditions of the engine accessories (paras. [0058] – [0059], i.e., operating conditions of turbocharger/supercharger 3 with an exhaust-gas turbine that includes compressor 4 and a turbine 10 etc.).
Regarding claim 4, Ito discloses the driveline of claim 1, therein the gearbox system further includes at least one gearbox accessory (paras. [0058] – [0059], i.e., operating conditions of turbocharger/supercharger 3 with an exhaust-gas turbine that includes compressor 4 and a turbine 10 etc.), and
wherein the one or more operating conditions of the gearbox includes at least one of one or more operating conditions of the equipment accessories and
the gear ratio of the gearbox (para. [0063], i.e., control the throttle opening and the fuel injection quantity (i.e., engine load) or
the speed ratio of the CVT 17 (i.e., engine speed), based on a required output represented by an operated amount of an accelerator pedal, the vehicle speed, the engine coolant temperature, the oil temperature of the CVT 17, signals received from the above-indicated sensors 12, 13, 14, and so forth).
Regarding claim 5, Ito discloses the driveline of claim 1, wherein the equipment further comprises equipment accessories, and the one or more operating conditions of the equipment comprises one or more operating conditions of the equipment accessories (paras. [0058] – [0059]).
Regarding claim 6, Ito discloses the driveline of claim 1, wherein the controller (i.e., ECU 18) is integrated within the engine system (fig. 2).
Regarding claim 7, Ito discloses the driveline of claim 1, wherein the controller (i.e., ECU 18) is integrated within the equipment.
Regarding claim 8, Ito discloses the driveline of claim 1, wherein the engine system further comprises an aftertreatment system (paras. [0058] – [0060] and [0081], i.e., catalytic converter 11).
Regarding claim 9, Ito discloses the driveline of claim 1, wherein the one or more control objectives is at least one of reducing fuel consumption of the engine (1), reducing noise created by the driveline, increasing the temperature of exhaust of the engine (1), reducing required maintenance to the driveline, increasing the life of the driveline, reducing NOxor CO or both, emissions, controlling any specific combustion parameter, or an objective set with user input (figs. 6 and 7; paras. [0018], [0064], [0065], [0067], [0071], [0087] – [0096], i.e., optimal fuel consumption and emission of the pollutant from the engine may be suppressed).
Regarding claim 10, Ito discloses the driveline of claim 1, wherein the gearbox is a continuously variable transmission (para. [0062], i.e., continuously variable transmission or CVT 17).
Regarding claim 14, Ito discloses the driveline of claim 1, wherein the engine system is configured to communicate temperature and/or operating parameters to the controller (i.e., ECU 18), and the controller (i.e., ECU 18) is configured to adjust the one or more operating conditions of one or more of the engine system, gearbox, and equipment based on the temperature and/or operating parameters of the engine (paras. [0063], [0081] – [0085]).
Regarding claim 15, Ito discloses the driveline of claim 1, wherein the gearbox is configured as to supply the controller (i.e., ECU 18) with operation parameters of the gearbox, and the controller (i.e., ECU 18) is configured to adjust the one or more operating conditions of one or more of the engine system, gearbox (CVT 17), and equipment based on the operation parameters of the gearbox (para. [0063]).
Regarding claim 16, Ito discloses the driveline of claim 1, wherein the engine is an internal combustion engine (1).
Regarding claim 17, Ito discloses the driveline of claim 1, wherein the adjustment comprises increasing the ratio of the gearbox (fig. 1; paras. [0030], [0084] – [0085], [0115], [0153] and [0164], i.e., the operating state of the internal combustion engine is changed based on the determined emission control capability…for example, the engine load or speed is increased…so as to reduce an amount of the emission for which the emission control capability has been reduced) and
decreasing the speed of the engine (paras. [0030], [0084] – [0085], [0090], [0117] and [0153], i.e., if the engine speed is equal to or lower than a predetermined value, the engine is operated at an operating point that is shifted to the…lower-speed side…such that the engine load or speed is…decreased so as to reduce an amount of the emission for which the emission control capability has been reduced).
Regarding claim 19, Ito discloses the driveline of claim 1, wherein the equipment is configured to supply the controller (i.e., ECU 18) with a speed demand, and
the controller (i.e., ECU 18) is configured to adjust the one or more operating conditions of one or more of the engine system, gearbox (paras. [0076] – [0077], [0105], [0146] and [0165], i.e., control or change gear ratios of CVT 17), and equipment based on the speed demand (paras. [0094] – [0099]).
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 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over Ito as applied to the claims above, and further in view of Takizawa et al. (US 6,135,917A).
Regarding claim 11, Ito discloses the driveline of claim 10 and further teaches that speed data are being supplied to the controller (i.e., ECU 18) to allow the controller (i.e., ECU 18) to monitor the actual speed ratio of the continuously variable transmission in real time. Figures 4-6; paras. [0065], [0076] – [0077], [0083], [0099], [0105], [0112] and [0117]. However, Ito does not specifically teach a first and second speed sensors. Rotational speed sensors, particularly engine and transmission output speed sensors are well known in the transmission art for detecting the operating speeds of the engine and vehicle.
Takizawa teaches a transmission control device for continuously variable transmission includes an engine speed sensor 68 and a transmission speed output sensor 65. See figure 2.
It would have been obvious to an ordinary skill in the art before the effective filing date of the invention for Ito, with a reasonable expectation of success, to include a first speed sensor sensing the speed of the input of the continuously variable transmission (or engine output) and a second speed sensor sensing the speed of the output of the continuously variable transmission, speed data from the first and second speed sensors being supplied to the controller to allow the controller to monitor the actual speed ratio of the continuously variable transmission in real time as taught by Takizawa in order to control the speed ratios and the operating speeds of the engine under various driving conditions and improve fuel efficiency.
Furthermore, it is acknowledged that Ito is not clear whether the controller configured to obtain the rotational speeds of the engine and transmission outputs by a sensor(s) or detecting means to determine the vehicle was in a low or high gear region or ratios under various traveling conditions. However, one of ordinary skill in the art would understand that the crucial information from the detecting means would or could be useful if not necessary in determining whether the engine and transmission outputs achieved a target/demanded speed under shifting conditions in order to provide smooth shifting during traveling and improve fuel efficiency.
Regarding claim 12, as modified, the driveline of claim 11, wherein the first and second speed sensors (68,65) are integrated with the continuously variable transmission (CVT 17).
Regarding claim 13, as modified, the driveline of claim 11, wherein the first speed sensor (68) is integrated with the engine and the second speed sensor (65) is integrated with the load.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Ito as applied to the claims above.
Regarding claim 18, Ito discloses the driveline of claim 1, includes wherein the adjustment comprises increasing the speed of the engine (Fig. 1; paras. [0030], [0084] – [0085], [0115], [0153] and [0164], i.e., the operating state of the internal combustion engine is changed based on the determined emission control capability. For example, the engine load or speed is increased…so as to reduce an amount of the emission for which the emission control capability has been reduced). Ito further teaches that “based on the target engine speed Net and the actual engine speed Ne detected, a speed-ratio controller controls a speed ratio of the CVT 17 in Block B4 so that the actual engine speed becomes equal to the target engine speed”, paras. [0072] – [0078], in order to optimal fuel consumption; the speed ratio of the CVT 17 is controlled so as to achieve the target engine speed includes the operating point is shifted to a higher-load, lower-speed side on the equi-output line for increasing the amount of flow of exhaust so as to blow off the accumulated PM, paras. [0083], [0123] and [0162]. However, Ito does not specifically teach wherein the adjustment includes decreasing the ratio of the gearbox CVT 17.
It would have been obvious to try, by one of ordinary skill in the art before the effective filing date of the invention, to identify a shift of decreasing a ratio of the gearbox by the controller as being valid or not and incorporate it into the system of verifying the shift by the controller since there are a finite number of identified based on the engine speed for optimal fuel consumption, predictable potential solutions to the controller to obtain the exact same results, whether the controller should act on or not and one of ordinary skill in the art could have pursued the known potential solutions with a reasonable expectation of success. Moreover, an advantage of having the gear ratio of the transmission reduced is to optimal fuel consumption includes when an increase of the engine speed under higher load condition and the exhaust temperature is low. See paragraphs [0083] – [0084].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Ulrey et al. (US 2018/0171905 A1) discloses system and methods for a split exhaust engine system includes a controller configured to adjust a valve in the EGR passage based on the pressure in a first exhaust manifold while an electric compressor, reverse flow through the EGR passage to an exhaust passage via a first set of exhaust valves may be reduced, thereby increasing engine efficiency and reducing engine emissions, see figures 3B and 4; para. [0004];
Stenlaas et al. (US 10035500 B2) discloses a regulation of concentration/fraction of substances in an exhaust stream includes a driveline having a combustion engine connected to an automatic gearbox or a manual gearbox via a clutch device, and an exhaust system arranged for removal of an exhaust stream from the combustion engine, See figures 1-5.
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/TINH T DANG/Primary Examiner, Art Unit 3655 July 22, 2026
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