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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 5-16 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In Reference to Claim 5-8
In line 1 recites “wherein when it is determined that” is unclear what is the module or device that is performing the determination. For examination purposes the claim limitation is being interpreted as “wherein when is determined by engine control module that”.
In Reference to Claim 9-16
Claims are rejected due to their dependency.
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.
Claim(s) 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2013/0253747 to Amano.
In Reference to Claim 1
Amano discloses:
A powertrain control device for a vehicle 100 including an engine 200 that operates by combustion of gasoline, an exhaust gas purification apparatus that purifies, using a three-way catalyst 240, see paragraph [0047], exhaust gas exhausted from the engine, and an automatic transmission 130 that automatically changes an output from the engine, the vehicle traveling by controlling the engine and the automatic transmission, the powertrain control device comprising:
an engine control module (170) that performs entire-range stoichiometric air-fuel ratio operation control to control operation of the engine such that a stoichiometric air-fuel ratio is achieved over an entire operation range, and when an intake air charge amount (accelerator open degree) reaches an upper limit value that is set to prevent a temperature of the three-way catalyst from exceeding an allowable temperature, performs intake air charge amount limit control to limit the intake air charge amount; and
a transmission control module (172) that performs automatic shift control to control an action of the automatic transmission based on a shift map Fig.6) which is set based on an accelerator opening degree and a vehicle speed, and when an engine revolution speed reaches a revolution limit that is set to prevent revolution of the engine from exceeding an allowable limit, performs forced upshift control to forcibly shift up the automatic transmission,
wherein when the engine control module limits the intake air charge amount (s130= yes), the transmission control module performs revolution limit change control of lowering the revolution limit.
Reasons for Allowance
Claim 4-20 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims, because the prior art of record cannot anticipate Applicant’s claimed invention by a single reference nor render Applicant’s claimed invention obvious by the combination of more than one reference.
Furthermore, the prior art of record does not teach “different amounts of decrease in the revolution limit in the revolution limit change control are set for a high gear stage and a low gear stage of the automatic transmission, and an amount of decrease for the high gear stage is greater than an amount of decrease for the low gear stage.” as within the context of the claimed invention as disclosed and within the context of the other limitations present in claim 2;
The prior art of record does not teach “wherein a smaller upper limit value of the intake air charge amount is set for a larger value of at least any one of the engine revolution speed, an intake air temperature, and a temperature of coolant in the engine.” as within the context of the claimed invention as disclosed and within the context of the other limitations present in claim 3; and
The prior art of record does not teach “wherein in a case in which the transmission control module performs the revolution limit change control, when an acceleration of the vehicle is equal to or less than an acceleration feeling recognition boundary value set in advance, early forced upshift control of forcibly shifting up the automatic transmission is performed at a point in time when an engine revolution speed has reached a predetermined engine revolution speed that is lower than a temporary revolution limit set by the revolution limit change control. ” as within the context of the claimed invention as disclosed and within the context of the other limitations present in claim 17.
Therefore, the prior art of record cannot anticipate Applicant’s claimed invention by a single reference nor render Applicant’s claimed invention obvious by the combination of more than one reference.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANTHONY AYALA DELGADO whose telephone number is (571)270-3452. The examiner can normally be reached on Mon-Fri 8:00-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mark III 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.
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/ANTHONY AYALA DELGADO/
Primary Examiner, Art Unit 3746