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 Interpretation
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.
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(s) is/are: “control system” in claims 1-17.
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 § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 19 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because it is directed to software, which the courts have long held does not fall within one of the four categories of patent eligible subject matter.
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 (i.e., changing from AIA to pre-AIA ) 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.
Claim(s) 1-4 and 12-13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zelepouga et al (US2014/0326049A1).
Regarding claim 1, Zelepouga teaches a sensing and control assembly (Figure 3; Paragraphs 0022-0024+) capable of use in vehicle having a combustion engine configured to enable biogas to be used as fuel for the combustion engine (Paragraphs 0011, 0037), the sensing and control assembly comprising: a sensing system comprising at least one infrared sensor, the sensing system being configured to determine, using data from the at least one infrared sensor, a measure of a concentration of at least one non-hydrocarbon impurity in the biogas (Paragraphs 0024-0029); and a control system configured to: control a user communication system, based on said measure, to communicate information relevant to the at least one non-hydrocarbon impurity in the biogas to a user; or generate, based on said measure, one or more control signals for adjusting a configuration of the combustion engine (Paragraphs 0011, 0037).
Regarding claim 2, Zelepouga discloses the invention of claim 1 as discussed above, and Zelepouga teaches that the at least one infrared sensor comprises: at least one delivery system infrared sensor capable of analyzing biogas between a vehicle storage tank assembly of the vehicle and the combustion engine (See previously cited sections [for clarity, the claimed invention does not actually recite inclusion of a vehicle, storage tank assembly, or combustion engine]); or at least one fueling infrared sensor capable of analyzing biogas being delivered into the vehicle storage tank assembly (See previously cited sections [again, for clarity, the claimed invention does not actually recite inclusion of a vehicle, storage tank assembly, or combustion engine]).
Regarding claim 3, Zelepouga discloses the invention of claim 1 as discussed above, and Zelepouga teaches that the control system is configured to generate the one or more control signals for adjusting the configuration of the combustion engine based on the measure reaching or exceeding a given threshold (Paragraph 0037 describes control based on the measured composition, including impurities measured over an arbitrary threshold of zero, for example).
Regarding claim 4, Zelepouga discloses the invention of claim 3 as discussed above, and Zelepouga teaches that the control system is configured so that the one or more control signals adjust the configuration of the combustion engine, based on the measure reaching or exceeding the given threshold (e.g., zero), result in a limited power output of the combustion engine (See stoichiometric combustion and enhanced efficiency with reduced exhaust gas emissions, which necessarily includes a limited power output when the composition of the biofuel includes lower methane value due to measure of impurity being greater than zero).
Regarding claim 12, Zelepouga discloses the invention of claim 1 as discussed above, and Zelepouga teaches that the at least one infrared sensor is configured to analyze the biogas using near infrared radiation, having a wavelength between 785 nm and 2500 nm, and/or mid infrared radiation, having a wavelength between 2501 nm to 15000 nm (Paragraphs 0025-0027).
Regarding claim 13, Zelepouga discloses the invention of claim 1 as discussed above, and Zelepouga teaches that the at least one non-hydrocarbon impurity comprises one or more selected from H2O, CO2, H2S, siloxane(s), NH3, nitrogen oxides, N2, and halogen-comprising species (Paragraphs 0014, 0025-0026, 0029, 0035-0036).
Claim(s) 1 and 14-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Spearrin et al (US2022/0170423A1).
Regarding claim 1, Spearrin teaches a vehicle sensing and control assembly for a vehicle, which vehicle has a combustion engine configured to enable biogas (Paragraphs 0025) to be used as fuel for the combustion engine (Figure 1; Paragraphs 0017, 0063, etc.), the vehicle sensing and control assembly comprising: a sensing system comprising at least one infrared sensor, the sensing system being configured to determine, using data from the at least one infrared sensor, a measure of a concentration of at least one non-hydrocarbon impurity in the biogas (Paragraphs 0018-0025, 0037-0038); and a control system configured to: control a user communication system, based on said measure, to communicate information relevant to the at least one non-hydrocarbon impurity in the biogas to a user of the vehicle; and/or generate, based on said measure, one or more control signals for adjusting a configuration of the combustion engine (the engine control is disclosed in detail in Paragraphs 0017+).
Regarding claim 14, Spearrin discloses the invention of claim 1 as discussed above, and Spearrin teaches a vehicle comprising: a combustion engine configured to enable biogas to be used as fuel for the combustion engine; with the vehicle sensing and control assembly according to claim 1 (See previously cited sections).
Regarding claim 15, Spearrin discloses the invention of claim 14 as discussed above, and Spearrin teaches that one or more of the at least one infrared sensor is/are arranged upstream of the combustion engine to analyze biogas to be, and/or being, supplied to the combustion engine (Figure 1 illustrates positioning upstream, within, and downstream).
Regarding claim 16, Spearrin discloses the invention of claim 14 as discussed above, and Spearrin teaches that the vehicle is an agricultural vehicle; optionally wherein the vehicle is an agricultural vehicle in the form of a tractor or a crop sprayer (Paragraph 0063).
Regarding claim 17, Spearrin discloses the invention of claim 1 as discussed above, and Spearrin teaches a fueling assembly comprising: fueling equipment for delivering biogas into a vehicle storage tank assembly of a vehicle; and the vehicle sensing and control assembly according to claim 1 (See Figure 1 and previously cited sections).
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Park et al (US2017/0101947A1).
Regarding claim 1, Park teaches a vehicle sensing and control assembly for a vehicle, which vehicle has a combustion engine configured to enable biogas to be used as fuel for the combustion engine (Figure 1; Paragraphs 0020, 0026, 0103), the vehicle sensing and control assembly comprising: a sensing system comprising at least one infrared sensor, the sensing system being configured to determine, using data from the at least one infrared sensor, a measure of a concentration of at least one non-hydrocarbon impurity in the biogas (Paragraphs 0022-0023 [and 0032-0096 for long detailed description]); and a control system configured to: control a user communication system, based on said measure, to communicate information relevant to the at least one non-hydrocarbon impurity in the biogas to a user of the vehicle; or generate, based on said measure, one or more control signals for adjusting a configuration of the combustion engine (Paragraphs 0006-0007, 0026-0029, 0087, etc.).
Allowable Subject Matter
Claim 18 is allowed.
The following is an examiner’s statement of reasons for allowance: The closest prior art does not teach both “controlling a user communication system, based on said measure, to communicate information relevant to the at least one non-hydrocarbon impurity in the biogas to a user of the vehicle” and “generating, based on said measure, one or more control signals for adjusting a configuration of the combustion engine.”
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.”
Claims 5-11 are 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.
The following is a statement of reasons for the indication of allowable subject matter: The closest prior art does not teach the additional limitations recited in each of claims 5-11.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN R STECKBAUER whose telephone number is (571)270-0433. The examiner can normally be reached Monday - Thursday 9:30-7:30 PST.
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/KEVIN R STECKBAUER/Primary Examiner, Art Unit 3747
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