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 .
2. This Office Action is sent in response to Applicant's Communication received on June 04, 2025 for application number 19/228,342. This Office hereby acknowledges receipt of the following and placed of record in file: Specification, Drawings, Abstract, Oath/Declaration, and Claims.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on June 04, 2025 was submitted in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the Examiner.
Priority
4. Acknowledgment is made of applicant's claim for foreign priority under 35 U.S.C. 119(a)-(d). The certified copy has been filed in parent Application No. DE 10 2022 133 770.7 filed on December 16, 2022.
Disposition of Claims
Claims 1-12 are pending in this application.
Claims 3, 5, 7-9 and 12 are objected as allowable subject matter.
Claims 1-2, 4, 6 and 10-11 are rejected.
Allowable Subject Matter
Claims 3, 5, 7-9 and 12 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.
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.
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 enough 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 enough 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 enough 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 enough structure to perform the recited function and the generic placeholder is not preceded by a structural modifier.
Such claim limitations are:
“Gas injection device”, “ignition device”, “control device”, and “bypass path setting device” in claims 11-12.
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
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-2, 4, 6 and 10-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by (ZHENG – CN 113756945 A).
Regarding claim 1, ZHENG discloses:
A method for operating an internal combustion engine (An internal combustion engine self-adapting control method suitable for multiple gas sources: [Abstract] and Fig. 1), the method comprising the steps of:
introducing a fuel gas (natural gas) with a fluctuating hydrogen content ([0013]: step 101, using the sum of the hydrogen and methane heat value in the fuel gas as the total gas heat value of each equant point; presetting hydrogen in the gas total heat value of the equant point; the heat value ratio of respectively is 0: 1; 0.25: 0.75; 0.5: 0.5; 0.75: 0.25; 1: 0) into an air path (air inlet 1: Fig. 1) of the internal combustion engine (Internal Combustion Engine: Fig. 1);
adjusting a combustion air ratio (air-fuel ratio) for a combustion chamber (Combustion Chamber of cylinder 10: Fig. 1) of the internal combustion engine via a predeterminable fuel gas mass flow into the air path (air inlet 1: Fig. 1) ([0014-0016]: Step 102, optionally a hydrogen and methane heat value ratio of the gas, then the gas inlet into the engine, by controlling the air inlet system of the throttle opening to realize matching different air-fuel ratio; obtaining the optimal air-fuel ratio under the heat value ratio according to the performance parameter of the engine; Step 103, repeating step 101, selecting different heat value ratio, then executing step 102 to obtain the optimal air-fuel ratio corresponding to different heat value ratio.);
adjusting a power variable (Performance parameter of the engine) of the internal combustion engine (Internal Combustion Engine: Fig. 1) by a throttle valve (throttle valve 4: Fig. 1) that is arranged in the air path (air inlet 1: Fig. 1) ([0015]: step 102, optionally a hydrogen and methane heat value ratio of the gas, then the gas inlet 25 into the engine, by controlling the air inlet system of the throttle opening to realize matching different air-fuel ratio; obtaining the optimal air-fuel ratio under the heat value ratio according to the performance parameter of the engine);
detecting a nitrogen oxide concentration (Using nitrogen oxide concentration sensor 15: Fig. 1) in an exhaust gas path (exhaust pipe 11: Fig. 1) of the internal combustion engine (Internal Combustion Engine: Fig. 1);
adjusting the combustion air ratio (air-fuel ratio) depending on the nitrogen oxide concentration that is detected ([Abstract]: ECU according to the rotating speed and the equivalent torque control ignition time of gas total heat value, based on the pure gas mass flow in the flow gas; carbon dioxide concentration and air-fuel ratio control air inlet, gas supply and injection, ignition and turbine supercharging system, realizing self-adaptive combustion of the engine. feeding back and correcting the air-fuel ratio by the oxygen sensor; the knock sensor feeds back the corrected ignition time; the temperature and the nitrogen oxide concentration sensor control the post-processing system urea injection);
detecting a throttle valve reserve (Proportional to opening degree of the throttle valve) in the air path (air inlet 1: Fig. 1) ([0022-0032]); and
selecting an ignition timing in the combustion chamber (Combustion Chamber of cylinder 10: Fig. 1) of the internal combustion engine (Internal Combustion Engine: Fig. 1) depending on the throttle valve reserve that is detected ([0023]: ECU 20 according to step 503 determines the ignition time control spark plug ignition; according to the target air-fuel ratio determined in step 505, the pure gas quality flow determined in step 502 and the opening degree of the throttle valve determined in step 102 can adjust the opening degree of the jet valve and the throttle valve, realizing the self-adaptive combustion process).
Regarding claim 10, ZHENG discloses:
A control device (ECU 20: Fig. 1) for an internal combustion engine (An internal combustion engine self-adapting control method suitable for multiple gas sources: [Abstract] and Fig. 1), the control device comprising:
the control device (ECU 20: Fig. 1), which is configured for carrying out a method for operating the internal combustion engine (Internal Combustion Engine: Fig. 1), the method including the steps of:
introducing a fuel gas (natural gas) with a fluctuating hydrogen content ([0013]: step 101, using the sum of the hydrogen and methane heat value in the fuel gas as the total gas heat value of each equant point; presetting hydrogen in the gas total heat value of the equant point; the heat value ratio of respectively is 0: 1; 0.25: 0.75; 0.5: 0.5; 0.75: 0.25; 1: 0) into an air path (air inlet 1: Fig. 1) of the internal combustion engine (Internal Combustion Engine: Fig. 1);
adjusting a combustion air ratio (air-fuel ratio) for a combustion chamber (Combustion Chamber of cylinder 10: Fig. 1) of the internal combustion engine (Internal Combustion Engine: Fig. 1) via a predeterminable fuel gas mass flow into the air path (air inlet 1: Fig. 1) ([0014-0016]: Step 102, optionally a hydrogen and methane heat value ratio of the gas, then the gas inlet into the engine, by controlling the air inlet system of the throttle opening to realize matching different air-fuel ratio; obtaining the optimal air-fuel ratio under the heat value ratio according to the performance parameter of the engine; Step 103, repeating step 101, selecting different heat value ratio, then executing step 102 to obtain the optimal air-fuel ratio corresponding to different heat value ratio.);
adjusting a power variable (Performance parameter of the engine) of the internal combustion engine (Internal Combustion Engine: Fig. 1) by a throttle valve (throttle valve 4: Fig. 1) that is arranged in the air path (air inlet 1: Fig. 1) ([0015]: step 102, optionally a hydrogen and methane heat value ratio of the gas, then the gas inlet 25 into the engine, by controlling the air inlet system of the throttle opening to realize matching different air-fuel ratio; obtaining the optimal air-fuel ratio under the heat value ratio according to the performance parameter of the engine);
detecting a nitrogen oxide concentration (Using nitrogen oxide concentration sensor 15: Fig. 1) in an exhaust gas path (exhaust pipe 11: Fig. 1) of the internal combustion engine (Internal Combustion Engine: Fig. 1);
adjusting the combustion air ratio (air-fuel ratio) depending on the nitrogen oxide concentration that is detected ([Abstract]: ECU according to the rotating speed and the equivalent torque control ignition time of gas total heat value, based on the pure gas mass flow in the flow gas; carbon dioxide concentration and air-fuel ratio control air inlet, gas supply and injection, ignition and turbine supercharging system, realizing self-adaptive combustion of the engine. feeding back and correcting the air-fuel ratio by the oxygen sensor; the knock sensor feeds back the corrected ignition time; the temperature and the nitrogen oxide concentration sensor control the post-processing system urea injection);
detecting a throttle valve reserve (Proportional to opening degree of the throttle valve) in the air path (air inlet 1: Fig. 1) ([0022-0032]); and
selecting an ignition timing in the combustion chamber (Combustion Chamber of cylinder 10: Fig. 1) of the internal combustion engine (Internal Combustion Engine: Fig. 1) depending on the throttle valve reserve that is detected ([0023]: ECU 20 according to step 503 determines the ignition time control spark plug ignition; according to the target air-fuel ratio determined in step 505, the pure gas quality flow determined in step 502 and the opening degree of the throttle valve determined in step 102 can adjust the opening degree of the jet valve and the throttle valve, realizing the self-adaptive combustion process).
Regarding claim 11, ZHENG discloses:
An internal combustion engine (An internal combustion engine self-adapting control method suitable for multiple gas sources: [Abstract] and Fig. 1), comprising:
an air path (air inlet 1: Fig. 1);
a gas injection device (Gas supply and injection system comprises a gas inlet 25, a gas inlet 25 through an adjustable jet valve 5 connected with the natural gas engine of the inlet pipe 3, the gas inlet 25 is equipped with a methane concentration sensor 22, hydrogen concentration sensor 23; carbon dioxide concentration sensor 24 and gas mass flow meter 26: Fig. 1) configured for introducing a fuel gas (natural gas) into the air path (air inlet 1: Fig. 1) of the internal combustion engine (Internal Combustion Engine: Fig. 1);
a throttle valve (throttle valve 4: Fig. 1) which is arranged in the air path (air inlet 1: Fig. 1);
an exhaust path (exhaust pipe 11: Fig. 1);
a nitrogen oxide sensor (Nitrogen oxide concentration sensor 15: Fig. 1) arranged in the exhaust gas path (exhaust pipe 11: Fig. 1);
a combustion chamber (Combustion Chamber of cylinder 10: Fig. 1);
an ignition device (spark plug 8: Fig. 1) arranged in the combustion chamber (Combustion Chamber of cylinder 10: Fig. 1);
a control device (ECU 20: Fig. 1), which is operatively connected with the gas injection device (Gas supply and injection system comprises a gas inlet 25, a gas inlet 25 through an adjustable jet valve 5 connected with the natural gas engine of the inlet pipe 3, the gas inlet 25 is equipped with a methane concentration sensor 22, hydrogen concentration sensor 23; carbon dioxide concentration sensor 24 and gas mass flow meter 26: Fig. 1), the throttle valve (throttle valve 4: Fig. 1), and the nitrogen oxide sensor (Nitrogen oxide concentration sensor 15: Fig. 1), the control device (ECU 20: Fig. 1) being configured for carrying out a method for operating the internal combustion engine (Internal Combustion Engine: Fig. 1), the method including the steps of:
introducing the fuel gas (natural gas) with a fluctuating hydrogen content ([0013]: step 101, using the sum of the hydrogen and methane heat value in the fuel gas as the total gas heat value of each equant point; presetting hydrogen in the gas total heat value of the equant point; the heat value ratio of respectively is 0: 1; 0.25: 0.75; 0.5: 0.5; 0.75: 0.25; 1: 0) into the air path (air inlet 1: Fig. 1) of the internal combustion engine (Internal Combustion Engine: Fig. 1);
adjusting a combustion air ratio (air-fuel ratio) for the combustion chamber (Combustion Chamber of cylinder 10: Fig. 1) of the internal combustion engine (Internal Combustion Engine: Fig. 1) via a predeterminable fuel gas mass flow into the air path (air inlet 1: Fig. 1) ([0014-0016]: Step 102, optionally a hydrogen and methane heat value ratio of the gas, then the gas inlet into the engine, by controlling the air inlet system of the throttle opening to realize matching different air-fuel ratio; obtaining the optimal air-fuel ratio under the heat value ratio according to the performance parameter of the engine; Step 103, repeating step 101, selecting different heat value ratio, then executing step 102 to obtain the optimal air-fuel ratio corresponding to different heat value ratio.);
adjusting a power variable (Performance parameter of the engine) of the internal combustion engine (Internal Combustion Engine: Fig. 1) by the throttle valve (throttle valve 4: Fig. 1) that is arranged in the air path (air inlet 1: Fig. 1) ([0015]: step 102, optionally a hydrogen and methane heat value ratio of the gas, then the gas inlet 25 into the engine, by controlling the air inlet system of the throttle opening to realize matching different air-fuel ratio; obtaining the optimal air-fuel ratio under the heat value ratio according to the performance parameter of the engine);
detecting a nitrogen oxide concentration (Using nitrogen oxide concentration sensor 15: Fig. 1) in the exhaust gas path (exhaust pipe 11: Fig. 1) of the internal combustion engine (Internal Combustion Engine: Fig. 1);
adjusting the combustion air ratio (air-fuel ratio) depending on the nitrogen oxide concentration that is detected ([Abstract]: ECU according to the rotating speed and the equivalent torque control ignition time of gas total heat value, based on the pure gas mass flow in the flow gas; carbon dioxide concentration and air-fuel ratio control air inlet, gas supply and injection, ignition and turbine supercharging system, realizing self-adaptive combustion of the engine. feeding back and correcting the air-fuel ratio by the oxygen sensor; the knock sensor feeds back the corrected ignition time; the temperature and the nitrogen oxide concentration sensor control the post-processing system urea injection);
detecting a throttle valve reserve (Proportional to opening degree of the throttle valve) in the air path (air inlet 1: Fig. 1) ([0022-0032]); and
selecting an ignition timing in the combustion chamber (Combustion Chamber of cylinder 10: Fig. 1) of the internal combustion engine (Internal Combustion Engine: Fig. 1) depending on the throttle valve reserve that is detected ([0023]: ECU 20 according to step 503 determines the ignition time control spark plug ignition; according to the target air-fuel ratio determined in step 505, the pure gas quality flow determined in step 502 and the opening degree of the throttle valve determined in step 102 can adjust the opening degree of the jet valve and the throttle valve, realizing the self-adaptive combustion process).
Regarding claim 2, ZHENG disclose the method according to claim 1, and further on ZHENG also discloses:
wherein the power variable is regulated by way of the throttle valve to a setpoint ([0022-0067]).
Regarding claim 4, ZHENG disclose the method according to claim 1, and further on ZHENG also discloses:
wherein the ignition timing is retarded if the throttle valve reserve that is detected reaches or drops below a predetermined minimum reserve value, and wherein the ignition timing is advanced after a retard setting if the throttle valve reserve that is detected exceeds the predetermined minimum reserve value ([0022-0067]).
Regarding claim 6, ZHENG disclose the method according to claim 4, and further on ZHENG also discloses:
wherein the ignition timing is advanced as long as previous retard adjustments have not yet been compensated ([0022-0067]).
Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US 5,636,614 A – Morikawa
DE 102014207748 A1 – KUNKEL
JP 2007077995 A – TAKAGI
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Ruben Picon-Feliciano whose telephone number is (571)-272-4938. The Examiner can normally be reached on Monday-Thursday within 11:30 am-7:30 pm ET.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lindsay M. Low can be reached on (571)272-1196. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RUBEN PICON-FELICIANO/Examiner, Art Unit 3747
/GRANT MOUBRY/Primary Examiner, Art Unit 3747
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