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 4 and 6-11 are 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.
Claims 4, 6, and 9-11 recite the limitations "an occurrence of an abnormal engine compression braking operation". There is already sufficient antecedent basis for this limitation in the claim and so the “an” should be switched to “the”.
Specification
The disclosure is objected to because of the following informalities: Paragraph 55, line 2 should recite “in the exhaust line [[75]] 24”. Paragraph 81 mentions figure 7 but no figure 7 is shown.
Appropriate correction is required.
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 9-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gibson et al. (U.S. Publication Number 2008/0041336), hereinafter “Gibson”.
Regarding claim 1, Gibson discloses a method for controlling an engine compression braking mode of an engine arrangement comprising a multi-cylinder reciprocating piston internal combustion engine, an air intake line (44), an exhaust line (48), an intake air throttle (62) in the intake line (shown in figure 2), and an intake actuator to adjust a degree of closing of the intake air throttle (paragraph 17); wherein the engine arrangement is configured to operate at least in a drive mode and in an engine compression braking mode (paragraph 25); wherein the method comprises acquiring, during an engine compression braking mode, with one or more sensors (paragraph 20), operating data representative of at least one engine operating parameter in the list of: in-cylinder pressure; at least one of engine rotation speed (mentioned in paragraph 20) and acceleration; and at least one of noise and vibration generated by the engine arrangement in the engine compression braking mode (paragraph 40); wherein the method comprises processing, by an electronic control unit (12), the operating data to determine, based on the operating data, an occurrence of an abnormal engine compression braking operation; wherein, upon determination of an occurrence of an abnormal engine compression braking operation by the electronic control unit, the method comprises generating, by the electronic control unit, intake actuator setting commands for the intake actuator (paragraphs 40-41); wherein the intake actuator setting commands, generated by the electronic control unit, are generated based on the operating data; and wherein the method includes adjusting the degree of closing of the intake air throttle by the intake actuator according to the intake actuator setting commands (paragraphs 40-41 and figure 4). Examiner notes that the Gibson monitors NVH or vibrations during engine braking and adjusts the throttle closing based upon sensed values.
Regarding claim 2, Gibson discloses the method of claim 1, wherein the intake actuator setting commands, generated by the electronic control unit (12), are generated based on the operating data via feedback-loop control (paragraph 17).
Regarding claim 3, Gibson discloses the method of claim 1, wherein the intake actuator setting commands, generated by the electronic control unit, are generated based on the operating data via proportional and integral feedback-loop control (paragraph 17).
Regarding claim 4, Gibson discloses the method of claim 1, wherein the intake actuator setting commands, generated by the electronic control unit (12) upon determination of an occurrence of an abnormal engine compression braking operation by the electronic control unit, cause an increase of the closing degree of the intake throttle (shown in figure 4).
Regarding claim 9, Gibson discloses the method of claim 1, wherein the determination, by the electronic control unit, of an occurrence of an abnormal engine compression braking operation comprises comparing, by the electronic control unit, the operating data acquired by the one or more sensors, with data stored in the electronic control unit (12, paragraph 20).
Regarding claim 10, Gibson discloses the method of claim 1, wherein the determination, by the electronic control unit (12), of an occurrence of an abnormal engine compression braking operation comprises comparing, by the electronic control unit, the operating data, acquired by the one or more sensors, corresponding to distinct moments of an engine cycle (paragraph 20).
Regarding claim 11, Gibson discloses the method of claim 1, wherein the determination, by the electronic control unit, of an occurrence of an abnormal engine compression braking operation comprises comparing, by the electronic control unit, an engine rotating speed variation (shown in figure 4 and mentioned in paragraph 20), acquired by the one or more sensors during engine compression braking mode, to an engine rotating speed variation stored in the electronic control unit, or by comparing, by the electronic control unit, engine rotating speed variation, acquired by the one or more sensors, corresponding to distinct moments of an engine cycle.
Regarding claim 12, Gibson discloses the electronic control unit (12) comprising processing circuitry configured to perform the method of claim 1 (paragraph 20).
Regarding claim 13, Gibson discloses the computer program product comprising program code for performing, when executed by the processing circuitry of an electronic control unit, the method of claim 1 (paragraph 20).
Regarding claim 14, Gibson discloses the engine arrangement comprising: a multi-cylinder reciprocating piston internal combustion engine; an air intake line; an exhaust line; an intake air throttle in the air intake line; an intake actuator to adjust a degree of closing of the intake air throttle; and an electronic control unit; wherein the electronic control unit is configured to perform the method of claim 1. Refer to the rejection of claim 1 for further details since the limitations are similar.
Regarding claim 15, Gibson discloses the heavy-duty vehicle comprising the engine arrangement of claim 14 (paragraph 1).
Claim Rejections - 35 USC § 103
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 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.
Claim(s) 5-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gibson over Mohlin (U.S. Publication 2019/0249606), hereinafter “Mohlin”.
Regarding claim 6, Gibson discloses the same invention substantially as claimed except for an exhaust pressure regulator in the exhaust line controlled by the ECU during engine braking and the engine being turbocharged with a compressor in the intake line. However, Mohlin teaches the use of a compressor (402) and throttle (903) in the intake line (901) and an exhaust pressure regulator (601/602) controlled by the ECU (21) during an engine braking mode (paragraphs 68-69) for the purpose of increasing the engine braking power by 50% (paragraph 27). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Gibson by incorporating a turbocharger and exhaust pressure regulator controlled by ECU during engine braking as taught by Mohlin for the purpose of increasing the engine braking power by 50%.
Regarding claim 5, Gibson and Mohlin disclose the claimed invention such as the method of claim 1, wherein the engine arrangement comprises a compressor (Mohlin, 402) in the air intake line, but silent to disclose that the air intake throttle is located upstream of the compressor in the air intake line. It would have been obvious to one having ordinary skill in the art before the effective filing date of when the invention was made to have the throttle valve upstream of the compressor, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Regarding claim 7, Gibson and Mohlin disclose the method of claim 6, where the engine arrangement comprises, in the exhaust line, a fixed geometry turbine (Mohlin, 401), and wherein the exhaust gas pressure regulator (Mohlin, 601-602) is distinct from the fixed geometry turbine (Mohlin, shown in figure 2).
Regarding claim 8, Gibson and Mohlin discloses the method of claim 7, where the fixed geometry turbine (Mohlin, 401) mechanically (figures 2 shows the mechanical shaft in between 401 and 402) drives a compressor (Mohlin, 402) located downstream of the air intake throttle in the air intake line (mentioned in rejection of claim 5 above).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Refer to PTO-892.
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/SYED O HASAN/ Primary Examiner, Art Unit 3747 6/4/2026
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