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 July 22, 2025 for application number 19/276,251. 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 July 22, 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. CN 202411050592.8 filed on August 01, 2024.
Disposition of Claims
Claims 1-20 are pending in this application.
Claims 3-6, 8 and 16-17 are objected as allowable subject matter.
Claims 1-2, 7, 9-15 and 18-20 are rejected.
Allowable Subject Matter
Claims 3-6, 8 and 16-17 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:
“Electronic Controller” in claims 1-13.
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, 7, 9-15 and 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by (YAMASHITA - JP 2007177741 A).
Regarding claim 1, YAMASHITA discloses:
A system for controlling a spark timing in an internal combustion engine, the system comprising:
an electronic controller (controller 50, ignition circuit 17 for ignition timing control) configured to:
determine a spark timing correction condition (Ignition timing correction means: [0035, 0047, 0053]) for the internal combustion engine is present in response to one or more engine operating parameters;
determine, in response to the spark timing correction condition (Ignition timing correction means: [0035, 0047, 0053]) being present ([0035]: “When the air-fuel ratio correction is performed by the air-fuel ratio correction means so that the in-cylinder air-fuel ratio of the specific cylinder is richer than the stoichiometric air-fuel ratio, the ignition timing of the specific cylinder is set so as to reduce the torque difference between the cylinders. Ignition timing correction means for retarding compared to other cylinders”), a lambda difference between a steady state lambda and a feedback lambda from operation of the internal combustion engine, the steady state lambda being based on engine speed and engine torque and the feedback lambda being based on at least one of a calculated lambda and a sensed lambda ([0032-0062]: “Low load region other than the idling region Even in the low load region in the stratified combustion region, the region other than the idling region has a margin for combustion stability as compared with the idling region. When in this region, the actual air-fuel ratio (cylinder air-fuel ratio) detected by the air-fuel ratio sensor S6 becomes the target air-fuel ratio (the target air-fuel ratio is leaner than the stoichiometric air-fuel ratio, λ> 1). Thus, air-fuel ratio feedback control is performed. At this time, the feedback correction value is lean-corrected for the cylinder with the shortest distance X, and the feedback correction value is rich-corrected for the cylinder with the maximum distance X. Note that the actual air-fuel ratio is an average value of several detection values detected by the air-fuel ratio sensor S6” and “High Load Range In the high load range shown in FIG. 5, air-fuel ratio feedback control is performed so that the air-fuel ratio (cylinder air-fuel ratio) detected by the air-fuel ratio sensor S6 becomes the target air-fuel ratio. Forward control can also be performed. The target air-fuel ratio in the high load range is leaner (λ> 1) than the theoretical air-fuel ratio, but is set to be richer than the low load range or an intermediate load range described later. In the high load range, only the air-fuel ratio (in-cylinder air-fuel ratio) of the specific cylinder (the third cylinder in the embodiment shown in FIG. 17) where the distance X is the maximum is made rich below the stoichiometric air-fuel ratio ( Including the case where it is equal to the theoretical air-fuel ratio, λ ≦ 1), the ignition timing is retarded so as to reduce the torque difference with other cylinders (retard from MBT), and the pre-injection timing is advanced ( The post injection timing is the same as other cylinders). The advance amount of the fuel injection timing in the upstream injection is increased as the engine speed increases (the upstream injection may be not only the compression stroke injection but also the intake stroke injection). Note that for other cylinders than the specific cylinder having the maximum distance X, the air-fuel ratio enrichment correction is not performed, the ignition timing is not retarded, and the fuel injection timing is not advanced” and “In the predetermined operating region, the cylinder air-fuel ratio is rich (λ ≦ 1) less than the stoichiometric air-fuel ratio only for the specific cylinder in which the local air-fuel ratio grasped by the air-fuel ratio grasping means is relatively lean. An air-fuel ratio correction means for increasing the fuel injection amount so as to become”);
determine a spark timing correction based on the lambda difference ([0032-0062]); and
control the spark timing based on the spark timing correction to combust fuel in the internal combustion engine ([0032-0062]).
Regarding claim 14, YAMASHITA discloses:
A method for controlling a spark timing in an internal combustion engine, the method comprising:
determining a spark timing correction condition (Ignition timing correction means: [0035, 0047, 0053]) for the internal combustion engine is present in response to one or more engine operating parameters;
determining, in response to the spark timing correction condition (Ignition timing correction means: [0035, 0047, 0053]) being present ([0035]: “When the air-fuel ratio correction is performed by the air-fuel ratio correction means so that the in-cylinder air-fuel ratio of the specific cylinder is richer than the stoichiometric air-fuel ratio, the ignition timing of the specific cylinder is set so as to reduce the torque difference between the cylinders. Ignition timing correction means for retarding compared to other cylinders”), a lambda difference between a steady state lambda and a feedback lambda during operation of the internal combustion engine, the steady state lambda being based on engine speed and engine torque and the feedback lambda being based on at least one of a calculated lambda and a sensed lambda ([0032-0062]: “Low load region other than the idling region Even in the low load region in the stratified combustion region, the region other than the idling region has a margin for combustion stability as compared with the idling region. When in this region, the actual air-fuel ratio (cylinder air-fuel ratio) detected by the air-fuel ratio sensor S6 becomes the target air-fuel ratio (the target air-fuel ratio is leaner than the stoichiometric air-fuel ratio, λ> 1). Thus, air-fuel ratio feedback control is performed. At this time, the feedback correction value is lean-corrected for the cylinder with the shortest distance X, and the feedback correction value is rich-corrected for the cylinder with the maximum distance X. Note that the actual air-fuel ratio is an average value of several detection values detected by the air-fuel ratio sensor S6” and “High Load Range In the high load range shown in FIG. 5, air-fuel ratio feedback control is performed so that the air-fuel ratio (cylinder air-fuel ratio) detected by the air-fuel ratio sensor S6 becomes the target air-fuel ratio. Forward control can also be performed. The target air-fuel ratio in the high load range is leaner (λ> 1) than the theoretical air-fuel ratio, but is set to be richer than the low load range or an intermediate load range described later. In the high load range, only the air-fuel ratio (in-cylinder air-fuel ratio) of the specific cylinder (the third cylinder in the embodiment shown in FIG. 17) where the distance X is the maximum is made rich below the stoichiometric air-fuel ratio ( Including the case where it is equal to the theoretical air-fuel ratio, λ ≦ 1), the ignition timing is retarded so as to reduce the torque difference with other cylinders (retard from MBT), and the pre-injection timing is advanced ( The post injection timing is the same as other cylinders). The advance amount of the fuel injection timing in the upstream injection is increased as the engine speed increases (the upstream injection may be not only the compression stroke injection but also the intake stroke injection). Note that for other cylinders than the specific cylinder having the maximum distance X, the air-fuel ratio enrichment correction is not performed, the ignition timing is not retarded, and the fuel injection timing is not advanced” and “In the predetermined operating region, the cylinder air-fuel ratio is rich (λ ≦ 1) less than the stoichiometric air-fuel ratio only for the specific cylinder in which the local air-fuel ratio grasped by the air-fuel ratio grasping means is relatively lean. An air-fuel ratio correction means for increasing the fuel injection amount so as to become”);
determining a spark timing correction based on the lambda difference ([0032-0062]); and
controlling the spark timing based on the spark timing correction to combust a fuel injection amount in the internal combustion engine ([0032-0062]).
Regarding claim 2, YAMASHITA disclose the system according to claim 1, and further on YAMASHITA also discloses:
wherein the electronic controller (controller 50, ignition circuit 17 for ignition timing control) is configured to determine the spark timing correction condition is present in response to the feedback lambda being less than a first lambda threshold ([0032-0062]).
Regarding claim 7, YAMASHITA disclose the system according to claim 1, and further on YAMASHITA also discloses:
wherein the electronic controller (controller 50, ignition circuit 17 for ignition timing control) is configured to limit the spark timing correction based on at least one of a high change limit and a low change limit ([0032-0062]).
Regarding claim 9, YAMASHITA disclose the system according to claim 1, and further on YAMASHITA also discloses:
wherein the electronic controller (controller 50, ignition circuit 17 for ignition timing control) is configured to adjust a steady state (i.e., idling condition) spark timing with the spark timing correction to control the spark timing ([0032-0062]).
Regarding claim 10, YAMASHITA disclose the system according to claim 9, and further on YAMASHITA also discloses:
wherein the steady state (i.e., idling condition) spark timing is determined from a look-up table based on engine speed and engine torque ([0032-0062]).
Regarding claim 11, YAMASHITA disclose the system according to claim 1, and further on YAMASHITA also discloses:
wherein the electronic controller (controller 50, ignition circuit 17 for ignition timing control) is configured to determine the spark timing correction without sensing for knock ([0032-0062]).
Regarding claim 12, YAMASHITA disclose the system according to claim 1, and further on YAMASHITA also discloses:
wherein the internal combustion engine combusts hydrogen fuel ([0032-0062]).
Regarding claim 13, YAMASHITA disclose the system according to claim 1, and further on YAMASHITA also discloses:
the internal combustion engine including:
a plurality of cylinders for receiving an intake air flow and fuel ([0032-0062]); and
a plurality of spark plugs associated with respective ones of the plurality of cylinders, the plurality of spark plug being controlled by the electronic controller to combust the intake air flow and fuel at the spark timing ([0032-0062]).
Regarding claim 15, YAMASHITA disclose the method according to claim 14, and further on YAMASHITA also discloses:
wherein determining the spark timing correction condition is present includes determining the feedback lambda is less than a first lambda threshold ([0032-0062]).
Regarding claim 18, YAMASHITA disclose the method according to claim 14, and further on YAMASHITA also discloses:
wherein: the calculated lambda is determined based on a charge flow and a total fueling amount to the internal combustion engine ([0032-0062]); and
the sensed lambda is determined based on an oxygen sensor output ([0032-0062]).
Regarding claim 19, YAMASHITA disclose the method according to claim 14, and further on YAMASHITA also discloses:
determining a steady state spark timing based on engine torque and engine speed ([0032-0062]); and
applying the spark timing correction to the steady state spark timing to control the spark timing ([0032-0062]).
Regarding claim 20, YAMASHITA disclose the method according to claim 14, and further on YAMASHITA also discloses:
limiting the spark timing correction based on at least one of a high change limit and a low change limit ([0032-0062]).
Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
CN 105822438 B – GLUGLA
US 2016/0215706 A1 – GLUGLA
DE 102011080306 A1 – GLUGLA
US 10,961,933 B1 – GLUGLA
CN 109488467 A – TAMASKAR
US 6,408,242 B1 – Tozzi
DE 102010028371 A1 – YACOUB
EP 0423792 A2 - NAKANIWA
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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