Prosecution Insights
Last updated: August 30, 2026
Application No. 19/298,377

INTERNAL COMBUSTION ENGINE SYSTEM

Non-Final OA §103
Filed
Aug 13, 2025
Priority
Oct 29, 2024 — JP 2024-189942
Examiner
DALLO, JOSEPH J
Art Unit
3747
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Toyota Motor Corporation
OA Round
1 (Non-Final)
90%
Grant Probability
Favorable
1-2
OA Rounds
1y 0m
Est. Remaining
97%
With Interview

Examiner Intelligence

Grants 90% — above average
90%
Career Allowance Rate
758 granted / 845 resolved
+19.7% vs TC avg
Moderate +7% lift
Without
With
+7.1%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 1m
Avg Prosecution
15 currently pending
Career history
857
Total Applications
across all art units

Statute-Specific Performance

§101
5.4%
-34.6% vs TC avg
§103
35.0%
-5.0% vs TC avg
§102
42.2%
+2.2% vs TC avg
§112
16.1%
-23.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 845 resolved cases

Office Action

§103
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 § 103 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. Claims 1-5 are rejected under 35 U.S.C. 103 as being unpatentable over Suzuki et al US 2013/0340410 in view of Nakagawa US 2021/0404368. Regarding claim 1, Suzuki et al discloses an internal combustion engine system 10 comprising: a first exhaust gas cleaning catalyst 43 disposed in an exhaust passage of an internal combustion engine including a plurality of cylinders 21 (see FIG. 1); a first air-fuel ratio sensor 66 disposed upstream of the first exhaust gas cleaning catalyst in the exhaust flow direction in the exhaust passage (see FIG. 1); and a control device 70 configured to control the internal combustion engine, wherein the control device is configured to execute: feedback processing of performing feedback control of an air-fuel ratio of exhaust gas exhausted from the internal combustion engine such that a first air-fuel ratio detected by the first air-fuel ratio sensor reaches a target air-fuel ratio (see paragraphs [0125]-[0126]); target air-fuel ratio switching processing of alternately varying the target air-fuel ratio between a lean side and a rich side from an air-fuel ratio center value (see paragraphs [0134]-[0142]); learning control processing of setting, based on a second air-fuel ratio detected by the second air-fuel ratio sensor, the air-fuel ratio center value in the target air-fuel ratio switching processing (see FIG. 8 and paragraphs [0161]-[0173]); first parameter calculation processing of calculating a first parameter indicating a variation in an air-fuel ratio for each of the cylinders of the internal combustion engine (see paragraphs [0188]-[0192]); second parameter calculation processing of calculating, based on an operation condition of the internal combustion engine, a second parameter indicating a variation in a gas impingement degree for each of the cylinders, the gas impingement degree being a degree to which the exhaust gas exhausted from each of the cylinders of the internal combustion engine impinges on the second air-fuel ratio sensor (see paragraphs [0184]-[0192]); and amplitude setting processing of setting, based on the first parameter and the second parameter, an amplitude of the target air-fuel ratio in the target air-fuel ratio switching processing. See paragraphs [0116]-[0120], [0176], [0177], and [0196]-[0201]. Nakagawa discloses a second exhaust gas cleaning catalyst 24 disposed downstream of the first exhaust gas cleaning catalyst 20 in an exhaust flow direction (see FIG. 1), and a second air-fuel ratio sensor 42 disposed downstream of the first exhaust gas cleaning catalyst in the exhaust flow direction in the exhaust passage and upstream of the second exhaust gas cleaning catalyst in the exhaust flow direction in the exhaust passage. See FIG. 1. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to include the teachings of Nakagawa in the system of Suzuki et al to reduce emissions when a catalyst has degraded. Regarding claim 2, Suzuki et al discloses wherein in the amplitude setting processing, the control device is configured to set the amplitude to a larger value as the first parameter indicates a larger variation in the air-fuel ratio for each of the cylinders. See paragraphs [0116]-[0120], [0176], [0177], and [0196]-[0202]. Regarding claim 3, Suzuki et al discloses wherein in the amplitude setting processing, the control device is configured to set the amplitude to a larger value as the second parameter indicates a larger variation in the gas impingement degree for each of the cylinders. See paragraphs [0116]-[0120], [0176], [0177], and [0196]-[0202]. Regarding claim 4, Suzuki et al discloses wherein in the target air-fuel ratio switching processing, the control device is configured to vary the target air-fuel ratio to the lean side when the second air-fuel ratio detected by the second air-fuel ratio sensor is equal to or less than a rich determination value that is richer than the air-fuel ratio center value, and vary the target air-fuel ratio to the rich side when the second air-fuel ratio is equal to or greater than a lean determination value that is leaner than the air-fuel ratio center value. See paragraphs [0116]-[0120], [0176], [0177], and [0196]-[0202]. Regarding claim 5, Suzuki et al discloses wherein in the learning control processing, the control device is configured to calculate an oxygen storage capacity during a period in which the target air-fuel ratio in the target air-fuel ratio switching processing is varied to the lean side and an oxygen consumption amount during a period in which the target air-fuel ratio in the target air-fuel ratio switching processing is varied to the rich side, based on the second air-fuel ratio detected by the second air-fuel ratio sensor, and set the air-fuel ratio center value such that the oxygen storage capacity and the oxygen consumption amount are equal to each other. See FIG. 4 and paragraphs [0027]-[0029], [0080], [0107], and [0117]-[0119]. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH J DALLO whose telephone number is (313)446-4844. The examiner can normally be reached 7am-7pm ET M-Th. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Logan Kraft can be reached at 571-270-5065. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /JOSEPH J DALLO/ Primary Examiner, Art Unit 3747
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Prosecution Timeline

Aug 13, 2025
Application Filed
Jul 07, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
90%
Grant Probability
97%
With Interview (+7.1%)
2y 1m (~1y 0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 845 resolved cases by this examiner. Grant probability derived from career allowance rate.

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