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 Objections
Claims 3, 5 are objected to because of the following informalities: rpm would be better understood defining the acronym similar to rotations per minute (rpm). Appropriate correction is required.
Claim 7 is objected to because of the following informalities: The control method according to claim 1 and comprising the further step of controlling would be better understood as The control method according to claim 1, [[and]] comprising [[the]]a further step of controlling. Appropriate correction is required.
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) 1, 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 9307016 (Adler).
As per claims 1, 12, Adler discloses a method to control a car (1) comprising:
a frame (2), which develops along a longitudinal direction (L) having a front-rear orientation (see at least page 7-8: rear wheels…front wheels…motor vehicle);
at least two drive wheels (4) (see at least page 7: drive wheels);
at least one electric motor (6) connected to the two drive wheels (4) (see at least abstract: electric motor);
a first generation assembly (7) comprising a first electric generator (9) and a first internal combustion engine (8) provided with a first drive shaft (11), which is mechanically connected only to the first electric generator (9) and, therefore, is mechanically independent of the drive wheels (4) (see at least abstract: an engine (V) with at least two cylinders which is divided into at least two independent partial engines (V1-V5) with their own drive shafts for actuating valves and each drive shaft is coupled to its own generator); and
a second generation assembly (7) comprising a second electric generator (9), which is mechanically independent of the first electric generator (9), and a second internal combustion engine (8) provided with a second drive shaft (11), which is mechanically connected only to the second electric generator (9) and, therefore, is mechanically independent of the drive wheels (4) (see at least abstract: an engine (V) with at least two cylinders which is divided into at least two independent partial engines (V1-V5) with their own drive shafts for actuating valves and each drive shaft is coupled to its own generator);
wherein the two internal combustion engines (8) have the same number of cylinders (14) (see at least page 4: Single-cylinder sub-engines can be operated or switched off temporarily in any combination…a 4-cylinder internal combustion engine V according to the invention, which is divided into two sub-engines V .sub.1 and V .sub.2. Each sub-motor V .sub.1, V .sub.2 has an independent one Crankshaft K .sub.1 or K .sub.2 for the power transmission from the pistons of the two cylinders, page 5: three sub-engines V .sub.1, V .sub.2, V .sub.3, which in turn each have two cylinders);
the control method comprises the steps of controlling, at least for part of an overall operating time, the two internal combustion engines (8) in an asynchronous manner as to cause the two internal combustion engines (8) to rotate at different rotation speeds in order to obtain an irregular sound generation (see at least page 4: optimal operating point…operated either individually or together…division of the internal combustion engine into sub-motors that can be operated independently of one another…optimal operating point, page 5: regulate in terms of speed and performance with high efficiency. When operating both sub-engines V .sub.1, V .sub.2 , they can therefore be coordinated with one another in such a way that the behavior of a conventional 4-cylinder engine results from the outside… desired operating speed…next largest sub-engine is designed for twice the power as is the case with the smaller sub-engine.).
Further, should it be found that Adler does not explicitly disclose cause the two internal combustion engines (8) to rotate at different rotation speeds in order to obtain an irregular sound generation, Adler discloses that the combustion engine drive can work at an optimal operating point (see at least page 2-3, page 4, page 5). There appears to be a finite number of identified predictable potential solutions to the recognized need by operating engines at an optimal operating point for different speed and performance. It would have been obvious to try to one of ordinary skill in the art before the effective filing date to provide two internal combustion engines to rotate at different rotation speeds as Adler discloses known two internal combustion engines that can be operated independently of one another, sub-engines, and an optimal operating point with a reasonable expectation of success in order to achieve the optimal operating point and high efficiency.
Claims 2, 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Adler in view of DE102009035559 (Brendel).
As per claim 2, Adler does not explicitly disclose wherein, when the two internal combustion engines (8) are controlled in an asynchronous manner so as to cause the two internal combustion engines (8) to rotate at different rotation speed (
ω
E
), a constant and predetermined angular speed different is set but Brendel teaches wherein, when the two internal combustion engines (8) are controlled in an asynchronous manner so as to cause the two internal combustion engines (8) to rotate at different rotation speed (
ω
E
), a constant and predetermined angular speed different is set (see at least page 2: two independent internal combustion engines, page 3: 1:1,33…drive units thus at different Operated speeds, page 5: drive unit 2 the drive device 1 cylinder banks 3 and 4 having a different number of cylinders…To avoid this, is between the cylinder banks 3 and 4 a ratio of 1: 1.33 is provided. That means the second cylinder bank 4 , which three cylinders 10 has, turns faster, claims: cylinder banks (3 4) as well as the respectively associated crankshaft and valve trains each have an independent internal combustion engine ( 11 ) form).
It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the invention as disclosed by Adler by incorporating the teachings of Brendel, with a reasonable expectation of success, in order to avoid an aperiodic ignition sequence.
As per claim 5, Adler does not explicitly disclose but Brendel teaches wherein the angular speed difference is greater than 2 rpm (see at least page 2: two independent internal combustion engines, page 3: 1:1,33…drive units thus at different Operated speeds, page 5: drive unit 2 the drive device 1 cylinder banks 3 and 4 having a different number of cylinders…To avoid this, is between the cylinder banks 3 and 4 a ratio of 1: 1.33 is provided. That means the second cylinder bank 4 , which three cylinders 10 has, turns faster, claims: cylinder banks (3 4) as well as the respectively associated crankshaft and valve trains each have an independent internal combustion engine ( 11 ) form).
It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the invention as disclosed by Adler by incorporating the teachings of Brendel, with a reasonable expectation of success, in order to avoid an aperiodic ignition sequence.
As per claim 6, Adler does not explicitly disclose but Brendel teaches wherein the angular speed difference is greater than 5 rpm (see at least page 2: two independent internal combustion engines, page 3: 1:1,33…drive units thus at different Operated speeds, page 5: drive unit 2 the drive device 1 cylinder banks 3 and 4 having a different number of cylinders…To avoid this, is between the cylinder banks 3 and 4 a ratio of 1: 1.33 is provided. That means the second cylinder bank 4 , which three cylinders 10 has, turns faster), claims: cylinder banks (3 4) as well as the respectively associated crankshaft and valve trains each have an independent internal combustion engine ( 11 ) form).
It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the invention as disclosed by Adler by incorporating the teachings of Brendel, with a reasonable expectation of success, in order to avoid an aperiodic ignition sequence.
Claim(s) 3-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Adler in view Brendel, and further in view of US 3830349 (Williams).
As per claim 3, Adler does not explicitly disclose wherein the angular speed difference is smaller than 30 rpm.
However, Williams teaches wherein the angular speed difference is smaller than 30 rpm (see at least column 16 lines 58-59: engines reached synchronous speed within one rpm).
As a result, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the invention as disclosed by Adler by incorporating the teachings of Williams, with a reasonable expectation of success, in order to control the engines in a synchronous manner.
As per claim 4, Adler does not explicitly disclose wherein the angular speed difference is smaller than 15 rpm.
However, Williams teaches wherein the angular speed difference is smaller than 15 rpm (see at least column 16 lines 58-59: engines reached synchronous speed within one rpm).
As a result, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the invention as disclosed by Adler by incorporating the teachings of Williams, with a reasonable expectation of success, in order to control the engines in a synchronous manner.
Claim(s) 7-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Adler in view DE 20100007996A1 (Heitmann).
As per claim 7, Adler discloses controlling, at least for a remaining part of an overall operating time, the two internal combustion engines (8) in a synchrononous manner so as to cause combustion engines (8) in a synchronous manner so as to cause the two internal combustion engines (8) to rotate at the same rotation speed (
ω
E
) in order to obtain a regular sound generation (page 4: optimal operating point…operated either individually or together…division of the internal combustion engine into sub-motors that can be operated independently of one another…optimal operating point, page 5: regulate in terms of speed and performance with high efficiency. When operating both sub-engines V .sub.1, V .sub.2 , they can therefore be coordinated with one another in such a way that the behavior of a conventional 4-cylinder engine results from the outside).
Further, should it be found Adler does not explicitly disclose a regular sound generation, Heitmann teaches a regular sound generation (see at least page 3-4: possibility of setting this defined phase position further brings with it the advantage that an acoustically very pleasant noise of the motor vehicle can be set in the operating state in which both internal combustion engines are operated, that is, in which they are in a fired operating state. By the defined adjustment of the phase position of the output shafts to each other ignitions of the two internal combustion engines between the internal combustion engines in time and with respect to the rotation angle of the output shafts matched to each other. As a result, respective combustion noises of the internal combustion engines together generate a sound that sounds pleasant to people. If one of the internal combustion engines, for example, designed as a three-cylinder internal combustion engine and the other of the internal combustion engines as a four-cylinder internal combustion engine, so the representation of a sound of the two internal combustion engines is possible by the defined adjustment of the phase relationship to each other, which is at least similar to an eight-cylinder internal combustion engine in V-construction or even equal. Such a sound of a V-type eight-cylinder internal combustion engine is known to be a pleasing, sporty and powerful performance of the car mediating sound. To improve the driving comfort of the motor vehicle, it is desirable to damp torsional vibrations due to the respective, generated and delivered by the respective internal combustion engine pulsating torque). As a result, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the invention as disclosed by Adler by incorporating the teachings of Brendel, with a reasonable expectation of success, in order to generate a sound that sounds pleasant to people (Heitmann page 3).
As per claim 8, Adler discloses wherein, when the two internal combustion engines (8) are controlled in a synchronous manner so as to cause the two internal combustion engines (8) to rotate at the same rotation speed (
ω
E
), a phase shift is imposed on the two internal combustion engines (8) such that a combustion in one cylinder (14) of the first internal combustion engine (8) always takes place between the ignition of the combustions in two cylinders (14) of the second internal combustion engine (8) (see at least page 3: Figure 2 shows a 4-cylinder internal combustion engine with two identical sub-motors, page 4: FIG. 2 schematically shows the example of a 4-cylinder internal combustion engine V according to the invention, which is divided into two sub-engines V .sub.1 and V .sub.2 . Each sub-motor V .sub.1 , V .sub.2 has an independent one Crankshaft K .sub.1 or K .sub.2 for the power transmission from the pistons of the two cylinders, in which the combustion of the fuel takes place, page 5: Internal combustion engine V can be operated externally like a normal 4-cylinder engine. This is achieved by an electronic control, not shown, which can regulate the two sub-motors V .sub.1 , V .sub.2 with respect to the speed and relative phase position of the two crankshafts K .sub.1 , K .sub.2 as if there were a mechanical coupling between the two sub-motors V .sub.1 , V .sub.2, page 10: sub-motors (V .sub.1 - V .sub.5 ) to achieve low-vibration operation in terms of speed and relative phase position of the crankshafts (K .sub.1 - K .sub.5 ) adjusted to each other and at Speed changes are regulated so that a mass force and gas force compensation in the internal combustion engine (V) is established).
As per claim 9, Adler discloses wherein, when the two internal combustion engines (8) are controlled in a synchronous manner so as to cause the two internal combustion engines (8) to rotate at the same rotation speed (
ω
E
), a phase shift is imposed on the two internal combustion engines (8) such that the ignition of a combustion in a cylinder (14) of the first internal combustion engine (8) never takes place at the same time as the ignition of a combustion in a cylinder (14) of the second internal combustion engine (8) (see at least page 3: Figure 2 shows a 4-cylinder internal combustion engine with two identical sub-motors, page 4: FIG. 2 schematically shows the example of a 4-cylinder internal combustion engine V according to the invention, which is divided into two sub-engines V .sub.1 and V .sub.2 . Each sub-motor V .sub.1 , V .sub.2 has an independent one Crankshaft K .sub.1 or K .sub.2 for the power transmission from the pistons of the two cylinders, in which the combustion of the fuel takes place, page 5: Internal combustion engine V can be operated externally like a normal 4-cylinder engine. This is achieved by an electronic control, not shown, which can regulate the two sub-motors V .sub.1 , V .sub.2 with respect to the speed and relative phase position of the two crankshafts K .sub.1 , K .sub.2 as if there were a mechanical coupling between the two sub-motors V .sub.1 , V .sub.2, page 10: sub-motors (V .sub.1 - V .sub.5 ) to achieve low-vibration operation in terms of speed and relative phase position of the crankshafts (K .sub.1 - K .sub.5 ) adjusted to each other and at Speed changes are regulated so that a mass force and gas force compensation in the internal combustion engine (V) is established).
As per claim 10, Adler discloses wherein, when the two internal combustion engines (8) are controlled in a synchronous manner so as to cause the two internal combustion engines (8) to rotate at the same rotation speed (
ω
E
) (see at least page 5: synchronization of the crankshaft positions can therefore be achieved in a simple manner by changing the rotor angular positions accordingly, page 7: phase positions of the crankshafts K .sub.1 - K .sub.5 can be adjusted, page 10: sub-motors (V .sub.1 - V .sub.5 ) to achieve low-vibration operation in terms of speed and relative phase position of the crankshafts (K .sub.1 - K .sub.5 ) adjusted to each other and at Speed changes are regulated so that a mass force and gas force compensation in the internal combustion engine (V) is established).
Adler does not explicitly disclose a phase shift is imposed on the two internal combustion engines (8) such that a combustion in a cylinder (14) of the first internal combustion engine (8) always takes place simultaneously with the ignition of a combustion in a cylinder (14) of the second internal combustion engine (8).
However, Heitmann teaches wherein, when the two internal combustion engines (8) are controlled in a synchronous manner so as to cause the two internal combustion engines (8) to rotate at the same rotation speed (
ω
E
), a phase shift is imposed on the two internal combustion engines (8) such that a combustion in a cylinder (14) of the first internal combustion engine (8) always takes place simultaneously with the ignition of a combustion in a cylinder (14) of the second internal combustion engine (8) (see at least page 3-4: possibility of setting this defined phase position further brings with it the advantage that an acoustically very pleasant noise of the motor vehicle can be set in the operating state in which both internal combustion engines are operated, that is, in which they are in a fired operating state. By the defined adjustment of the phase position of the output shafts to each other ignitions of the two internal combustion engines between the internal combustion engines in time and with respect to the rotation angle of the output shafts matched to each other. As a result, respective combustion noises of the internal combustion engines together generate a sound that sounds pleasant to people. If one of the internal combustion engines, for example, designed as a three-cylinder internal combustion engine and the other of the internal combustion engines as a four-cylinder internal combustion engine, so the representation of a sound of the two internal combustion engines is possible by the defined adjustment of the phase relationship to each other, which is at least similar to an eight-cylinder internal combustion engine in V-construction or even equal. Such a sound of a V-type eight-cylinder internal combustion engine is known to be a pleasing, sporty and powerful performance of the car mediating sound. To improve the driving comfort of the motor vehicle, it is desirable to damp torsional vibrations due to the respective, generated and delivered by the respective internal combustion engine pulsating torque, page 7: by means of the electric machine 48 a synchronization of the two internal combustion engines 12 and 14 and the described setting of the desired phase position and a hybridization of the drive train 10 to reduce fuel consumption and CO .sub.2 emissions of internal combustion engines 12 and 14 allows). As a result, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the invention as disclosed by Adler by incorporating the teachings of Brendel, with a reasonable expectation of success, in order to generate a sound that sounds pleasant to people (Heitmann page 3).
As per claim 11, Adler discloses wherein, when the two internal combustion engines (8) are controlled in a synchronous manner so as to cause the two internal combustion engines (8) to rotate at the same rotation speed (
ω
E
) (see at least page 5: synchronization of the crankshaft positions can therefore be achieved in a simple manner by changing the rotor angular positions accordingly, page 7: phase positions of the crankshafts K .sub.1 - K .sub.5 can be adjusted, page 10: sub-motors (V .sub.1 - V .sub.5 ) to achieve low-vibration operation in terms of speed and relative phase position of the crankshafts (K .sub.1 - K .sub.5 ) adjusted to each other and at Speed changes are regulated so that a mass force and gas force compensation in the internal combustion engine (V) is established).
Adler does not explicitly disclose a phase shift is imposed on the two internal combustion engines (8) such that the ignition of a combustion in one cylinder (14) of the first internal combustion engine (8) always takes place at the same time as the ignition of a combustion in a cylinder (14) of the second internal combustion engine (8).
However, Heitmann teaches when the two internal combustion engines (8) are controlled in a synchronous manner so as to cause the two internal combustion engines (8) to rotate at the same rotation speed (
ω
E
), a phase shift is imposed on the two internal combustion engines (8) such that the ignition of a combustion in one cylinder (14) of the first internal combustion engine (8) always takes place at the same time as the ignition of a combustion in a cylinder (14) of the second internal combustion engine (8) (see at least page 3-4: possibility of setting this defined phase position further brings with it the advantage that an acoustically very pleasant noise of the motor vehicle can be set in the operating state in which both internal combustion engines are operated, that is, in which they are in a fired operating state. By the defined adjustment of the phase position of the output shafts to each other ignitions of the two internal combustion engines between the internal combustion engines in time and with respect to the rotation angle of the output shafts matched to each other. As a result, respective combustion noises of the internal combustion engines together generate a sound that sounds pleasant to people. If one of the internal combustion engines, for example, designed as a three-cylinder internal combustion engine and the other of the internal combustion engines as a four-cylinder internal combustion engine, so the representation of a sound of the two internal combustion engines is possible by the defined adjustment of the phase relationship to each other, which is at least similar to an eight-cylinder internal combustion engine in V-construction or even equal. Such a sound of a V-type eight-cylinder internal combustion engine is known to be a pleasing, sporty and powerful performance of the car mediating sound. To improve the driving comfort of the motor vehicle, it is desirable to damp torsional vibrations due to the respective, generated and delivered by the respective internal combustion engine pulsating torque, page 7: by means of the electric machine 48 a synchronization of the two internal combustion engines 12 and 14 and the described setting of the desired phase position and a hybridization of the drive train 10 to reduce fuel consumption and CO .sub.2 emissions of internal combustion engines 12 and 14 allows). As a result, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the invention as disclosed by Adler by incorporating the teachings of Brendel, with a reasonable expectation of success, in order to generate a sound that sounds pleasant to people (Heitmann page 3).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANGELINA M SHUDY whose telephone number is (571)272-6757. The examiner can normally be reached M - F 10am - 6pm.
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Angelina Shudy
Primary Examiner
Art Unit 3668
/Angelina M Shudy/Primary Examiner, Art Unit 3668
Prosecution Insights