`
`In re the Patent Application of :
`
`Severinsky et a1
`
`I Examiner: Shafi
`
`Serial No.: 13/065,704
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`: Group Art Unit: 3667
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`Filed: March 29, 2011
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`: Att.Dkt:PAICE201 .DIV. 10
`
`For: Hybrid Vehicles
`
`Hon. Commissioner for Patents
`PO. Box 1450
`Alexandria VA 22313-1450
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`AMENDMENT
`
`Sir:
`
`In response to the Office Action mailed December 1, 2011 setting a shortened statutory
`
`period for response to expire March 1, 2012, kindly amend the above-identified application as
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`follows:
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`1
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`PAICE 2004
`Ford v. Paice & Abell
`|PR2014—00571
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`1
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`PAICE 2004
`Ford v. Paice & Abell
`IPR2014-00571
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`

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`IN THE CLAIMS
`
`1 - 16 (Cancelled)
`
`17. (Currently amended) A method for controlling a hybrid vehicle, said vehicle comprising a
`
`battery, a controller, wheels, an internal combustion engine and at least one electric motor,
`
`wherein both the internal combustion engine and motor are capable of providing torque to the
`
`wheels of said vehicle, and wherein said engine has an inherent maximum rate of increase of
`
`output torque, said method comprising the steps of:
`
`operating the internal combustion engine of the hybrid vehicle to provide torque to operate the
`vehicle;
`
`operating said at least one electric motor to provide additional torque when the amount of torque
`
`provided by said engine is less than the amount of torque required to operate the vehicle; and
`
`employing said controller to control the engine such that a rate of change increase of output
`
`torque output—of the engine is limited to nemere—than—a—predetermined—val-ue—less than said
`
`inherent maximum rate of increase of output torque, and wherein said step of controlling the
`
`engine such that the rate of increase of output torque of the engine is limited is performed such
`
`that combustion of fuel within the engine occurs at a substantially stoichiometric ratio.
`
`18. (Cancelled)
`
`19. (Currently amended) The method of claim [[18]] fl, wherein the amount of oxygen in an
`
`exhaust stream from said engine is monitored to ensure that combustion of fuel within the engine
`
`occurs at a nearsubstantiallyl |-]]stoichiometric ratio.
`
`20. (Currently amended) The method of claim 17, wherein when it is desired to start said engine,
`
`said engine is rotated at at least 300 rpm, whereby the engine is heated, prior to supply of fuel for
`
`starting the engine.
`
`21. (Currently amended) The method of claim [[17]] Q, wherein fuel and air are supplied to
`
`said engine at a fuelzair ratio of no more than 1.2 of the stoichiometric ratio for stating the
`
`engine.
`
`22. (Previously presented) The method of claim 17, wherein said at least one electric motor
`
`produces torque at least equal to the engine’s maximum torque output (MTO).
`
`23. (Previously presented) The method of claim 17, comprising the further steps of:
`
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`operating said at least one electric motor to provide additional torque when the torque required to
`
`operate the vehicle is greater than the engine’s instantaneous torque output (ITO), and
`
`operating said electric motor as a generator to accept torque from said engine to charge said
`
`battery when the torque required to operate the vehicle is less than ITO.
`
`24. (Previously presented) The method of claim 17, comprising the further steps of:
`
`operating said internal combustion engine to provide torque to the hybrid vehicle when the
`
`torque required to operate the hybrid vehicle is between a setpoint SP and a maximum torque
`
`output (MTO) of the engine, wherein the engine is operable to efficiently produce torque above
`
`SP, and wherein SP is substantially less than MTO;
`
`operating both the at least one electric motor and the engine to provide torque to the hybrid
`
`vehicle when the torque required to operate the hybrid vehicle is more than MTO; and
`
`operating the at least one electric motor to provide torque to the hybrid vehicle when the torque
`
`required to operate the hybrid vehicle is less than SP.
`
`25. (Previously presented) The method of claim 24, further comprising the step of operating the
`
`engine at torque output levels less than SP under abnormal and transient conditions.
`
`26. (Previously presented) The method of claim 17, firrther comprising the step of:
`
`operating the engine to charge the battery responsive to the state of charge of the battery,
`
`wherein the engine is operable to provide torque at least equal to SP to propel the hybrid vehicle,
`
`to drive the at least one electric motor to charge the battery, or both, wherein torque produced by
`
`the engine equal to the torque required to propel the vehicle (RL) is used to propel the hybrid
`
`vehicle, and torque produced by the engine in excess of RL is used to drive the at least one
`
`electric motor to charge the battery.
`
`'
`
`27. (Previously presented) The method of claim 17, wherein energy is supplied to the motor from
`
`the battery at a voltage of at least 500 volts under peak load conditions.
`
`28. (Previously presented) The method of claim 17, wherein energy is supplied to the motor from
`
`the battery at no more than about 75 amperes under peak load conditions.
`
`29. (Currently amended) A method for controlling a hybrid vehicle, said vehicle comprising a
`
`battery, a controller, wheels, an internal combustion engine and at least one electric motor,
`
`wherein both the internal combustion engine and motor are capable of providing torque to the
`
`wheels of said vehicle, wherein said engine has an inherent maximum rate of increase of output
`
`torque, said method comprising the steps of:
`
`operating the internal combustion engine of the hybrid vehicle to provide torque to operate the
`vehicle;
`
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`operating said at least one electric motor to provide additional torque when the amount of torque
`
`being provided by said engine is less than the amount of torque required to operate the vehicle;
`and
`
`employing said controller to control the engine such that a rate of change increase of output
`torque output of the engine is limited to ne—merethan—a—predetermi-ned—value less than said
`inherent maximum rate of increase of output torque, and such that combustion of fuel within the
`
`engine occurs at a near substantiallyl|-]]stoichiornetric ratio.
`
`30. (Currently amended) The method of claim 29, wherein the amount of oxygen in an exhaust
`stream from said engine is monitored to ensure that combustion of fuel within the engine occurs
`
`at a —near substantiallyl |-| |stoichiometric ratio.
`
`31. (Currently amended) The method of claim 29, wherein when it is desired to start said engine,
`
`said engine is rotated at at least 300 rpm, whereby the engine is heated, prior to supply of fuel for
`
`starting the engine.
`
`32. (Currently amended) The hybrid vehicle of claim [[29]] fl, wherein fuel and air are supplied
`
`to said engine at a fuel:air ratio of no more than 1.2 of the stoichiometric ratio for starting the
`
`engine.
`
`33. (Previously presented) The method of claim 29, wherein said at least one eleCtric motor
`
`produces torque at least equal to the engine’s maximum torque output (MTO).
`
`34. (Previously presented) The method of claim 29, comprising the further step of:
`
`operating said electric motor as a generator to accept excess torque from said engine to charge
`
`said battery when the torque required to operate the vehicle is less than the engine’s ITO.
`
`35. (Previously presented) The method of claim 29, comprising the further steps of:
`
`operating said internal combustion engine to provide torque to the hybrid vehicle when the
`
`torque required to operate the hybrid vehicle is between a setpoint SP and a maximum torque
`
`output (MTO) of the engine, wherein the engine is operable to efficiently produce torque above
`
`SP, and wherein SP is substantially less than MTO;
`
`operating both the at least one electric motor and the engine to provide torque to the hybrid
`
`vehicle when the torque required to operate the hybrid vehicle is more than MTO; and
`
`operating the at least one electric motor to provide torque to the hybrid vehicle when the torque
`
`required to operate the hybrid vehicle is less than SP.
`
`36. (Previously presented) The method of claim 35, further comprising the step of operating the
`
`engine at torque output levels less than SP under abnormal and transient conditions.
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`37. (Previously presented) The method of claim 35, further comprising the step of:
`
`operating the engine to charge the battery responsive to the state of charge of the battery,
`
`wherein the engine is operable to provide torque at least equal to SP to propel the hybrid vehicle,
`
`to drive the at least one electric motor to charge the battery, or both, wherein torque produced by
`
`the engine equal to the torque required to propel the vehicle (RL) is used to propel the hybrid
`
`vehicle, and torque produced by the engine in excess of RL is used to drive the at least one
`
`electric motor to charge the battery.
`
`38. (Previously presented) The method of claim 29, wherein energy is supplied to the motor from
`
`the battery at a voltage of at least 500 volts under peak load conditions.
`
`39. (Previously presented) The method of claim 29, wherein energy is supplied to the motor from
`the battery at a current of no more than about 75 amperes under peak load conditions.
`
`40. (Previously presented) A method for controlling a hybrid vehicle, said vehicle comprising a
`
`batteg, a controller, wheels, an internal combustion engine and at least one electric motor,
`
`wherein both the internal combustion engine and motor are capable of providing torque to the
`
`wheels of said vehicle, and wherein said epgine has an inherent maximum rate of increase of
`
`output torque, comprising the steps of:
`
`determining instantaneous road load (RL) required to propel the hybrid vehicle;
`
`operating at least one electric motor to propel the hybrid vehicle when RL is less than a setpoint
`
`(SP);
`
`operating an internal combustion engine of the hybrid vehicle to propel the hybrid vehicle when
`
`RL is between SP and a maximum torque output (MTO) of the engine, wherein the engine is
`
`operable to efficiently produce torque above SP, and wherein SP is substantially less than MTO;
`
`operating both the at least one electric motor and the engine to propel the hybrid vehicle when
`RL is more than MTO; and
`
`employing said controller to control controlling the engine such that a rate of ehange increase of
`
`output torque output of the engine is limited to less than said inherent maximum rate of increase
`
`of output torque, and, if the engine is incapable of supplying instantaneous torque required to
`
`propel the hybrid vehicle, supplying additional torque from the at least one electric motor, and
`
`wherein said step of controlling the engine such that the rate of change of output torque of the
`
`engine is limited is performed such that combustion of fuel within the engine occurs at a
`
`substantially stoichiometric ratio.
`
`41. (Cancelled)
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`42. (Currently amended) The method of claim [[41]] 4Q, wherein the amount of oxygen in an
`
`exhaust stream from said engine is monitored to ensure that combustion of fuel within the engine
`
`occurs at a flea; substantiallyl |-]]stoichiometric ratio.
`
`43. (Currently amended) The method of claim 40, wherein when it is desired to start said engine:
`
`said engine is rotated at at least 300 rpm, whereby the engine is heated, prior to supply of fuel for
`
`starting the engine.
`
`44. (Currently amended) The method of claim [[40]] fl, wherein fuel and air are supplied to
`
`said engine at a fuelzair ratio of no more than 1.2 of the stoichiometric ratio for starting the
`
`engine.
`
`45. (Previously presented) The method of claim 40, wherein said at least one electric motor
`
`produces torque at least equal to MTO.
`
`46. (Previously presented) The method of claim 40, comprising the further steps of:
`
`operating said electric motor as a generator powered by said engine to charge said battery when
`RL is less than the engine’s instantaneous torque output (ITO); and
`
`operating said at least one electric motor to provide additional torque when RL is greater than the
`
`engine’s instantaneous torque output (ITO).
`
`47. (Previously presented) The method of claim 40, finther comprising the step of operating the
`
`engine at torque output levels less than SP under abnormal and transient conditions.
`
`48. (Previously presented) The method of claim 40, further comprising the step of:
`
`operating the engine to charge the battery responsive to the state of charge of the battery,
`wherein the engine is operable to provide torque at least equal to SP to propel the hybrid vehicle,
`to drive the at least one electric motor to charge the battery, or both, and wherein torque
`
`produced by the engine equal to RL is used to propel the hybrid vehicle, and torque produced by
`
`the engine in excess of RL is used to drive the at least one electric motor to charge the battery.
`
`49. (Previously presented) The method of claim 40, wherein energy is supplied to the motor from
`
`the battery at a voltage of at least 500 volts under peak load conditions.
`
`50. (Previously presented) The method of claim 40, wherein energy is supplied to the motor
`
`from the battery at a current of no more than about 75 amperes under peak load conditions.
`
`51. (Currently amended) A hybrid vehicle, comprising:
`
`one or more wheels;
`
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`an internal combustion engine operable to propel the hybrid vehicle by providing torque to the
`
`one or more wheels, wherein said engine has an inherent maximum rate of increase of output
`
`torque;
`
`at least one electric motor operable to propel the hybrid vehicle by providing torque to the one or
`
`more wheels;
`
`a battery coupled to the at least one electric motor, operable to provide electrical power to the at
`
`least one electric motor; and
`
`a controller, operable to control the flow of electrical and mechanical power between the engine,
`
`the at least one electric motor, and the one or more wheels, responsive to an operator command;
`
`wherein said controller controls said at least one electric motor to provide additional torque when
`
`the amount of torque being provided by said engine is less than the amount of torque required to
`
`operate the vehicle; and
`
`wherein said controller controls said engine such that a rate of ehange increase of output torque
`
`output—of said engine is limited to nemerethan—a—predeterminedvalue less than said inherent
`
`maximum rate of increase of output torque, and wherein the controller is operable to limit the
`
`rate of change of torque produced by the engine such that combustion of fuel within the engine
`
`occurs at a substantially stoichiometric ratio.
`
`52. (Cancelled)
`
`53. (Currently amended) The hybrid vehicle of claim [[52]] fl, wherein the amount of oxygen
`
`in an exhaust stream from said engine is monitored to ensure that combustion of fuel within the
`
`engine occurs at a near substantiallyl |-]]stoichiometric ratio.
`
`54. (Currently amended) The hybrid vehicle of claim 51, wherein when it is desired to start said
`
`engine, said engine is rotated at at least 300 rpm, whereby the engine is heated, prior to supply of
`fuel for starting the engine.
`
`55. (Currently amended) The hybrid vehicle of claim [[51]] 5_4, wherein fuel and air are supplied
`
`to said engine at a fuelzair ratio of no more than 1.2 of the stoichiometric ratio for starting the
`
`engine.
`
`56. (Previously presented) The hybrid vehicle of claim 51, wherein the controller stops the
`
`engine when the torque required to propel the vehicle, to charge the battery, or both, is less than
`SP.
`
`57. (Previously presented) The hybrid vehicle of claim 51, wherein the battery at least one
`
`electric motor is operable to be—eharged charge the battery when the instantaneous torque output
`
`of the internal combustion engine is greater than the amount of torque required to propel the
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`vehicle, when the amount of torque required to propel the vehicle is negative, or when braking is
`
`initiated by the operator.
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`58. (Previously presented) The hybrid vehicle of claim 51, wherein the maximum torque
`
`available for supply to the one or more wheels from the at least one electric motor is at least
`
`equal to the maximum torque available for supply to the one or more wheels from the engine.
`
`59. (Previously presented) The hybrid vehicle of claim 51, wherein the controller is operable to
`
`start and operate the engine at torque output levels less than SP under abnormal and transient
`conditions.
`
`60. (Previously presented) The hybrid vehicle of claim 51, wherein energy is supplied from the
`
`battery to the motor at a peak of at least 500 volts under peak load conditions.
`
`61. (Previously presented) The hybrid vehicle of claim 51, wherein energy is supplied from the
`
`battery to the motor at no more than about 75 amperes under peak load conditions.
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`REMARKS
`
`The Examiner is thanked for his courtesy in extending a personal interview to the
`
`undersigned on January 18, 2012.
`
`In the December 1, 2011 office action, the Examiner made a 35 USC § 112 objection to
`
`claims 18, 19, 29, 39 [sic — should be 30], 41, 42, 52, and 53 on the ground that the recitation in
`
`these claims that combustion in the internal combustion engine (ICE) of the hybrid vehicle
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`defined by these claims was to take place at a “near-stoichiometric” ratio was indefinite. The
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`subject matter of claims 18, 41 and 52 has been incorporated into the corresponding independent
`
`claims 17, 40 and 51. These and claims 19, 29, 30, 42 and 53 have all been amended to recite
`
`that combustion is to take place at a “substantially” stoichiometric ratio. It is respectfully
`
`submitted that the alleged indefiniteness has thus been eliminated.
`
`More specifically, the claims of this application are largely directed to control of the
`
`combustion of fuel in an ICE of a hybrid vehicle so that the fuel is combusted efficiently.
`
`Ideally, combustion would take place at precisely the stoichiometric ratio, whereby the fuelzair
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`mixture that is provided to the ICE is neither “rich” (containing more fuel than can be combusted
`
`in the amount of air provided), nor “lean” (containing more air than is needed for the complete
`
`combustion of the amount of fuel provided). Rich mixtures lead to unburned fuel in the exhaust,
`
`which is wasteful of fuel and can contribute to undesirable emissions, while over-lean mixtures
`
`can lead to increased combustion temperatures and formation of different undesired emissions.
`
`Moreover, according to one aspect of the invention, and as recited in some of the pending
`
`dependent claims (see, e.g., claim 19), the amount of oxygen in the exhaust stream from the ICE
`
`is monitored and fed back to the ICE controller (which includes the fuel metering system) to
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`control the amount of fuel supplied, the goal being to control the fuel supplied so that
`
`combustion takes place at a substantially stoichiometric ratio.
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`In practical applications using, for example, an oxygen sensor to monitor the operation of
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`the ICE, the mixture will be controlled to be minimally lean; in this way a controller responsive
`
`to an oxygen sensor in the exhaust system can effectively control combustion so as not to be rich.
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`Further, combustion at precisely the stoichiometric ratio may not be achievable due to,
`
`for example, delay in the response of the ICE controller to transients in the amount of torque
`
`required and thus the amount of fuel provided, such that a claim requiring precisely
`
`stoichiometric combustion would be difficult to meet.
`
`It is respectfully submitted, therefore, that recitation of “substantially stoichiometric” in
`
`the pending claims is definite within the requirements of 35 USC § 112.
`
`Another important aspect of the invention, and that to which the independent claims are
`
`directed, is the control of fuel supplied to the ICE under transient conditions, primarily
`
`conditions in which the vehicle operator requires an increase in torque from the vehicle, e.g., for
`
`acceleration or hill-climbing.
`
`More specifically, it will be apparent that to be acceptable in the marketplace a hybrid
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`vehicle must provide adequate “drivability”; that is, it must respond to the operator’s commands
`
`in a timely fashion. In particular, to provide a satisfactory driving experience, when the operator
`
`depresses the accelerator pedal the vehicle must respond by providing additional torque to the
`
`drive wheels as rapidly as possible.
`
`In a conventional (that is, non-hybrid) vehicle, drivability in this sense is typically
`
`provided in two ways. A first method of providing adequate torque for drivability is simply
`
`sizing the ICE sufficiently large that it can provide significant additional torque on demand. As
`
`discussed in the present application at length, under typical circumstances the ICE of such a
`
`conventional vehicle is operated at much lower torque outputs, because acceleration and hill- '
`
`climbing are required for little of the total time the vehicle is driven; that is, much of ordinary
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`driving is highway cruising and low-speed operation in traffic, where relatively little torque is
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`required. Also as discussed in the application as filed, this practice is highly inefficient, as an
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`ICE by its nature uses fuel more efficiently at higher torque output levels. For this reason one
`
`principal aspect of the invention is to size the ICE so that it is operated at relatively high torque
`
`output at substantially all times — specifically, so that the ICE is operated at relatively high
`
`output torque levels during highway cruising, and is relatively heavily loaded when used for
`
`battery charging, or when used for both propulsion and battery charging - and to provide an
`
`electric “traction” motor to provide additional torque when needed.
`
`Another aspect of the invention, which is addressed specifically by the independent
`
`claims now pending in this application, has to do with providing drivability — again, good
`
`response to an increase in the torque demanded — without inefficient use of fuel. To fully
`
`understand this aspect of the invention it is again necessary to consider first what is done in
`
`conventional vehicles.
`
`A second way of providing drivability in a conventional vehicle, that is, in order to
`
`increase the maximum rate of increase of torque provided by an ICE in a conventional vehicle, is
`
`to provide a “super-rich” fiielzair mixture for a few seconds upon indication of a rapid increase in
`
`the amount of output torque desired.
`
`Such a sudden richening of the fuel:air mixture does indeed provide more rapid increase
`
`in the rate of change of torque output by the engine, but some of the fuel is not combusted (at
`
`least in part as the rate of air supply does not increase as rapidly) and is wasted. This is
`
`inefficient, and can lead to undesired emission of unburned fuel.
`
`According to the present invention, this enrichening of the fuel:air mixture, and the
`
`consequent waste of fuel, is to be avoided, and substantially stoichiometric combustion is to be
`
`maintained at substantially all times. However, drivability — that is, rapid increase in the torque
`
`provided to the wheels in response to an operator’s command — is nonetheless essential to a
`
`commercially viable vehicle. The at least one electric “traction” motor of the hybrid vehicle is
`
`instead employed to provide a rapid increase in the torque to be provided to the wheels of the
`
`vehicle, providing drivability.
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`The claims of the present application therefore recite, as in the following from claim 17
`
`as amended:
`
`operating said at least one electric motor to provide additional torque when the amount of
`torque provided by said engine is less than the amount of torque required to operate the
`vehicle; and
`'
`
`employing said controller to control the engine such that a rate of increase of output
`torque of the engine is limited to less than said inherent maximum rate of increase of
`output torque, and wherein said step of controlling the engine such the rate of increase of
`output torque of the engine is limited is performed such that combustion of fuel within
`the engine occurs at a substantially stoichiometric ratio.
`
`According to this explicit recitation, the rate of increase of torque output by the ICE is
`
`limited by the controller to less than the inherent maximum rate of increase in output torque of
`
`the ICE, and any shortfall in the torque required to meet the operator’s requirements — that is, to
`
`provide drivability — is supplied by torque from the traction motor. Claim 17 has also been
`
`amended to recite that the engine has an inherent maximum rate of increase in the torque output.
`
`Claim 17 has also been amended to include the limitations of claim 18, that is, to recite that the
`
`rate of increase in output torque is limited so that combustion of fuel in the ICE takes place
`
`substantially at the stoichiometric ratio. This aspect of the invention is discussed at pages 70 -
`
`71 of the application as filed. Similar amendments have been made to the other independent
`
`claims. Claim 40 has also been amended to explicitly recite the components of the vehicle,
`
`including the controller. Finally, note that the claims have been amended to refer to limitation of
`
`the rate of increase of torque output, rather than the rate ofWe thereof, as decreases in torque
`
`in a conventional engine do not involve rich mixtures, such that the improvement claimed is
`
`primarily relevant to increases in the engine’s output torque.
`
`It will be appreciated that what is being claimed here is that the controller limits the rate
`
`of increase of torque output by the engine. That is, all engines have an inherent limitation on the
`
`maximum rate of increase at which they can supply torque responsive to increase in fuel
`
`supplied. This inherent limitation on the rate of increase of torque output is largely a factor of
`
`'such mechanical parameters as flywheel inertia, inertia of other rotating and reciprocating
`
`components, limitations of air flow, internal friction, and the like. Engines are optimized as to
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`these and other parameters for their intended use. Engines for use in relatively slowly
`
`accelerating vehicles, such as heavy trucks, are typically capable of increasing their torque
`
`output only very slowly, while engines intended for racing cars and the like which require fast
`
`acceleration must have a very high rate of increase of torque output. Passenger car engines are
`
`somewhere in between, varying over a wide range depending on the designer’s choice, although
`
`in general faster rates of increase are desired for better acceleration; the tradeoff is reduced fuel
`
`economy, increased cost, and other negative factors.
`
`However, in all such cases of which the present inventor is aware, the maximum rate of
`
`increase of torque output by the engine is not limited by the controller as claimed; the limitation
`
`is purely inherent in the engine design. As claimed herein, the controller imposes a further, non-
`
`inherent limitation on the rate of increase of torque output by the engine. This is done so that the
`
`“super-rich” fuelzair mixtures mentioned above, and indeed substantially all rich mixtures, can be
`
`avoided in favor of substantially stoichiometric combustion at all times, yielding further
`
`improvement in fuel usage efficiency and reduction of undesired exhaust emissions. According
`
`to the invention, drivability is not impaired, as the electric traction motor can provide
`
`substantially instantaneous increase in torque output in response to an operator command. The
`
`output of the ICE can then be more gradually increased.
`
`Claim 17 and the other independent claims have accordingly been amended to make
`
`explicit that the rate of increase of engine output torque is controlled by the controller to be less
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`than the engine’s inherent maximum rate of increase in output torque, and further to recite that
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`this is donetso that combustion can be controlled to occur at substantially the stoichiometric
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`ratio. This is not shown in the prior art of record, nor rendered obvious thereby.
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`Turning to the specific rejections made by the Examiner, claim 17 was rejected under 35
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`USC § 102 as anticipated by Severinsky patent 5,343,970 (the “‘970 patent” hereafier). Similar
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`rejections were made to independent claims 40 and 51. With all respect, the invention defined by
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`these claims, as amended, is not shown by the ‘970 patent.
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`The Examiner makes the statement (p. 3 of office action) that the ‘970 patent shows using
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`the controller “to control the engine...such that a rate of change of torque output of the engine is
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`limited to no more than a predetermined value (via engine producing substantial torque over a
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`wide RPM operating range, Col. 12, lines 7 — 13. In Fig. 14, O-C being torque range, after that
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`torque decreases with increase in RPM).”
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`The cited passage from Col. 12 of the ‘970 patent reads as follows:
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`To allow engine 40 to be connected to wheels 34 without a variable-speed
`transmission while being operable over a wide range of road speeds, [engine and] engine
`40 has a relatively "flat" output torque versus RPM characteristic--that is, engine 40
`produces substantial torque over a Wide RPM operating range. See FIG. 14.
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`\ This passage simply specifies the preferred “inherent” characteristics of the ICE to be
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`employed, and says nothing about the controller’s limiting the rate of increase of torque output
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`by the engine above and beyond its inherent characteristics, as explained above and as claimed.
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`More specifically, the flat torque curve as described in the cited passage from the ‘970
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`patent describes the maximum amount of torque that can be output by the engine at a given
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`RPM. It says nothing about the rate at which the amount of torque can be increased in response
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`to an operator command, and certainly does not relate to employing the controller to limit the
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`rate of increase of torque over time, as claimed.
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`It is respectfully submitted that the ‘970 patent neither anticipates claim 17 nor renders it
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`obvious, and the rejection based thereon should be reconsidered and withdrawn.
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`The Examiner’s reference to “O-C” in Fig. 14 of the ‘970 patent is also erroneous. O-C
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`is simply the lower portion of the Ms operating range, in which its torque output is constant
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`with increasing RPM; at motor speeds above C, the motor torque drops off with RPM, as shown
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`by line A in Fig. 14 . Line B in Fig.14 shows the engine’s preferred “flat” torque vs. RPM
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`characteristic, as described in the passage quoted above from the ‘970 patent. See col. 13, lines
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`30 — 64 of the ‘970 patent.
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`The Examiner likewise applied the ‘970 patent under 35 USC § 102 as an alleged
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`anticipation of independent claims 40 and 51. These include the same limitation regarding the
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`controller’s limiting the rate of increase of torque output by the engine as claim 17, distinguish
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`similarly over the ‘970 patent, and are likewise allowable.
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`Independent claim 29 also includes this limitation, and also includes the limitation that
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`the ICE is operated at a “near” (now “substantially”) stoichiometric fuelzair ratio; as noted, the
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`other independent claims now also include the latter limitation. As to this, the examiner cited the
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`following from the ‘970 patent (col. 12, lines 13 - 22):
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`To lower the toxic hydrocarbon and carbon monoxide emissions from combustion, the
`engine 40 will be operated in lean burn mode (that is, air will be supplied slightly in
`excess of the amount required for stoichiometric combustion) to achieve complete
`combustion. To lower nitrogen oxide emissions, the engine will be operated at a lower
`temperature and thus at slightly reduced thermodynamic efficiency (e. g., 2-3% lower)
`than is a conventional engine.
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`The ‘970 patent thus suggests operating the engine in a “lean-bum” mode, that is, where
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`the fuelzair ratio is lean with respect to the stoichiometric ratio. This “lean-burn” operation is
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`not the same as the “substantially stoichiometric” operation recited in the independent claims of
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`this application.
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`Moreover, the ‘970 patent does not teach having the controller limit the rate of increase
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`of torque specifically so that rich mixtures can be avoided, as claimed, and so that combustion
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`can be c