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`‘ Address: COMMISSIONER OF PATENTS AND TRADEMARKS
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`SERIAL NUMBER
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`FILING DATE
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`FIRST NAMED APPLICANT
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`TPISD-B854
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`EXAMINER
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`PIRTHUR , E
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`ART UNIT
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`PAPER NUMBER
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`Please find below a communication from the EXAMINER -in charge of this application.
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`Commissioner of Patents
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`gag
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`PT°"'9° (R‘’‘'‘ 6/84’
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`1 - PATENT APPLICATION FILE COPY
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`VWGoA - Ex. 1007
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`Volkswagen Group of America, Inc., Petitioner
`Case No. |PR2015-00276
`1
`
`VWGoA - Ex. 1007
`Volkswagen Group of America, Inc., Petitioner
`Case No. IPR2015-00276
`1
`
`

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`Office Action Summary
`Group Art Unitll lllllllllllllllllllllllllllllll
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`Applicant(s)
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`‘
`I
`f
`Harvey Slepian et al.
`
`Application No.
`08/813,270
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`Examiner
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`K Responsive to communication(s) filed on Mar 10 1997
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`K This action is FINAL.
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`prosecution as to the merits is closed
`Since this application is in condition for allowance except for formal matters,
`in accordance with the practice under Ex parte Quaw935 C.D. 11; 453 O.G. 213.
`
`3 month(s), or thirty days, whichever is
`A shortened statutory period for response to this action is set to expire
`longer, from the mailing date of this communication. Failure to respond within the period for response will cause the
`application to become abandoned.
`(35 U.S.C. § 133). Extensions of time may be obtained under the provisions of
`37 CFR1.136(a).
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`Disposition of Claim
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`K Claim(s)
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`Of the above, Claim(s)
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`/
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`is/are pending in the applicat
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`is/are withdrawn from consideration
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`is/are allowed.
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`is/are rejected.
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`islare objected to.
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`
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`K Claim(s) 14-17
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`K Claim(s) 1-7 18-24 27 and 28
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`K Claim(s) 8-13 25 26 and 29-32
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`\
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`K Claims
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`Application Papers
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`are subject to restriction or election requirement.
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`K See the attached Notice of Draftsperson's Patent Drawing Review, PTO-948,3
`_ The drawing(s) filed on
`I
`I
`is/are objected to by the Examiner.
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`The proposed drawing correction, filed on
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`The specification is objected to by the Examiner.
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`llllll The oath or declaration is objected to by the Examiner.
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`is
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`[1 approved
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`ljzlisapproved.
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`Priority under 35 U.S.C. § 119
`F
`T Acknowledgement is made ofa claim for foreign priority under 35 U.S.C. § 119(a)-(d).
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`C} All @ome*
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`lifllone
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`of the CERTIFIED copies of the priority documents have been
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`C received.
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`1: received in Application No. (Series Code/Serial Number)
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`[1 received in this national stage application from the International Bureau (PCT Rule 17.2(a)).
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`*Certified copies not received:
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`lj Acknowledgement is made of a claim for domestic priority under U.S.C. § 119(e).
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`Attachment(s)
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`K Notice of References Cited, PTO-892
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`.
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`K Information Disclosure Statement(s), PTO-1449, Paper No(s).
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`2
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`l: interview Summary, PTO-413
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`K Notice of Draftsperson's Patent Drawing Review, PTO-948
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`E: Notice of Informal Patent Application, PTO-152
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`i. 8. Patent and Trademark Office
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`’TO-326 (Rev. 9-95)
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`Office Action Summary
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`Part of Paper No.
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`5
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`-- SEE OFFICE ACTION ON THE FOLLOWING PAGES --
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`2
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`

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`Serial Number: 08/813,270
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`Art Unit: 3614
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`DETAILED ACTION
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`Claim Rejections - 35 USC § 103
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`Page 2
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`r
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`1.
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`The following is a quotation of 35 U.S.C. 103 (a) which forms the basis for all obviousness A
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`rejections set forth in this Office action:
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`(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in
`section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are
`such that the subject matter as a whole would have been obvious at the time the invention was made to a person
`having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the
`manner in which the invention was made.
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`2.
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`Claims 1-2, 4-6 are rejected under 35 U.S.C. 103 (a) as being unpatentable over Chasteen
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`(U.S. Patent No. 4,901,701).
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`As to claim 1, Chasteen discloses a fiiel injection system for an engine that comprises a
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`plurality of sensors such as an engine speed sensor, a throttle position sensor, a barometric
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`pressure sensor. Chasteen also discloses a processor subsystem toireceive data considered as CPU
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`130 that receives the outputs from the sensors (See column 9, lines 1-8). Chasteen discloses that
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`the processor (CPU) comprises a conventional memory chip and also discloses that an injector
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`provides a proper amount of fiiel injection in the manifold as determined by the CPU (See column
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`9, lines 58-60) considered as a memory coupled to the processor wherein the memory subsystem
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`stores therein a manifold pressure set point and present and prior levels for each one _of the
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`plurality of sensors. Chasteen discloses an electronic control circuit considered as the
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`overinjection notification electronic circuit
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`for notifying the supply of fiiel to the engine and
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`3
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`Serial Number: O8/813,270
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`Art Unit: 3_614
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`Page 3
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`wherein the processor actuates or activates the fiiel injection based upon data received from the
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`plurality of sensors (See column 13, lines 50-55). Though Chasteen discloses many types of
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`sensors, it fails to specifically disclose a road speed sensor however,
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`it would have been obvious!
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`to one of ordinary skill in the art at the time of the invention to have a road speed sensor in the
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`system since the speed sensor would help to monitor the operation of the vehicle
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`As to claims 2, 5-6, Chasteen discloses the sensors as discussed for sensing the signals
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`and a processor and compare manifold pressure for activating the fiiel injection. Chasteen
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`discloses the speed (RPM) and throttle.position are determined to be greater than 0
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`(increasing)and the CPU provides a. control command to the engine fiiel injector to prime the
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`engine (See column 11, lines 22-33) therefore on would consider increasing and decreasing the
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`speed and throttle for adjusting the fiiel injector for supplying fuel to the engine.
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`As to claim 4, Chasteen discloses a plurality of sensors as discussed and fiirther discloses
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`an engine speed sensor 140 (See column 9, lines 3-6).
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`3.
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`Claim 3 is rejected under 35 U.S.C. 103(a) as being unpatentable over Chasteen in view of
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`Blee et al. (U.S. Patent No. 4,631,515).
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`As to claim 3, Chasteen does not specifically disclose the overinjection circuit has a horn
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`issuing a tone for a preselected time period. In an analogous art, Blee et al. disclose a vehicle gear
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`shift indicator wherein the change-up speeds to which the system responds are pre-set so as to be
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`the optimum speeds for increased fiiel efficiency (See abstract, lines 14-16). Moreover,
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`the when
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`the engine speed begins to exceed the optimum change-up speed the next LED illuminated
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`4
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`Serial Number: O8/813,270
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`ArtUnit: 3614
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`Page 4
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`produces red light to the driver and also an audible warning (horn) may be produced (See
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`abstract, lines 8-11). It is considered that a horn or audible warning is issued for a preselected
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`time. It would have been obvious to one of ordinary skill in the art at the time of the invention to
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`modify the system of Chasteen with that ofBlee et al. by having an a horn in the overinjection I
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`fuel circuit in order to notify the driver of the operation of the vehicle.
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`4.
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`Claims 7, 18-24, 27-28, are rejected under 35 U.S.C. 103(a) as being unpatentable over
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`Chasteen in view of Doi et al. (U.S. Patent No. 5,708,584) .
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`As to claim 7, Chasteen does not specifically disclose a horn for issuing a tone for a
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`preselected time period in the fuel overinjection circuit. In an analogous art, Doi et al. disclose a
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`vehicle running mode, detecting system that comprises an alarm in Fig. 2 considered as a means
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`for issuing a tone for a preselected time period. It Would have been obvious to one of ordinary
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`skill in the art at the time of the invention to modify the circuit system of Chasteen with the tone
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`or alarm issuing ofDoi et al. in order to alert the user ofthe operation ofthe vehicle.
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`As to claims 18, 27, Chasteen discloses a fuel injection system for an engine that
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`I
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`comprises a plurality of sensors such as an engine speed sensor, a throttle position sensor, a
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`barometric pressure sensor but does not specifically disclose a road speed sensor however,
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`it is
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`conventional to have a road speed sensor for monitoring the operation of the vehicle. Chasteen
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`also discloses a processor subsystem to receive data considered as CPU 130 that receives the
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`outputs from the sensors (See column 9, lines 1-8). Chasteen discloses that the processor (CPU)
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`comprises a conventional memory chip and also discloses that an injector provides a proper
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`5
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`

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`Serial Number: O8/813,270
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`ArtUnit: 3614
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`Page 5
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`amount of fuel injection in the manifold as determined by the CPU (See column 9, lines 58-60)
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`considered as a memory coupled to the processor wherein the memory subsystem stores therein a
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`manifold pressure set point and present and prior levels for each one of the plurality of sensors.
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`Chasteen discloses an electronic control circuit considered as the overinjection notification
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`/
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`electronic circuit
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`for notifying the supply of fuel to the engine and wherein the processor
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`actuates or activates the fuel injection (See column 13, lines 50-55). However, Chasteen does not
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`specifically disclose a radar detector for determining a distance separating a vehicle and an object
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`in front of the vehicle and an alarm circuit coupled to the processor. In an analogous art, Doi et
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`a1. disclose a vehicle running mode detecting system that comprises a radar detector 3 and an
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`alarm circuit 7 coupled to the processor 4 ‘(See column 2, lines 58-62; column 3, lines 1-6). It
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`would have been obvious to one of ordinary skill in the art at the time of the invention to modify
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`the system of Chasteen with the radar detector and the alarm circuit as taught by Doi et al. in
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`order to further detect the operation of the vehicle and to inform the user of the operating
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`conditions.
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`As to claim 19, Chasteen discloses a plurality of sensors for controlling the operation of
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`the fuel injection wherein it would have been obvious to use a windshield wiper sensor in order to
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`provide a complete performance operation of the vehicle.
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`As to claim 20, the limitations have been discussed in the previous claims.
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`As to claim 21, Chasteen et al. disclose the RPM ranges or speed (See column 13, lines
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`61-66) therefore it is considered that a brake sensor can also be used in the system.
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`6
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`Serial Number: 08/813,270
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`Art Unit: 3614
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`Page 6 _
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`As to claim 22, it has been discussed that Doi et al. disclose an alarm therefore it would
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`have been obvious to one of ordinary skill in the art at the time of the invention to count a total
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`number of alarms associated with the system.
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`As to claims 23-24, the limitations have been discussed in the previous claims and are
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`rejected for the same reasons.
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`As to claim 28, Chasteen discloses the sensors as discussed for sensing the signals and a
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`processor and compare manifold pressure for activating the fixel injection. Chasteen discloses the
`speed (RPM) and throttle position are determined to be greater than 0 (increasing)and the CPU
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`provides a control command to the engine fiiel injector to prime the engine (See column 11, lines
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`22-33) therefore on would consider increasing and decreasing the speed and throttle for adjusting
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`the fuel injector for supplying fiiel to the engine.
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`Allowable Subject Matter
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`5.
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`Claims 8-13, 25, 26, 29-32, are objected to as being dependent upon a rejected base claim,
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`but would be allowable ifrewritten in independent form including all ofthe limitations ofthe base
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`claim and any intervening claims.
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`In claims 8, 25, 29, the prior art fails to disclose an upshifl notification circuit coupled to
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`the processor subsystem, the upshifi; notification circuit issuing a notification that the engine of the
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`vehicle is being operated at an excessive engine speed and the processor determines when to
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`I activate the upshift notification circuit.
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`7
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`Serial Number: 08/813,270
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`ArtUnit: 3614
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`Page 7
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`In claim 11, 26, 31, the prior art fails to disclose a downshifi notification circuit coupled to
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`the processor subsystem, the downshifi notification circuit issuing a notification that the engine of
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`the vehicle is being operated at an insufficient engine speed and the processor determines when to
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`activate the downshifi notification circuit.
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`I
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`6. Claims 14-17 are allowable over the prior art of record.
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`As to claim 14, the prior art fails to disclose an upshifi notification circuit coupled to the
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`processor subsystem, the upshifi notification circuit issuing a notification that the engine of the
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`vehicle is being operated at an excessive engine speed and the processor determines when to
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`activate the upshiftnotification circuit and a downshifi notification circuit coupled to the
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`processor subsystem, the downshifi notification circuit issuing a notification that the engine of the
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`vehicle is being operated at an insufficient engine speed and the processor determines when to
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`activate the downshifi notification circuit.
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`Conclusion
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`7.
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`The prior art made of record and not relied upon is considered pertinent to applicant's
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`disclosure.
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`Yamamoto et al.
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`(US. Patent No. 5,745,870) disclose a traveling-path prediction
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`apparatus and method for vehicles.
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`Butsuen et al.
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`(U.S. Patent No. 5,420,792) disclose an automatic brake control system.
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`8
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`Serial Number: 08/813,270
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`Page 8
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`Art Unit: 3614
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`8.
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`Any inquiry concerning this communication or earlier communications from the examiner
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`should be directed to Gertrude Arthur whose telephone number is (703) 308-7564. The examiner
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`can normally be reached on Tuesday-Friday from_8:30 a.m to ‘6:00 p.m and every first Monday of
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`the bi-week from 8:30 a.m to 6:00 p.m.
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`If attempts to reach the examiner by telephone are unsuccessfiil, the examiner's supervisor,
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`William Cuchlinski, can be reached on (703) 308-3873. The appropriate fax phone number for
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`the organization where this application or proceeding is assigned is (703) 305-7687.
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`Any inquiry of a general nature or relating to the status of this application or proceeding
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`should be directed to the receptionist whose telephone number is (703) 308-1113.
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`GA
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`July 30, 1998
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`9