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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`
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`UNITED STATES DEPARTMENT or C0
`United Sums Pllenl and Tndemuk Office
`Address: COMMISSIONER FOR PATENTS
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`PO. Box "50
`Alcnndna." Vitginil HID-H50
`ww.upm.gov
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`10/382,577
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`03/07/2003
`
`Alex J. Seven'nsky
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`PAICEZOIDIV
`
`9389
`
`mom
`
`Michael de Angeli
`60 Intrepid Lane
`Jamestown, RI 02835
`
`,
`
`DUNN, DAVID R
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`36l6
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`DATE MAILED: ”103/2004
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`Please find below and/or attached an Office communication concerning this_ application or proceeding.
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`PTO-90C (Rev. 10/03)
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`-
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`Application No.
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`Applicant(s)
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`10/382,577
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`SEVERINSKY ET AL.
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`Office Action Summary
`
`Examine,
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`-mm
`
`~ The MAILING DATE of this communication appears on the cover sheet with the correspondence address -
`Period for Reply
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`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE :_t MONTH(S) FROM
`THE MAILING DATE OF THIS COMMUNICATION
`Extensions oi lime may be available under the provisions of 37 CFR 1 136(3).
`alter SIX (6) MONTHS from the mailing date at this communication.
`It the period tor reply specified above"is less than thirty (30) days. a reply within the statutory minimum oi thirty (30) days will be considered timety.
`-
`ll NO period [or reply is specified above. the maximum statutory period will apply and will expire SIX (6) MONTHS lrom the mailing date oi this communication.
`-
`- Failure to reply within the set or extended period for reply will. by statute. cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Otfice later than three months after the mailing date 01 this communication. even it timely filed. may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`
`In no event. however. may a reply be timerIfiled
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`Status
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`1)IZ Responsive to communication(s) filed on 07 March 2003.
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`2a)[:] This action is FINAL.
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`2mm This action is non-final.
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`3)[:] Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
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`closed in accordance with the practice under Ex parte Quayle. 1935 CD. 11. 453 0.6. 213.
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`
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`Disposition of Claims
`
`4)IZ Claim(s) L42 is/are pending in the application.
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`4a) Of the above Claim(s) _ islare withdrawn from consideration.
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`5)El Claim(s) _ is/are allowed.
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`6)® Claim(s) L42 is/are rejected.
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`7)I:I Claim(s) _ is/are objected to.
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`8)|:} Claim(s) _ are subject to restriction and/or election requirement.
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`Application Papers
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`9):] The specification is objected to by the Examiner.
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`10)[j The drawing(s) filed on __ is/are: a)E] accepted or b)l:] objected to by the Examiner.
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`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
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`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121(d).
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`11)E] The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO-152.
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`Priority under 35 U.S.C. § 119
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`12):] Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
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`3):] All
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`b)l:] Some * c)C] None of:
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`1.1] Certified copies of the pn’on‘ty documents have been received.
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`2E] Certified copies of the priority documents have been received in Application No.
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`3.l:| Copies of the certified copies of the priority documents have been received in this National Stage
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`application from the lntemational Bureau (PCT Rule 17.2(a)).
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`" See the attached detailed Office action for a list of the certified copies not, received.
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`Attachment(s)
`
`1) D Notice of References Cited (PTO-892)
`2) ‘3 Notice oi Draitsperson's Patent Drawing Review (PTO-948)
`3) E Information Disclosure Statement(s) (PTO-1449 or PTO/SBIOB)
`Paper No(s)/Mail Date 228/04 and Mg.
`u.s. Patent and Trademark Ollice
`
`4) D Interview Summary (PTO-413)
`Paper No(s)lMail Date. _-
`5) CI Notice of Informal Patent Application (PTO-152)
`6) D Other:
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`PTOL-326 (Rev. 1-04)
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`Office Action Summary
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`Part of Paper No./Mail Date 20041130
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`Page 2 Of 32
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`Application/Control Number: 10/382,577
`Art Unit: 3616
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`Page 2
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`DETAILED ACTION
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`Information Disclosure Statement
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`1.
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`The information disclosure statements filed 3/07/03 and 5/28/04 are acknowledged. See
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`enclosed IDS forms.
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`NOTE:
`
`there are two claims numbered 71; claims have been renumbered starting
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`with the second 71 becoming number 72, etc.
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`Claim Rejections - 35 USC § 112
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`2.
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`The following is a quotation of the second paragraph of 35 USC. 112:
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`The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the
`subject matter which the applicant regards as his invention.
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`3.
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`Claims 1-142 are rejected under 35 USC. 112, second paragraph, as being indefinite for
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`failing to particularly point out and distinctly claim the subject matter which applicant regards as
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`the invention.
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`Applicant’s claims are unduly multiplied. See MPEP 2173.05(n).
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`On November 18, 2004, Michael de Angeli selected by telephone to have claims 82-123
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`(prior claims 81-122, see note above) examined.
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`Claim 82 is indefinite as the final paragraph is unclear. The phrase “to propel the vehicle
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`or” before “to propel the vehicle and/or to drive either...” appears to be repetitive and
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`unnecessary as the second phrase already has an and/or clause, such that “to propel the vehicle”
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`could be used alone in the case of the “or”.
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`Application/Control Number: 10/382,577
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`Art Unit: 3616
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`Page 3
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`Claim 84 is indefinite as it unclear what “RL” means in the claim. The examiner
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`recommends reciting --road load-- before this abbreviation the first time it is used in a claim
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`string.
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`Claim 96 recites the limitation "the battery bank". There is insufficient antecedent basis
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`for this limitation in the claim.
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`Regarding claims 103 and 122, the phrase "eg." renders the claim indefinite because it is
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`unclear whether the limitation(s) following the phrase are part of the claimed invention. See
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`MPEP § 2173.05(d).
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`Claim Rejections - 35 USC § 102
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`4.
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`The following is a quotation of the appropriate paragraphs of 35 USC. 102 that form the
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`basis for the rejections under this section made in this Office action:
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`A person shall be entitled to a patent unless -
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`(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on
`sale in this country, more than one year prior to the date of application for patent in the United States.
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`5.
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`Claims 82, 88-90, 95, 96, 99, 100, 102, and 103 are rejected under 35 USC. 102(b) as
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`being anticipated by Frank (6,054,844).
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`Frank discloses a hybrid vehicle comprising an internal combustion engine (10); a first
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`electric motor (50); a second electric motor/generator (24); a battery (26); a controller (3 0);
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`wherein the controller starts and operates the engine when the torque produced by the engine to
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`propel the vehicle (column 5, lines 24-26) or drive either one or both of the electric motors to
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`charge the battery (column 4, lines 61-66) is at least equal to a setpoint above which the engine
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`torque is efficiently produced (the vehicle inherently has a point where the engine operates, a
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`Application/Control Number: 10/382,577
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`Art Unit: 3616
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`Page 4
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`'
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`“setpoint above which said engine torque is efficiently produced” is a broad phrase as neither the
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`“setpoint” or “efficiently” is defined by the claim to provide any sort of limits). Regarding claim
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`88, the vehicle has the operating modes as recited (see column 9, line 55- column 10, line 13).
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`Regarding claim 94, the controller inherently accepts operator input to control the engine to
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`maintain a vehicle speed. Regarding claim 95, regenerative charging of the battery is performed
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`when braking is initiated (see column 8, lines 5-20). Regarding claim 99, the vehicle includes a
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`variable-ration transmission (18).
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`6.
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`Claims 82, 88-90, 96, 104, 108, 109, and 117 are rejected under 35 USC. 102(b) as
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`being anticipated by Mayrhofer et al. (“A hybrid drive based on a structure variable
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`arrangement”; cited in IDS).
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`Mayrhofer et al. discloses a hybrid vehicle comprising an IC engine two electric motors
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`and a battery (see Figure 2) which operates by the electric drive in a first mode (see Table l);
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`employs the engine (in another mode), an employs the engine and motor in a timber mode; and
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`employs the engine to propel the vehicle and charge the battery (see mode 6; Table 1); see also
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`page 191, final paragraph.
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`Claim Rejections - 35 USC § 103
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`7.
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`The following is a quotation of 35 USC. 103(a) which forms the basis for all
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`obviousness 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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`Application/Control Number: 10/382,577
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`Art Unit: 3616
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`Page 5
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`8.
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`Claims 101 and 123 are rejected under 35 U.S.C. 103(a) as being unpatentable over
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`Frank alone.
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`Frank is discussed above and does not show the engine operating at the stoichiometric
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`ratio of combusion or the ratio of battery voltage to current being at least 2.5: 1.
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`The examiner takes Office Notice that the operation of a combustion engine at the
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`stoichiometric ratio is old and well known and it would have been obvious to one of ordinary
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`skill in the art at the time the invention was made to operate the engine at the stoichiometric ratio
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`in order to provide an efficient use of the engine.
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`Additionally, while Frank does not disclose the ratio of the battery voltage to current, it
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`would have been obvious to one of ordinary skill in the art at the time the invention was made to
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`operate the battery at least at this ratio as such a selection would have been within the skill level
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`of one of ordinary skill in the art. Further, applicant does not give any specific reason why this
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`ratio solves any stated problem or is for any particular purpose.
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`9.
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`Claims 101 and 120 are rejected under 35 U.S.C. 103(a) as being unpatentable over
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`Mayrhofer et al. alone.
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`Mayrhofer et al. is discussed above and does not show the engine operating at the
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`stoichiometric ratio of combusion or the ratio of battery voltage to current being at least 2.5: l.
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`The examiner takes Office Notice that the operation of a combustion engine at the
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`stoichiometric ratio is old and well known and it would have been obvious to one of ordinary
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`skill in the art at the time the invention was made to operate the engine at the stoichiometric ratio
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`in order to provide an efficient use of the engine.
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`Application/Control Number: 10/382,577
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`Art Unit: 3616
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`Page 6
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`‘ Allowable Subject Matter
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`10.
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`Claims 83-87, 91-94, 97-99, 105—107, 110-116, 118, 119, 121, and 122 would be
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`allowable if rewritten to overcome the rejection(s) under 35 U. SC. 112, 2nd paragraph, set forth
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`in this Office action and to include all of the limitations of the base claim and any intervening
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`claims.
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`‘
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`Conclusion
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`11.
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to David Dunn whose telephone number is 703-3 05-0049. The
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`examiner can normally be reached on Mon-Thur, alt. Fridays, 9:00-5:30.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Paul Dickson can be reached on 703-308-2089. The fax phone number for the
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`organization where this application or proceeding is assigned is 703-872—9306.
`Information regarding the status of an application may be obtained from the Patent
`
`Application Information Retrieval (PAIR) system. Status information for published applications
`
`may be obtained from either Private PAIR or Public PAIR. Status information for unpublished
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`applications is available through Private PAIR only. For more information about the PAIR
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`system, see http://pair-direct.uspto. gov. Should you have questions on access to the Private PAIR
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`system, contact the Electronic Business Center (EBC
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` unn
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`Primary Examiner
`Art Unit 3616
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` THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In re the Patent Application of
`
`Severinsky et al
`
`Examiner: David Dunn
`
`Serial No.: 10/382,577
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`: Group Art Unit: 3616
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`Filed:
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`March 7, 2003
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`: Att.Dkt.:PAICE201.DIV
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`For: Hybrid Vehicles
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`Hon. Commissioner for Patents
`P.O. Box 1450
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`Alexandria VA 22313-1450
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`AMENDMENT
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`Sir:
`
`In response to the Office Action mailed December 3,
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`2004, and setting a shortened statutory period for response
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`to expire on March 3, 2005, kindly amend the above-
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`identified Application as follows:
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`Amend the claims (claims 71 - 141 having been renumbered by
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`the Examiner as claims 82 - 142, respectively)
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`to appear as
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`follows:
`
`Claims 16 — 81 (canceled).
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`——82.
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`(Amended) A hybrid vehicle, comprising:
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`an internal combustion engine controllably coupled to
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`road wheels of said vehicle;
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`a first electric motor connected to said engine and
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`operable to start the engine responsive to a control
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`signal;
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`a second electric motor connected to road wheels of
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`said vehicle, and operable as a motor,
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`to apply torque to
`
`said wheels to propel said vehicle, and as a generator,
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`for
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`accepting torque from at least said wheels for generating
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`current;
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`a battery,
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`for providing current to said motors and
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`accepting charging current from at least said second motor;
`
`and
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`a controller for controlling the flow of electrical
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`and mechanical power between said engine, first and second
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`motors, and wheels,
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`wherein said controller starts and operates said
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`engine when torque produced by said engine te—pfepel—the
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`vehicle—ef—to propel the vehicle and/or to drive either one
`or both said electric motor(s)
`to charge said battery is at
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`least equal to a setpoint
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`(SP) above which said engine
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`torque is efficiently produced, and wherein the torque
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`produced by said engine when operated at said setpoint
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`(SP)
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`is substantially less than the maximum torgue output
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`(MTO)
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`of said engine.——
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`-—83.
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`(Amended) The vehicle of claim 8% fig, wherein
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`said controller monitors patterns of vehicle operation over
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`time and varies said setpoint SP accordingly.--
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`——84.
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`(Amended) The vehicle of claim 8-} §2_, wherein
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`said controller monitors the road load (RL) on the vehicle
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`RL over time, and controls transition between propulsion of
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`said vehicle by said motor(s)
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`to propulsion by said engine
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`responsive to RL reaching SP, such that said transition
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`occurs only when RL > SP for at least a predetermined time,
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`or when RL > SP2, wherein SP2 > SP.--
`
`—-85.
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`(Amended) The vehicle of claim 83 gg, wherein
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`said controller further controls transition from propulsion
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`of said vehicle by said engine to propulsion by said
`
`motor(s) such that said transition occurs only when RL < SP
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`for at least a predetermined time.--
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`—-86.
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`(Amended) The vehicle of claim 8% gg, wherein
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`said setpoint SP may be varied by said controller as a
`
`function of engine speed.--
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`--87.
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`(Amended) The vehicle of claim 8% gg, wherein
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`said setpoint SP is at least approximately 30% of the
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`maximum torque output of the engine when normally-aspirated
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`(MTO).--
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`——88.
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`(Amended) The vehicle of claim 8% fig, wherein
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`said vehicle is operated in a plurality of operating modes
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`responsive to the value for the road load (RL) and said
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`setpoint SP,
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`both expressed as percentages of the maximum
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`torque output of the engine when normally-aspirated (MTO),
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`and said operating modes include:
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`a low-load mode I, wherein said vehicle is propelled
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`by torque provided by said second electric motor in
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`response to energy supplied from said battery bank, while
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`RL < SP,
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`a highway cruising mode IV, wherein said vehicle is
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`propelled by torque provided by said internal combustion
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`engine, while SP < RL < MTO, and
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`an acceleration mode V, wherein
`said vehicle is
`propelled by torque provided by said internal combustion
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`engine and by torque provided by either or both electric
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`motor(s)
`
`in response to energy supplied from said battery
`
`bank, while RL > MTO.--
`
`——89.
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`(Amended) The vehicle of claim 84 §§, wherein
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`the combination of said engine and said first motor is
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`disengaged from said wheels during operation in mode I and
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`engaged during operation in modes IV and V.--
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`--90.
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`(Amended) The vehicle of claim 84 gg, wherein
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`said operating modes further include a low-speed battery
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`charging mode II, entered while RL < SP and the state of
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`charge of the battery bank is below a predetermined level,
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`and during which said vehicle is propelled by torque
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`provided by said second electric motor in response to
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`energy supplied from said battery bank, and wherein said
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`battery bank is simultaneously charged by supply of
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`electrical energy from said first electric motor, being
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`driven by torque in excess of SP by said internal
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`combustion engine,
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`the combination of said engine and said
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`first motor being disengaged from said wheels during
`
`operation in mode II.--
`
`——91.
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`(Amended) The vehicle of claim 84 gg, wherein
`
`the controller may control transition of the operating mode
`
`from operation in mode I directly to operation in mode V
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`where a rapid increase in the torque to be applied to the
`
`wheels of the vehicle as desired by the operator is
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`detected. --
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`-—92.
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`(Amended) The vehicle of claim 84 gg, further
`
`comprising a turbocharger operatively and controllably
`
`coupled to said internal combustion engine for being
`
`operated and thereby increasing the maximum torque output
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`of said internal combustion engine to more than MTO when
`
`desired, and wherein said controller controls selection of
`
`the operational mode of said vehicle between a low—load
`
`mode I, a cruising mode IV, an acceleration mode V,
`
`and a
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`sustained high-power turbocharged mode VI,
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`in response to
`
`monitoring the instantaneous torque requirements (RL) of
`
`the vehicle over time.--
`
`--93.
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`(Amended) The vehicle of claim 9+ 2;, wherein
`
`said controller controls said vehicle to operate in said
`
`modes as follows:
`
`in said low load mode I while RL < SP,
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`in said highway
`
`cruising mode IV while SP < RL < MTO,
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`in said acceleration
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`mode V while RL > MTO for less than a predetermined time T,
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`and in said sustained high—power turbocharged mode VI while
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`RL > MTO for more than a predetermined time T.—-
`
`--94.
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`(Amended) The vehicle of claim 92 2;, wherein
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`said time T is controlled responsive to the state of charge
`
`of the battery bank.--
`
`--95.
`
`(Amended) The vehicle of claim Bl gg, wherein
`
`the controller may accept operator input of a desired
`
`cruising speed, and thereafter controls the instantaneous
`
`torque output by said internal combustion engine and by
`
`either or both motor(s)
`
`in accordance with variation in RL
`
`so as to maintain vehicle speed substantially constant.--
`
`--96.
`
`(Amended)
`
`The vehicle of claim 8% gg, wherein
`
`regenerative charging of the battery bank is performed when
`
`the instantaneous torque output by the internal combustion
`
`engine > RL, when RL is negative, or when braking is
`
`initiated by the operator.—-
`
`--97.
`
`(Amended) The vehicle of claim 8% fig, wherein
`
`the total torque available at the road wheels from said
`
`internal combustion engine is no greater than the total
`
`torque available from said first and second electric motors
`
`combined.——
`
`——98.
`
`(Amended)
`
`The vehicle of claim 8% gg, wherein
`
`the engine and first electric motor are controllably
`
`coupled to a first set of road wheels of said vehicle and
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`said second electric motor is coupled to a second set of
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`road wheels of said vehicle.——
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`—-99.
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`(Amended)
`
`The vehicle of claim 8% gg, further
`
`comprising a variable-ratio transmission disposed between
`
`said engine and said motors and the wheels of said
`
`vehicle.--
`
`-—100.
`
`(Amended) The hybrid vehicle of claim 8} §g,
`
`wherein said engine is rotated before starting such that
`
`its cylinders are heated by compression of air therein.--
`
`——101.
`
`(Amended) The hybrid vehicle of claim 8% gg,
`
`wherein the rate of change of torque produced by said
`
`engine is limited, such that combustion of fuel within said
`
`engine can be controlled to occur substantially at the
`
`stoichiometric ratio, and wherein if said engine is
`
`incapable of supplying the instantaneous torque required,
`
`the additional torque required is supplied by either or
`
`both of said motor(s).--
`
`-—102.
`
`(Amended) The hybrid vehicle of claim 8% gg,
`
`wherein said engine is controllably coupled to road wheels
`
`of said vehicle by a clutch.-—
`
`--lO3.
`
`(Amended) The vehicle of claim 8% 2g, wherein
`
`said engine can be operated at torque output levels less
`
`than SP under abnormal and transient conditions,
`
`eTgeT——éa
`
`erdef—Ee—allew said conditions comprising
`
`starting and
`
`stopping of the engine er—te—previde and provision of
`
`torque to satisfy drivability or safety considerations.--
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`--104.
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`(Amended) A method of control of a hybrid
`
`vehicle, said vehicle comprising an internal combustion
`
`engine capable of efficiently producing torque at loads
`
`between a lower level SP and a maximum torque output MTO, a
`
`battery bank, and one or more electric motors being capable
`
`of providing output torque responsive to supplied current,
`
`and of generating electrical current responsive to applied
`
`torque, said engine being controllably connected to wheels
`
`of said vehicle for applying propulsive torque thereto and
`
`to said at least one motor for applying torque thereto,
`
`said method comprising the steps of:
`
`determining the instantaneous torque RL required to
`
`propel said vehicle responsive to an operator command;
`
`monitoring the state of charge of said battery bank;
`
`employing said at least one electric motor to propel
`
`said vehicle when the torque RL required to do so is less
`
`than said lower level SP;
`
`employing said engine to propel said vehicle when the
`
`torque RL required to do so is between said lower level SP
`
`and MTO;
`
`employing both said at least one electric motor and
`
`said engine to propel said vehicle when the torque RL
`
`required to do so is more than MTO; and
`
`employing said engine to propel said vehicle when the
`
`torque RL required to do so is less than said lower level
`
`SP and using the torque between RL and SP to drive said at
`
`least one electric motor to charge said battery when the
`
`state of charge of said battery bank indicates the
`
`desirability of doing so; and
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`wherein the torgge produced by said engine when
`
`operated at said setpoint
`
`(SP)
`
`is substantially less than
`
`the maximum torgue output
`
`(MTO) of said engine.--
`
`--105.
`
`(Amended) The method of claim +93 104,
`
`comprising the further step of employing said controller to
`
`monitor patterns of vehicle operation over time and vary
`
`said setpoint SP accordingly.--
`
`--106.
`
`(Amended) The method of claim is; $93,
`
`comprising the further step of employing said controller to
`
`monitor RL over time, and to control transition between
`
`propulsion of said vehicle by said motor(s)
`
`to propulsion
`
`by said engine such that said transition occurs only when
`
`RL > SP for at least a predetermined time, or when RL >
`
`SP2, wherein SP2 is a larger percentage of MTO than SP.—-
`
`--107.
`
`(Amended) The method of claim $93 195,
`
`comprising the further step of employing said controller to
`
`monitor RL over time, and to control transition between
`
`propulsion of said vehicle by said engine to propulsion by
`
`said motor(s) such that said transition occurs only when RL
`
`< SP for at least a predetermined time.--
`
`—-108.
`
`(Amended) The method of claim l93 £93,
`
`comprising the further step of operating said controller to
`
`accept operator input of a desired cruising speed, said
`
`controller thereafter controlling the instantaneous engine
`
`torque output and operation of said motor(s)
`
`to supply
`
`additional torque as needed in accordance with variation in
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`10
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`RL to maintain the speed of said vehicle substantially
`
`constant . ‘—
`
`-~109.
`
`(Amended) The method of claim i9; 104,
`
`wherein said vehicle is operated in a plurality of
`
`operating modes responsive to the values for the road load
`RL and said setpoint SP, said operating modes including:
`
`a low-load mode I, wherein said vehicle is propelled
`
`by torque provided by said second electric motor in
`
`response to energy supplied from said battery bank, while
`
`RL < SP,
`
`a highway cruising mode IV, wherein said vehicle is
`
`propelled by torque provided by said internal combustion
`
`engine, while SP < RL < MTO, and
`
`an acceleration mode V, wherein
`
`said vehicle is
`
`propelled by torque provided by said internal combustion
`
`engine and by torque provided by either or both electric
`
`motor(s)
`
`in response to energy supplied from said battery
`
`bank, while RL > MTO.--
`
`——110.
`
`(Amended) The method of claim IOS 109, wherein
`
`said setpoint SP is at least approximately 30% of MTO.--
`
`-—111.
`
`(Amended)
`
`The method of claim IGS 109,
`
`comprising the further step of decoupling said engine from
`
`said wheels during operation in mode I and coupling said
`
`engine to said wheels during operation in modes IV and V.-—
`
`——112.
`
`(Amended)
`
`The method of claim IGS 109,
`
`wherein said controller further controls said vehicle to
`
`operate in a low-load battery charging mode II, entered
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`11
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`while RL < SP and the state of charge of the battery bank
`
`is below a predetermined level, during which said vehicle
`
`is propelled by torque provided by said second motor in
`
`response to energy supplied from said battery bank, and
`
`wherein said battery bank is simultaneously charged by
`
`supply of electrical energy from said first motor being
`
`operated as a generator and being driven by torque at least
`
`equal
`
`to SP provided by said internal combustion engine,
`
`said engine being decoupled from said wheels during
`
`operation in mode II.--
`
`—-ll3.
`
`(Amended) The method of claim lGS 192,
`
`comprising the further step of operating said controller to
`
`monitor RL over time, and to control the operating mode to
`
`change from operation in mode I directly to operation in
`
`mode V where a rapid increase in the torque to be applied
`
`to the wheels as desired by the operator is detected.——
`
`-—114.
`
`(Amended) The method of claim see 192, wherein
`
`said hybrid vehicle further comprises a turbocharger being
`
`operatively and controllably coupled to said internal
`
`combustion engine for being operated and thereby increasing
`
`the maximum torque output of said internal combustion
`
`engine to more than MTO when desired, and wherein according
`
`to said method, said controller controls selection of the
`
`operational mode of said vehicle between a low-load mode I,
`
`a cruising mode IV, an acceleration mode V,
`
`and a
`
`sustained high-power turbocharged mode VI,
`
`in response to
`
`monitoring the instantaneous torque requirements (RL) of
`
`the vehicle over time.--
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`--115.
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`(Amended) The method of claim Ila iii! wherein
`
`said controller controls said vehicle to operate in said
`
`modes as follows:
`
`in said low load mode I while RL < SP, wherein SP is a
`
`setpoint expressed as a predetermined percentage of MTO,
`
`in
`
`said highway cruising mode IV while SP < RL < MTO,
`
`in said
`
`acceleration mode V while RL > MTO for less than a
`
`predetermined time T, and in said sustained high-power
`
`turbocharged mode VI while RL > MTO for more than a
`
`predetermined time T.--
`
`--1l6.
`
`(Amended) The method of claim +l4 115, wherein
`
`said time T is controlled responsive to the state of charge
`
`of the battery bank.--
`
`——117.
`
`(Amended) The method of claim is; £93,
`
`comprising the further step of performing regenerative
`
`charging of the battery bank when the engine's
`
`instantaneous torque output > RL, when RL is negative, or
`
`when braking is initiated by the operator.——
`
`--118.
`
`(Amended)
`
`The method of claim is; 195,
`
`wherein said hybrid vehicle further comprises a variable-
`
`ratio transmission disposed between said engine and said
`
`motors and the wheels of said vehicle, said transmission
`
`being operable responsive to a control signal
`
`from said
`
`controller.--
`
`--119.
`
`(Amended) The method of claim +93 104, wherein
`
`a clutch connects a first output shaft of or driven by said
`
`engine and/or first motor with a second output shaft of or
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`13
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`driven by said second motor connected to said wheels, and
`
`wherein the speeds of said engine and/or first motor and of
`
`said second motor are controlled such that when said clutch
`
`is engaged the speeds of the first and second output shafts
`
`are substantially equal, whereby said shafts may be
`
`connected by a non—slipping clutch.—
`
`——120.
`
`(Amended) The method of claim +93 193, wherein
`
`the rate of change of torque output by said engine is
`
`limited, such that combustion of fuel within said engine
`
`can be controlled to occur substantially at the
`
`stoichiometric ratio, and wherein if said engine is
`
`incapable of supplying the instantaneous torque required,
`
`the additional torque required is supplied by either or
`
`both of said motor(s).-—
`
`--121.
`
`(Amended) The method of claim l93 104, wherein
`
`said engine is rotated before starting such that its
`
`cylinders are heated by compression of air therein.——
`
`——122.
`
`(Amended) The method of claim is; 104, wherein
`
`said engine can be operated at torque output levels less
`
`than SP under abnormal and transient conditions, evgvT said
`
`conditions comprising ifi—efder—te—allew—starting and
`
`stopping of the engine ef—te—previde and provision of
`
`torque to satisfy drivability or safety considerations.--
`
`Claims 123 - 142 (Canceled).
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`l4
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`REMARKS
`
`Claims 82 — 122 (renumbered from claims 81 - 121 by
`
`the Examiner, prior to issue of the Office Action) have
`
`been further amended hereby,
`
`to correct dependency errors
`
`resulting from the claim renumbering, and to further and
`
`unobviously define the invention-claimed with respect to
`
`the prior art, as discussed further below. Claims 16 - 81
`
`and 123 - 142 have been canceled, of course without
`
`prejudice to their presentation in further application(s),
`
`in response to the Examiner's "undue multiplicity"
`
`rejection.
`
`The claims have also been amended in response
`
`to the Examiner's Sect. 112 objections.
`
`More specifically, with respect to the Sect. 112
`
`objections, "battery bank", where used, has been amended to
`
`"battery",
`
`for consistency.
`
`It was also noted that mode
`
`VI,
`
`in which a turbocharger is employed for sustained
`
`operation of the engine above MTO (its normally-aspirated
`
`maximum torque output) had been referred to inconsistently
`
`as a "turbocharged" and a "sustained high-power" mode; for
`
`consistency, both terms are now employed to characterize
`
`mode VI. See claims 92 and 93, and 114 and 115.
`
`Thus claims 82 and 104 are the only remaining
`
`independent claims.
`
`These have both been amended to recite
`
`that the engine is run when it is loaded (either by the
`
`vehicle's propulsion requirement,
`
`the battery charging
`
`load, or both)
`
`in excess of a setpoint SP, which is now
`
`defined to be "substantially less than the maximum torque
`
`output
`
`(MTO) of said engine".
`
`It is respectfully submitted
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`Page 21 of 32
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`15
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`that this recitation clearly and patentably distinguishes
`
`over the references relied upon.
`
`It is of course admitted that the language
`
`...
`
`substantially less than the maximum torque output of said
`
`engine" is not mathematically precise.
`
`It is respectfully
`
`submitted that some imprecision is permissible here in View
`
`of the fact that such minimum values are stated in the
`
`specification (see for example, page 68,
`
`line 29 of the
`
`application)
`
`to be typically at least 30% of MTO (though
`
`this figure is repeatedly stated to be exemplary only; see
`
`page 72,
`
`