VWGoA - Ex. 1010
`Volkswagen Group of America, Inc. - Petitioner
`
`1
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`
`Volkswagen Group of America, Inc. - Petitioner
`
`1
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`
`
`Amend the claims (claims 71 — 141 having been renumbered by
`
`the Examiner as claims 82 - 142, respectively)
`
`to appear as
`
`follows:
`
`Claims 16 — 81 (canceled).
`
`——82.
`
`(Amended) A hybrid vehicle, comprising:
`
`an internal combustion engine controllably coupled to
`
`road wheels of said vehicle;
`
`a first electric motor connected to said engine and
`
`operable to start the engine responsive to a control
`
`signal;
`
`a second electric motor connected to road wheels of
`
`said vehicle, and operable as a motor,
`
`to apply torque to
`
`said wheels to propel said vehicle, and as a generator,
`
`for
`
`accepting torque from at least said wheels for generating
`
`current;
`
`a battery,
`
`for providing current to said motors and
`
`accepting charging current
`
`from at least said second motor;
`
`and
`
`a controller for controlling the flow of electrical
`
`and mechanical power between said engine, first and second
`
`motors, and wheels,
`
`wherein said controller starts and operates said
`
`engine when torque produced by said engine te—prepel—the
`
`vehiele—e£—to propel the vehicle and/or to drive either one
`or both said electric motor(s)
`to charge said battery is at
`
`least equal
`
`to a setpoint
`
`(SP) above which said engine
`
`torque is efficiently produced, and wherein the torque
`
`produced by said engine when operated at said setpoint
`
`(SP)
`
`2
`
`
`
`
`is substantially less than the maximum torque output
`(MTO)
`
`of said engine.--
`
`--83.
`
`(Amended) The vehicle of claim 8} gg, wherein
`
`said controller monitors patterns of vehicle operation over
`
`time and varies said setpoint SP accordingly.--
`
`——84.
`
`(Amended) The vehicle of claim 8-} g, wherein
`
`said controller monitors the road load (RL) on the vehicle
`
`RL over time, and controls transition between propulsion of
`
`said vehicle by said motor(s)
`
`to propulsion by said engine
`
`responsive to RL reaching SP,
`
`such that said transition
`
`occurs only when RL > SP for at least a predetermined time,
`
`or when RL > SP2, wherein SP2 > SP.--
`
`--85.
`
`(Amended) The vehicle of claim 83 gg, wherein
`
`said controller further controls transition from 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.——
`
`—-86.
`
`(Amended) The vehicle of claim 8+ gg, wherein
`
`said setpoint SP may be varied by said controller as a
`
`function of engine speed.--
`
`--87.
`
`(Amended) The vehicle of claim 8% gg, wherein
`
`said setpoint SP is at least approximately 30% of the
`
`maximum torque output of the engine when normally-aspirated
`
`(MTO).--
`
`3
`
`
`
`——88.
`
`(Amended) The vehicle of claim 8% gg, wherein
`
`said vehicle is operated in a plurality of operating modes
`
`responsive to the value for the road load (RL) and said
`
`setpoint SP,
`
`both expressed as percentages of the maximum
`
`torque output of the engine when normally—aspirated (MTO),
`
`and said operating modes include:
`
`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 baak, 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.-—
`
`—-89.
`
`(Amended) The vehicle of claim 84 gg, wherein
`
`the combination of said engine and said first motor is
`
`disengaged from said wheels during operation in mode I and
`
`engaged during operation in modes IV and V.--
`
`-—90.
`
`(Amended) The vehicle of claim 84 gg, wherein
`
`said operating modes further include a low-speed battery
`
`charging mode II, entered while RL < SP and the state of
`
`charge of the battery bank is below a predetermined level,
`
`and during which said vehicle is propelled by torque
`
`provided by said second electric motor in response to
`
`energy supplied from said battery baak, and wherein said
`
`4
`
`
`
`battery bank is simultaneously charged by supply of
`
`electrical energy from said first electric motor, being
`
`driven by torque in excess of SP by said internal
`
`combustion engine,
`
`the combination of said engine and said
`
`first motor being disengaged from said wheels during
`
`operation in mode II.——
`
`—-91.
`
`(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
`
`where a rapid increase in the torque to be applied to the
`
`wheels of the vehicle as desired by the operator is
`
`detected. --
`
`--92.
`
`(Amended) The vehicle of claim 84 §§,
`
`further
`
`comprising a turbocharger 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 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.-—
`
`--93.
`
`(Amended) The vehicle of claim 9% 22, wherein
`
`said controller controls said vehicle to operate in said
`
`modes as follows:
`
`in said low load mode I while RL < SP,
`
`in said highway
`
`cruising mode IV while SP < RL < MTO,
`
`in said acceleration
`
`5
`
`
`
`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.—-
`
`-—94.
`
`(Amended) The vehicle of claim 92 2;, wherein
`
`said time T is controlled responsive to the state of charge
`
`of the battery bank.--
`
`--95.
`
`(Amended) The vehicle of claim 8% 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% gg, 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
`
`6
`
`
`
`said second electric motor is coupled to a second set of
`
`road wheels of said vehicle.-—
`
`——99.
`
`(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% gg,
`
`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% §g,
`
`wherein said engine is controllably coupled to road wheels
`
`of said vehicle by a clutch.--
`
`--103.
`
`(Amended) The vehicle of claim 8% gg, wherein
`
`said engine can be operated at torque output levels less
`
`than SP under abnormal and transient conditions,
`
`eTg%T——%a
`
`erder—te—a%%ew said conditions comprising
`
`starting and
`
`stopping of the engine er—te—pfev%de and provision of
`
`torque to satisfy drivability or safety considerations.--
`
`7
`
`
`
`--104.
`
`(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
`
`8
`
`
`
`wherein the torque produced by said engine when
`
`operated at said setpoint
`
`(SP)
`
`is substantially less than
`
`the maximum torque output
`
`(MTO) of said engine.——
`
`--105.
`
`(Amended) The method of claim l93 104,
`
`comprising the further step of employing said controller to
`
`monitor patterns of vehicle operation over time and vary
`
`said setpoint SP accordingly.——
`
`-—lO6.
`
`(Amended) The method of claim is; 193,
`
`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 +93 193,
`
`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 193,
`
`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
`
`9
`
`
`
`10
`
`RL to maintain the speed of said vehicle substantially
`
`constant.——
`
`-—lO9.
`
`(Amended) The method of claim $93 104,
`
`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 I98 109, wherein
`
`said setpoint SP is at least approximately 30% of MTO.—-
`
`--111.
`
`(Amended)
`
`The method of claim I98 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 I98 109,
`
`wherein said controller further controls said vehicle to
`
`operate in a low—load battery charging mode II, entered
`
`10
`
`10
`
`10
`
`
`
`11
`
`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.——
`
`--113.
`
`(Amended) The method of claim I98 I22,
`
`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.--
`
`——l14.
`
`(Amended) The method of claim I98 I92, 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.—-
`
`11
`
`11
`
`11
`
`
`
`12
`
`—-115.
`
`(Amended) The method of claim lla llg, 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.--
`
`-—ll6.
`
`(Amended) The method of claim ll4 ll5, wherein
`
`said time T is controlled responsive to the state of charge
`
`of the battery baak.--
`
`——ll7.
`
`(Amended) The method of claim l93 lgg,
`
`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.——
`
`——ll8.
`
`(Amended)
`
`The method of claim l93 lgg,
`
`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.-—
`
`--l19.
`
`(Amended) The method of claim l93
`
`4, 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
`
`12
`
`12
`
`12
`
`
`
`13
`
`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.-
`
`--l20.
`
`(Amended) The method of claim %93 £93, 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).--
`
`--l2l.
`
`(Amended) The method of claim %93 104, wherein
`
`said engine is rotated before starting such that its
`
`cylinders are heated by compression of air therein.--
`
`——l22.
`
`(Amended) The method of claim %93 lgg, wherein
`
`said engine can be operated at torque output levels less
`
`than SP under abnormal and transient conditions, e7g77-said
`
`conditions comprising ifi—erder—te—allew—starting and
`
`stopping of the engine er—te—previée and provision of
`
`torque to satisfy drivability or safety considerations.--
`
`Claims 123 - 142 (Canceled).
`
`13
`
`13
`
`13
`
`
`
`14
`
`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
`
`14
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`14
`
`14
`
`
`
`15
`
`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,
`
`lines 6 - 10) and normally not
`
`in excess of 50% of
`
`MTO (see page 72,
`
`line 9). Note also that "MTO" as used
`
`herein refers to the engine's maximum torque output
`
`(in
`
`normally-aspirated mode, when a turbocharger is also
`
`provided) at or near its rated top RPM.
`
`It is also within
`
`the scope of the invention to employ the engine efficiently
`
`by loading it at a lower RPM;
`
`the specification at page 88,
`
`lines 6 - 10 gives the example of sizing the generator to
`
`load the engine to 70% of its maximum output at 1200 — 1500
`
`RPM.
`
`Given these examples it is respectfully submitted
`
`that this language is adequately definite to define the
`
`invention and to satisfy 35 USC Sect. 112.
`
`It is respectfully submitted that this language is
`
`also sufficient to distinguish over Frank patent 6,054,844,
`
`which the Examiner relied upon in rejecting claims 82, 88 —
`
`90, 95, 96, 99, 100, 102 and 103 under 35 USC Sect. 102,
`
`and claims 101 and 123 under Sect. 103. Frank clearly
`
`intends operation of the engine thereof near MTO at all
`
`times. More specifically, Frank states at col. 12,
`
`lines 20
`
`15
`
`15
`
`15
`
`
`
`16
`
`— 24 that it is an object of his invention to "always
`
`operate [the engine] at wide open throttle or along the
`
`best efficiency (ideal speed/torque) operating line..."
`
`Frank thus teaches specifically away from operating the
`
`engine when loaded to above a setpoint which is
`
`substantially less than MTO, as claimed.
`
`It is acknowledged that Frank goes on to say that the
`
`engine could be operated "in accordance with any other
`
`desired operating characteristics" (lines 25 - 26). This
`
`is literally broad enough to include applicants‘ operation
`
`above a setpoint, of course. However, Frank's broad
`
`statement again fails to teach the invention as claimed.
`
`Furthermore, Frank does not teach operating the engine
`
`when it is loaded to a given degree, as claimed, but solely
`
`in response to the operator's pressing of one or other of
`
`the accelerator and brake pedals.
`
`See Fig. 8, and the
`
`discussion thereof at cols.
`
`8 — 11.
`
`The Examiner appears
`
`to agree on this point, since claims 87 and 110, specifying
`
`that the setpoint SP is 30% of MTO, were indicated to
`
`contain allowable subject matter.
`
`That indication is
`
`gratefully acknowledged. However, especially in view of the
`
`statements made throughout
`
`the specification that this
`
`figure is somewhat arbitrary, it is respectfully submitted
`
`that to thus limit the independent claims would be unduly
`
`limiting of the applicants‘ invention, and that claims 82
`
`and 104 as amended above correctly define the invention.
`
`The Mayrhoefer et al paper was relied upon by the
`
`Examiner in rejecting claims 82, 88 — 90, 96, 104, 108,
`
`109, and 117 under 35 USC 102, and claims 101 and 120 under
`
`16
`
`16
`
`16
`
`
`
`17
`
`Sect.
`
`103.
`
`The amendments made above to independent
`
`claims 82 and 104 distinguish over Mayrhoefer in the same
`
`manner in which they distinguish over Frank, as above.
`
`Specifically, Mayrhoefer shows a hybrid vehicle that is
`
`intended to be operated as an electric car in low-emission
`
`(urban and environmentally sensitive) areas, so that the IC
`
`engine is to be started, presumably responsive to a signal
`
`from the operator, when the vehicle leaves such an area.
`
`The engine's operation "is intended to be steady-state"
`
`(page 189) and a planetary gearbox is provided to operate
`
`as a continuously-variable transmission (page 191).
`
`Thus
`
`Mayrhoefer clearly fails to disclose or suggest a vehicle
`
`in which the engine is operated when loaded by the
`
`combination of propulsive and battery-charging loads,
`
`to at
`
`least a setpoint SP which is substantially less than MTO,
`
`as claimed.
`
`A Second Supplemental Information Disclosure Statement
`
`is being filed herewith, making of record a number of new
`
`references that have come to applicants‘ attention as a
`
`result of prosecution of corresponding foreign applications
`
`and further searching, and the Examiner is respectfully
`
`requested to consider these new references and to indicate
`
`in the file of the application that he has done so.
`
`17
`
`17
`
`17
`
`
`
`18
`
`It is thus respectfully submitted that the claims as
`
`amended distinguish over the references cited, and a Notice
`
`of Allowance is therefore earnestly solicited.
`
`Respectfully submitted,
`
`
`
` Michael d Angeli
`Reg. No. 27,869
`60 Intrepid Lane
`Jamestown, RI 02835
`401-423-3190
`
`Dated: Z/,7/pf
`
`18
`
`18
`
`18
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