Ex Parte Ramappan et al

Patent Trial and Appeal Board

Oct 24, 2017

13425723 (P.T.A.B. Oct. 24, 2017)

UNITED STATES PATENT AND TRADEMARK OFFICE
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450
Alexandria, Virginia 22313-1450
www.uspto.gov
APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO.
13/425,723 03/21/2012 Vijay Ramappan P019708-US-NP 9293
286 7590 10/24/2017
GENERAL MOTORS LLC
LEGAL STAFF
MAIL CODE 482-C23-B21
P O BOX 300
DETROIT, MI 48265-3000
EXAMINER
STAUBACH, CARL C
ART UNIT PAPER NUMBER
3747
MAIL DATE DELIVERY MODE
10/24/2017 PAPER
Please find below and/or attached an Office communication concerning this application or proceeding.
The time period for reply, if any, is set in the attached communication.
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
____________________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
____________________

Ex parte VIJAY RAMAPPAN,
DARRELL W. BURLEIGH, and MARTINO CASETTI1
__________________

Appeal 2016-004528
Application 13/425,723
Technology Center 3700
____________________

Before EDWARD A. BROWN, JAMES P. CALVE, and
GEORGE R. HOSKINS, Administrative Patent Judges.

CALVE, Administrative Patent Judge.

DECISION ON APPEAL

STATEMENT OF THE CASE
Appellants appeal under 35 U.S.C. § 134(a) from the Final Office
Action rejecting claims 1–20. Final Act. (Office Action Summary). We
have jurisdiction under 35 U.S.C. § 6(b).
We REVERSE.

1 Appellants identify GM Global Technology Operations LLC as the real
party in interest. Appeal Br. 3.
Appeal 2016-004528
Application 13/425,723

2
CLAIMED SUBJECT MATTER
Claims 1 and 11 are independent. Claim 1 is reproduced below.
1. An engine control system for a vehicle,
comprising:
a flowrate module that determines a mass flowrate of
exhaust gas recirculation (EGR) to an engine;
a first mass fraction calculating module that, based on the
mass flowrate of EGR, determines a first mass fraction of recirculated
exhaust gas of a first gas charge for a first combustion event of the
engine;
a second mass fraction calculating module that
determines a second mass fraction of recirculated exhaust gas of a
second gas charge for a second combustion event of the engine based
on an average of the first mass fraction and one or more other values
of the first mass fraction determined for other combustion events,
respectively; and
an actuator control module that selectively adjusts an
engine operating parameter based on the second mass fraction.

REJECTION
Claims 1–20 are rejected under 35 U.S.C. § 102(b) as anticipated by
Bowyer (US 2005/0131620 A1, pub. June 16, 2005).
ANALYSIS
The Examiner finds that Bowyers discloses an engine control system
and method as recited in independent claims 1 and 11 having a first mass
fraction calculating module that determines a first mass fraction of exhaust
gas recirculation (EGR) based on the EGR mass flowrate (citing paras. 69–
71, equations 1–12, Fig. 7) and a second mass fraction calculating module
that determines a second mass fraction of EGR based on the average of the
first mass fraction and one or more other values of the first mass fraction for
other combustion events (citing paras. 48, 89–97, equations 1–12, Fig. 7),
and actuator control module 302, 711. Final Act. 2–3.
Appeal 2016-004528
Application 13/425,723

3
Appellants argue that Bowyer calculates a mass flow rate of EGR as
MEGRMEAS and MEGR1 but does not calculate a mass fraction of EGR as
recited in claim 1 and 11. Appeal Br. 7–8; Reply Br. 2–3. Appellants argue
that Bowyer teaches a target EGR fraction of 10%, but Bowyer does not
disclose that the target EGR fraction of 10% is determined based on EGR
mass flowrate as claimed. Appeal Br. 8; Reply Br. 3. Appellants also argue
that Bowyer does not determine a second mass fraction of EGR based on an
average of the first mass fraction of EGR and other EGR first mass fraction
value(s) for other combustion events. Id. at 9. We agree.
The Examiner has not established by a preponderance of evidence that
Bowyer discloses first and second mass fraction calculation modules that
determine first and second mass fractions of EGR based on a mass flowrate
of EGR or the steps of determining these values recited in claims 1 and 11.
We appreciate that Bowyer discloses a target EGR fraction of 10% and
controller 201 tries to achieve an EGR fraction of 10%, but Bowyer selects
the EGR fraction set points based on engine characteristics and intended
applications and based on actual air fuel ratio (AFR) and EGR fraction (not
based on EGR mass flowrate). Bowyer ¶ 120. Furthermore, predictive
controller 602 determines the EGR mass flowrate needed to achieve a 10%
EGR fraction of inlet air 104. Id. ¶ 69.
We agree that Bowyer calculates EGR mass flow rate MEGRMEAS by
subtracting the mass air flowrate MAIRMEAS from the total mass flow rate
MINLETMEAS into inlet manifold 104. Id. ¶ 71; Ans. 6. We also appreciate
that EGR mass fraction in Appellants’ claims could be understood as a ratio
of the EGR mass flowrate to total flowrate MINLETMEAS; however, Bowyer
uses EGR mass fraction as a control target as the Examiner notes. Ans. 6.
Appeal 2016-004528
Application 13/425,723

4
Appellants disclose that first mass fraction calculating module 312
determines a steady state (SS) EGR fraction 316 for a next combustion event
based on SS EGR mass flowrate divided by the total mass flowrate (SS EGR
flowrate 308 and mass air flowrate MAF 320). Spec. ¶ 38. A first mass
fraction of EGR is thus determined based, in part, on EGR mass flowrate.
The Examiner has not explained where Bowyer calculates a first mass
fraction of EGR based on the EGR mass flow rate. Nor has the Examiner
explained sufficiently how Bowyer further calculates a second mass fraction
of EGR based on an average of the first mass fraction and other values of a
first mass fraction of EGR for other combustion events. Instead, the
Examiner cites Bowyer’s disclosure of equations for calculating mass flow
rates of inlet air (MAIRMEAS) and EGR gas (MEGRMEAS). Ans. 7. These
calculated values are used to determine the most optimal adjustment, if any,
of variable geometry turbocharger and EGR actuators 125, 133 when events
change a steady state of engine operation. Bowyers ¶¶ 68–71, Figs. 3, 5–7.
We also appreciate the Examiner’s finding that Bowyer buffers values
from previous timesteps. Id. ¶ 77; Ans. 7. However, Bowyer buffers mass
flowrates of air and EGR gas, not EGR mass fractions, as claimed. Bowyer
does not use mass flow rates to calculate an EGR mass fraction, as claimed,
nor does Bowyer average calculated first EGR mass fractions, as claimed.
To anticipate, every limitation of a claimed invention must be found
in a single prior art reference, arranged as in the claim. Karsten Mfg. Corp.
v. Cleveland Golf Co., 242 F.3d 1376, 1383 (Fed. Cir. 2001). There can be
no difference between the claimed invention and the reference disclosure.
Scripps Clinic & Research Found. v. Genentech, Inc., 927 F.2d 1565, 1576
(Fed. Cir. 1991).
Appeal 2016-004528
Application 13/425,723

5
The fact that Bowyer might be modified to calculate first and second
EGR fractions from EGR mass flowrates is immaterial to anticipation. See
Dell Inc. v. Acceleron, LLC, 818 F.3d 1293, 1299 (Fed. Cir. 2016). Bowyer
receives mass flowrates of EGR and air (MEGRMEAS and MAIRMEAS), but
instead of calculating a first or second EGR mass fraction, as claimed, these
values are passed to predictor 706, which uses a linear model of MAIR and
MEGR characteristics of diesel engine 100 and information about VGT and
EGR actuators 125, 133 to calculate predicted changes in MAIR and MEGR.
Bowyer ¶¶ 77, 78, 82, Figs. 6, 7.
Bowyer’s disclosure that an actual EGR mass fraction is typically less
than the 10% EGR mass fraction target (id. ¶ 120) is some evidence that an
EGR mass fraction is calculated. However, Bowyer does not disclose how
such an actual EGR mass fraction is determined. Nor does Bowyer calculate
a second mass fraction of EGR gas based on the first calculated EGR mass
fraction and one or more other values of the EGR first mass fraction, as
claimed. As discussed above, Bowyer instead buffers mass flowrates of air
and EGR and uses these values to predict changes in MAIR and MEGR. Id.
¶¶ 77, 82.
Thus, we do not sustain the rejection of independent claims 1 and 11,
or claims 2–10 and 12–20, which depend therefrom respectively.
DECISION
We reverse the rejection of claims 1–20.

REVERSED