Office Action 3: Notice of Allowance (2025-05-16)

CLAIMS:
AMENDMENTS TO THE CLAIMS

LISTING OF CLAIMS

1\. (Currently Amended) A computer-implemented method that, when executed by data processing hardware of a motor vehicle including a turbocharger having a turbine, causes the data processing hardware to perform operations comprising:receiving an accelerator pedal position input indicating that a vehicle accelerator pedal has moved to an overrun position;
receiving a plurality of vehicle performance parameter inputs each corresponding to a measured vehicle performance parameter, the plurality of vehicle performance parameter inputs including accelerator pedal position, accelerator pedal position rate of change, accelerator pedal position accumulation, brake pedal position, braking force, vehicle lateral force, vehicle longitudinal force, driver selected vehicle mode, engine speed, vehicle speed, and transmission gear selection;
calculating a vehicle dynamic score based on the plurality of vehicle performance parameter inputs;
determining a target boost profile based on the calculated vehicle dynamic score; and
instructing one or more outputs of the vehicle to transition to a dynamic mode to generate an increased turbine power based on the target boost profile.

2\. (Original) The method of Claim 1, further comprising:determining that the vehicle is in a dynamic state when the calculated vehicle dynamic score exceeds a threshold vehicle dynamic score; and
when the vehicle is in the dynamic state, instructing the one or more outputs of the vehicle to transition to the dynamic mode to generate the increased turbine power.

3\. (Previously Presented) The method of Claim 1, wherein the plurality of vehicle performance parameter inputs includes a vehicle acceleration input.

4\. (Original) The method of Claim 1, wherein determining that the vehicle is in a dynamic state includes determining that the vehicle is the dynamic state while the accelerator pedal is in the overrun position.

5\. (Original) The method of Claim 1, wherein the one or more outputs of the vehicle include an air intake rate, a fuel intake rate, a wastegate actuator output, and a camshaft phaser output.

6\. (Original) The method of Claim 1, wherein the operation of instructing one or more outputs of the vehicle to transition to a dynamic mode occurs while the accelerator pedal is in the overrun position.

7\. (Cancelled).

8\. (Cancelled)

9\. (Currently Amended) A system comprising:data processing hardware; and
memory hardware in communication with the data processing hardware, the memory hardware storing instructions that when executed on the data processing hardware cause the data processing hardware to perform operations comprising:
receiving an accelerator pedal position input indicating that a vehicle accelerator pedal has moved to an overrun position;
receiving a plurality of vehicle performance parameter inputs each corresponding to a measured vehicle performance parameter, the plurality of vehicle performance parameter inputs including accelerator pedal position, accelerator pedal position rate of change, accelerator pedal position accumulation, brake pedal position, braking force, vehicle lateral force, vehicle longitudinal force, driver selected vehicle mode, engine speed, vehicle speed, and transmission gear selection;
calculating a vehicle dynamic score based on the plurality of vehicle performance parameter inputs;

determining a target boost profile based on the calculated vehicle dynamic score exceeds a threshold vehicle dynamic score; and
instructing one or more outputs of the vehicle to transition to a dynamic mode to generate an increased turbine power based on the target boost profile.

10\. (Original) The system of Claim 9, further comprising:determining that the vehicle is in a dynamic state when the calculated vehicle dynamic score exceeds a threshold vehicle dynamic score; and
when the vehicle is in the dynamic state, instructing the one or more outputs of the vehicle to transition to the dynamic mode to generate the increased turbine power.

11\. (Previously Presented) The system of Claim 9, wherein the plurality of vehicle performance parameter inputs includes a vehicle acceleration input.

12\. (Original) The system of Claim 9, wherein determining that the vehicle is in a dynamic state includes determining that the vehicle is the dynamic state while the accelerator pedal is in the overrun position.

13\. (Original) The system of Claim 9, wherein the one or more outputs of the vehicle include an engine air intake rate, a fuel intake rate, a wastegate position output, and a camshaft phase output.

14\. (Original) The system of Claim 9, wherein the operation of instructing one or more outputs of the vehicle to transition to a dynamic mode occurs while the accelerator pedal is in the overrun position.

15\. (Cancelled)

16\. (Cancelled)

17\. (Currently Amended) A motor vehicle comprising:a sensor system including a plurality of sensors;

an actuator system including a plurality of actuators associated with a turbocharger;
data processing hardware sensor system and the actuator system; and
memory hardware in communication with the data processing hardware, the memory hardware storing instructions that when executed on the data processing hardware cause the data processing hardware to perform operations comprising:receiving an accelerator pedal position input indicating that a vehicle accelerator pedal has moved to an overrun position;
receiving a plurality of vehicle performance parameter inputs each corresponding to a measured vehicle performance parameter, the plurality of vehicle performance parameter inputs including accelerator pedal position, accelerator pedal position rate of change, accelerator pedal position accumulation, brake pedal position, braking force, vehicle lateral force, vehicle longitudinal force, driver selected vehicle mode, engine speed, vehicle speed, and transmission gear selection;
calculating a vehicle dynamic score based on the plurality of vehicle performance parameter inputs;
determining a target boost profile based on the calculated vehicle dynamic score;
and instructing one or more outputs of the vehicle to transition to a dynamic mode to generate an increased turbine power based on the target boost profile.

18\. (Original) The motor vehicle of Claim 17, further comprising:determining that the vehicle is in a dynamic state when the calculated vehicle dynamic score exceeds a threshold vehicle dynamic score; and
when the vehicle is in the dynamic state, instructing the one or more outputs of the vehicle to transition to the dynamic mode to generate the increased turbine power.

19\. (Cancelled)

20\. (Original) The motor vehicle of Claim 17, wherein determining that the vehicle is in a dynamic state includes determining that the vehicle is the dynamic state while the accelerator pedal is in the overrun position.

21\. (Cancelled)

OFFICE ACTION:
DETAILED ACTION
Notice of Pre-AIA  or AIA  Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Allowable Subject Matter
Claims 1-6, 9-14, 17, 18, 20 are allowed.
The following is an examiner’s statement of reasons for allowance: the claims require certain inputs be considered when creating a target boost for boosting an engine all of these inputs together cannot be said to be found being considered for creating this value in a single prior art reference and so this is a novel combination over the prior art.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee.  Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”

APPLICANT REBUTTAL: REMARKSApplicant's representative would like to thank Examiner Laguarda for the courtesies extended during an interview conducted on March 27, 2025. During the interview, Applicant's representative and the Examiner discussed the interpretation of the step of calculating a vehicle dynamic score based on the plurality of vehicle parameter inputs, as provided in independent Claims 1, 9, and 17. No agreements were reached with respect to patentability. Applicant's representative and the Examiner further discussed the previous amendments to Claims 8 and 16 to recite that the vehicle performance parameter inputs include "a plurality of' instead of "one or more" of the claimed inputs. The Examiner acknowledged that the amendment was not considered in the Office Action and requires further review. Furthermore, no exhibits were shown or demonstrations conducted.Claims 1-6, 9-14, and 17-18 are now pending in the application. By this paper, Claims 1, 9, and 17 are amended, and Claims 8, 16, and 21 are cancelled without prejudice or disclaimer of the subject matter contained therein. The basis for the foregoing amendments can be found throughout the specification, claims, and drawings originally filed. No new matter has been added.The preceding amendments and the following remarks are believed to be fully responsive to the outstanding Office Action and are believed to place the application in condition for allowance.The Examiner is respectfully requested to reconsider and withdraw the rejections in view of the amendments and remarks contained herein.Rejections Under 35 U.S.C. §103 Claims 1-6, 8-14, and 16-21 stand rejected under 35 U.S.C. §103 as being unpatentable over Buckland (U.S. Patent No. 10,895,197) in view of Shamoto (U.S. Publication No.2010/0250042). These rejections are respectfully traversed.Dependent Claims 8 and 16 Initially, and as discussed in the interview on March 27, 2025, Applicant notes that the rejections of Claims 8 and 16 are based on the originally-filed claims and do not consider the amendments presented in Applicant's response filed on November 26, 2024, wherein Applicant amended each of Claims 8 and 16 to specify that "the one or more plurality of vehicle performance parameter inputs further includes brake pedal position, braking force, vehicle lateral force, vehicle longitudinal force, driver selected vehicle mode, engine speed, vehicle speed, and transmission gear selection. Accordingly, Applicant respectfully requests further examination of Claims 8 and 16 based on the amendments submitted in the response filed on November 26, 2024 In the interest of advancing prosecution, Applicant has amended each of independent Claims 1 and 9 to incorporate the elements of dependent Claims 8 and 16. Applicant respectfully submits that the amendments do not change the overall scope of the claim set from that presented in the response filed on November 26, 2024, and that the current amendments are merely intended to place the claims in condition for allowance.Independent Claims 1, 9, and 17 Applicant respectfully submits that the cited art of record, either alone or in combination, fails to teach, suggest, or disclose a method including the operations of receiving a plurality of vehicle performance parameter inputs each corresponding to a measured vehicle performance parameter, the plurality of vehicle performance parameter inputs including accelerator pedal position, accelerator pedal position rate of change, accelerator pedal position accumulation, brake pedal position, braking force, vehicle lateral force, vehicle longitudinal force, driver selected vehicle mode, engine speed, vehicle speed, and transmission gear selection, and calculating a vehicle dynamic score based on the plurality of vehicle performance parameter inputs.Buckland generally relates to a method and system for improving surge control in a boosted engine system. See Buckland at the abstract. As relied upon in the Office Action, Figure 2 of Buckland discloses steps for estimating an engine operating condition (202) and determining an initial wastegate position, CCRV position, and electric assist motor power based on the estimated engine conditions (204). See Buckland at Column 11, Lines 34-42, and Figure 2. The method then determines if there is a tip-in event (206) or a tip out event (208) based on operator torque demand and/or accelerator pedal depression. See Buckland at Column 12, Lines 19-30 and Figure 2. The method further includes determining whether there is an indication of a surge (210, 214) in connection with the tip-in event (206) or the tip-out event (206), and when there is an indication of a surge, adjusting the opening of the CCRV and the wastegate (212, 218) and adjusting output of the electric motor (218). If there is no indication of a surge, the wastegate is moved to a scheduled position, and the CCRV and electric assist motor torque are coordinated to deliver desired boost pressure (216). See Buckland at Column 13, Lines 59-61 and Figure 2.t~s~is .................   . ....  .....
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Tr  bsed y.................. <.........t...... I..y.....FI.opening (Acc) and brake pedal position (BP). See Shamoto at Paragraph [0065]. The Office Action also cites generally to Paragraph [0038] of Shamoto, which discloses that a power distribution/integration mechanism (30) includes a sun gear (31), a ring gear (32), a plurality of pinion gears (34), a carrier (34), and a gear mechanism (60). As noted in the Office Action, Shamoto further discloses that an engine ECU (24) calculates engine speed (Ne) and vehicle speed (V). See Shamoto at Paragraphs [0037] and [0041].Applicant submits that the cited art of record is silent with respect to method of controlling a turbine of a motor vehicle that includes (i) receiving a plurality of vehicle performance parameter inputs including accelerator pedal position, accelerator pedal position rate of change, and accelerator pedal position accumulation, brake pedal position, braking force, vehicle lateral force, vehicle longitudinal force, driver selected vehicle mode, engine speed, vehicle speed, and transmission gear selection, and (ii) calculating a vehicle dynamic score based on the plurality of vehicle performance parameter inputs.Initially, Applicant submits that Buckland and Shamoto fail to contemplate receiving at least some of the plurality of vehicle performance parameter inputs recited in the claims. For example, the Office Action cites to Paragraph [0065] of Shamoto as disclosing the step of receiving vehicle lateral force and vehicle longitudinal force. However, as noted above and in the Office Action, Paragraph [0065] only relates to generating requests for torque. While requesting torque may cause a change in vehicle forces, Shamoto does not contemplate measuring or communicating such forces, let alone using such forces to calculate a vehicle dynamic score. Vehicle lateral force and vehicle longitudinal force are only contemplated in the Office Action as theoretical results of the requested torque.Applicant further submits that Shamoto does not contemplate receiving or using a driver selected gear mode or a transmission gear selection. The Office Action cites to Paragraph [0038] of Shamoto as disclosing a transmission gear selection. However, Paragraph [0038] appears to disclose physical gears (e.g., ring gear, sun gear, pinion gears) of a distribution mechanism instead of a gear selection.Based on the foregoing, Applicant respectfully submits that independent Claim 1, 9, and 17, as well as claims depending therefrom, are in condition for allowance. Reconsideration and withdrawal of the rejections are respectfully requested.CONCLUSIONApplicant believes this communication is fully responsive to the final Office Action mailed February 14, 2025. In the event that the Examiner does not find that the claims are in condition for allowance, Applicant requests that the Examiner contact the undersigned to discuss the merits of the case.It is believed that no additional fees are required for filing this response. However, if there are any additional charges or credits associated with this filing, please apply them to Deposit Account No. 07-0960, and reference Attorney Docket No.: P105434-PRI-NP-US01 from which the undersigned is authorized to draw.Dated: April 11, 2025