Office Action 1: Non-Final Rejection (2024-12-19)
Rejection types: 102 - Lack of Novelty, 112 - Written Description/Enablement

CLAIMS:
Claims What is claimed is:
1\. An exhaust system for an internal combustion engine, said exhaust system comprising an exhaust conduit adapted to fluidly connect said internal combustion engine to a turbine of a turbo, said exhaust system further comprising a valve comprising a valve flap located in said exhaust conduit in a position between said internal combustion engine and said turbine, as seen in a direction of flow from said internal combustion engine to said turbine, when said exhaust conduit fluidly connects said internal combustion engine to said turbine, said valve flap being pivotally connected to at least a portion of said exhaust conduit, said exhaust system further comprising an actuator adapted to impart a load on at least a portion of said valve to thereby control a pivotal position of said valve flap in said exhaust conduit to thereby control a gas flow via said exhaust conduit, said exhaust system further comprising an actuator load sensor adapted to detect load information indicative of a magnitude of the load that the actuator currently imparts on at least said portion of said valve.
2\. The exhaust system of claim 1, wherein said valve comprises a valve lever located at least partially outside said exhaust conduit, said actuator being adapted to impart a load on at least a portion of said valve lever to thereby control said position of said valve flap in said exhaust conduit.
3\. The exhaust system of claim 1, wherein said valve flap is rigidly connected to said valve lever, wherein said valve flap and said valve lever form a unitary component.
4\. The exhaust system of claim 1, wherein said actuator is a linear actuator.
5\. The exhaust system of claim 1, wherein said actuator is a fluid power actuator and said actuator load sensor is adapted to detect a fluid pressure value indicative of a fluid pressure of the fluid powering said actuator, alternatively wherein said actuator is an electric actuator and said actuator load sensor is adapted to detect an electric power value indicative of an electric power fed to said electric actuator.
6\. The exhaust system of claim 1, wherein said valve flap is pivotally connected to said exhaust conduit around a pivot axle that is located at least partially in or outside a side wall delimiting said exhaust conduit.
7\. The exhaust system of claim 1, wherein said exhaust system further comprises a control system adapted to receive load information from said actuator load sensor and to issue control information to said actuator in response to said load information.
8\. The exhaust system of claim 7, wherein said control system is adapted to determine a counterpressure value, indicative of a current exhaust gas counterpressure in said exhaust conduit, upstream of said valve flap, as seen in a direction of flow from said internal combustion engine to said turbine, on the basis of said load information.
9\. The exhaust system of claim 8, wherein said control system is adapted to receive information indicative of a rotational speed of a compressor of said turbo as well as information about a current charge air pressure downstream said compressor, said control system being adapted to determine an actual air mass flow downstream said compressor on the basis of said counterpressure value, said information about said current charge air pressure downstream said compressor and said information indicative of said rotational speed of said compressor.
10\. An internal combustion engine system comprising an internal combustion engine, a turbo, which in turn comprises a turbine, and an exhaust system of claim 1.
11\. The internal combustion engine system of claim 10, wherein said turbo comprises a compressor and wherein said internal combustion engine system comprises an inlet conduit adapted to fluidly connect said compressor to said internal combustion engine.
12\. The internal combustion engine system of claim 11, when dependent on claim 9, further comprising an intake throttle valve adapted to control an air mass flow via said inlet conduit, said control system being adapted to control said intake throttle valve in response to a target air mass flow and said actual air mass flow.
13\. A vehicle comprising an exhaust system of claim 1 and/or an internal combustion engine system according to claim 10.13. A vehicle comprising an exhaust system of claim 1 and/or an internal combustion engine system according to claim 10.
14\. A method for controlling an internal combustion engine system comprising an internal combustion engine, a turbo, which in turn comprises a turbine, and an exhaust system, said exhaust system comprising an exhaust conduit adapted to fluidly connect said internal combustion engine to the turbine of the turbo, said exhaust system further comprising a valve comprising a valve flap located in said exhaust conduit in a position between said internal combustion engine and said turbine, as seen in a direction of flow from said internal combustion engine to said turbine, said valve flap being pivotally connected to at least a portion of said exhaust conduit, said exhaust system further comprising an actuator adapted to impart a load on at least a portion of said valve to thereby control a pivotal position of said valve flap in said exhaust conduit to thereby control a gas flow via said exhaust conduit, said exhaust system further comprising an actuator load sensor adapted to detect load information indicative of a magnitude of the load that the actuator currently imparts on at least said portion of said valve, said method comprising:
15\. The method of claim 14, further comprising determining a counterpressure value, indicative of a current exhaust gas counterpressure in said exhaust conduit, upstream of said valve flap, as seen in a direction of flow from said internal combustion engine to said turbine, on the basis of said load information, wherein said turbo comprises a compressor and wherein the method further comprises determining information indicative of a rotational speed of a compressor of said turbo as well as information about a current charge air pressure downstream said compressor, said method further comprising determining an actual air mass flow downstream said compressor on the basis of said counterpressure value, said information about said current charge air pressure downstream said compressor and said information indicative of said rotational speed of said compressor, said internal combustion engine system comprises an inlet conduit adapted to fluidly connect said compressor to said internal combustion engine, said internal combustion engine system further comprising an intake throttle valve adapted to control an air mass flow via said inlet conduit, said method comprising controlling said intake throttle valve in response to a target air mass flow and said actual air mass flow.

OFFICE 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 .
Priority
Acknowledgment is made of applicants’ claim for foreign priority based on an application filed in EP on 08-15-2023. It is noted, however, that applicants have not filed a certified copy of the EP-231914797 application as required by 37 CFR 1.55.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b)  CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
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.
Claims 3, 12 and 13  rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA  35 U.S.C. 112, the applicant), regards as the invention.
Claim 3 recites the limitation said valve lever in lines 1-2.  There is insufficient antecedent basis for this limitation in the claim.
The claims 12 and 13 are vague and indefinite because the claims multiple dependencies are in improper form.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA  35 U.S.C. 102 and 103 (or as subject to pre-AIA  35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA  to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 3-7 and 10-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP-326268.
Regarding claim 1, JP-326268 discloses an exhaust system for an internal combustion engine, said exhaust system comprising an exhaust conduit (26) adapted to fluidly connect said internal combustion engine to a turbine (12) of a turbo, said exhaust system further comprising a valve comprising a valve flap (34a, 34b) located in
said exhaust conduit (26) in a position between said internal combustion engine (not shown) and said turbine (12), as seen in a direction of flow from said internal combustion engine to said turbine, when said exhaust conduit (26) fluidly connects said internal combustion engine to said turbine (12), said valve flap (34a, 34b) being pivotally (40a, 40b) connected to at least a portion of said exhaust conduit, said exhaust
system further comprising an actuator  (50) adapted to impart a load (control mechanism C) on at least a portion of said valve to thereby control a pivotal position of said valve flap (34a) in said exhaust conduit to thereby control a gas flow via said exhaust conduit (26), said exhaust system further comprising an actuator load sensor (53) adapted to detect load information indicative of a magnitude of the load that the actuator currently imparts on at least said portion of said valve (the pressure source  51 is based on the exhaust air pressure 53).
Regarding claim 3, wherein said valve flap (34a, 34b) is rigidly connected to said valve lever (see figure 1), wherein said valve flap (34a, 34b) and said valve lever form a unitary component.
Regarding claim 4, wherein said actuator (50) is a linear actuator.
Regarding claim 5, wherein said actuator (50) is a fluid power actuator and said actuator load sensor (53) is adapted to detect a fluid pressure value indicative of a fluid pressure of the fluid powering said actuator, alternatively wherein said actuator is an electric actuator and said actuator load sensor is adapted to detect an electric power value indicative of an electric
power fed to said electric actuator.
Regarding claim 6, wherein said valve flap (34a, 34b) is pivotally connected to said exhaust conduit (26) around a pivot axle (40a, 40b) that is located at least partially in or outside a side wall delimiting said exhaust conduit (26).
Regarding claim 7, wherein said exhaust system further comprises a control system (52) adapted to receive load information from said actuator load sensor (53) and to issue control information (C) to said actuator (50) in response to said load information.
Regarding claim 10, JP-326268 discloses an internal combustion engine system comprising an internal combustion engine, a turbo (10), which in turn comprises a turbine (12), and an exhaust system (26) of claim 1.
Regarding claim 11, wherein said turbo (10) comprises a compressor (14) and wherein said internal combustion engine system comprises an inlet conduit adapted to fluidly connect said compressor (14) to said internal combustion engine.
Regarding claim 12,  further comprising an intake throttle valve  (not shown) adapted to control an air mass flow via said inlet conduit, said control system (52) being adapted to control said intake throttle valve in response to a target air mass flow and said actual air mass flow.
Regarding claim 13, JP-326268 discloses a vehicle comprising an exhaust system (26) of claim 1 and/or an internal combustion engine system according to claim 10.
Regarding claim 14, JP-326268 discloses a method for controlling an internal combustion engine system comprising an internal  combustion engine, a turbo (10), which in turn comprises a turbine (12), and an exhaust system, said
exhaust system comprising an exhaust conduit (26) adapted to fluidly connect said internal combustion engine to the turbine (12) of the turbo, said exhaust system further comprising a valve comprising a valve flap (34a, 34b) located in said exhaust conduit in a position between said internal combustion engine and said turbine (12), as seen in a direction of flow from said internal combustion engine to said turbine, said valve flap (34a, 34b)  being pivotally (40a, 40b) connected to at least a portion of said exhaust conduit, said exhaust system further comprising an actuator (50) adapted to impart a load on at least a portion of said valve to thereby control a pivotal position of said valve flap in said exhaust conduit (26) to thereby control a gas flow via said exhaust conduit, said exhaust system further comprising an actuator load sensor (53) adapted to detect load information indicative of a magnitude of the load that the actuator currently imparts on at least said portion of said valve, said method comprising:
---detecting said load information (53), and
— controlling said actuator (50) in response to said load information.
Allowable Subject Matter
Claims 2, 8-9 and 15 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The cited reference disclose an exhaust valve positioned upstream of a turbine.

APPLICANT REBUTTAL: REMARKSApplicant appreciates the thorough examination of the claims as evidenced by the Non- Final Office Action mailed December 19, 2024 (hereinafter, "Office Action").Applicant respectfully requests reconsideration and allowance of the claims for at least the reasons presented herein.Status of Claims in Office Action Claims 1-15 were pending in this application, of which Claims 1 and 14 were in independent form.As indicated below, Claims 8 and 15 is rewritten in independent form. Claims 2 and 14 are canceled. Dependent Claims 16 and 17 are added. No matter is added. Accordingly, Claims 1, 3-13, and 15-17 are pending in this application, of which Claims 1, 8, and 15 are in independent form.Applicant appreciates the indication of allowable subject matter in Claims 2, 8-9, and 15.Claims 3, 12, and 13 are rejected under 35 U.S.C. § 112(b) as being Indefinite.Claims 1, 3-7, and 10-14 are rejected under 35 U.S.C. § 102 as being anticipated by Japanese Patent Application Publication No. JP-326268.Allowable Subiect Matter Claims 2, 8-9, and 15 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.Claim 1 has been amended to recite the allowable features of Claim 2, and is therefore allowable for at least the same reasons as Claim 2. Claim 8 is rewritten in independent form and is therefore allowable. Claim 15 is rewritten in independent form and is therefore allowable.Claim Rejections - 35 U.S.C. § 112 Claims 3, 12, and 13 are rejected under 35 U.S.C. § 112(b) as being Indefinite. Each of Claims 3, 12, and 13 is amended. Applicant respectfully submits that Claims 3, 12, and 13 are definite at least based on the amendments herein. Accordingly, the rejection under 35 U.S.C.Sec. 112(b) should be withdrawn.Independent Claims 1, 8, and 15 are Patentable As stated above, Claim 1 has been amended to recite the allowable features of Claim 2, and is therefore allowable for at least the same reasons as Claim 2. Claim 8 is rewritten in independent form and is therefore allowable. Claim 15 is rewritten in independent form and is therefore allowable.Remaining Dependent Claims The remaining dependent claims, including New Claims 16 and 17, are patentable at least per the patentability of the independent claims from which they depend. Applicant traverses the rejections of the remaining dependent claims. However, as each of these claims depends from a base claim that is believed to be in condition for allowance, Applicant does not believe that it is necessary to argue the allowability of each of the remaining dependent claims individually.Applicant does not necessarily concur with the interpretation of these claims or with the bases for rejection set forth in the Office Action. Applicant therefore reserves the right to address the patentability of these claims individually as necessary in the future.CONCLUSIONIn light of the above remarks, Applicant respectfully submits that the above-entitled application is in condition for allowance. Favorable reconsideration of this application, as amended, is respectfully requested. If the Examiner believes that the application is not in condition for allowance, the Examiner is requested to call the undersigned representative at the telephone number indicated below to discuss any outstanding issues relating to the allowability of the application.Respectfully submitted, /Shandon W. Herring/ Shandon W. Hering Registration No. 60,198 Attorney for Applicant Customer Number 146825 Sage Patent Group P.O. Box 30789 Raleigh, NC 27622 Telephone 984 219-8189

NEXT 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, 3-13 and 15-17 are allowed.
The following is an examiner’s statement of reasons for allowance: The examiner agrees with applicant’s characterization of how the amended claims 1, 8 & 15 distinguish over the prior art of record. All outstanding objections and rejections have been overcome and are withdrawn.
Conclusion

CITED REFERENCE SUMMARIES: Ref JP2007231791A: Claims:
In a multi-cylinder engine equipped with a turbocharger, an exhaust manifold that is divided for each cylinder group in which the exhaust strokes do not overlap, a nozzle portion that narrows the downstream portion of the exhaust manifold toward the merging portion, and each nozzle portion Means for varying the substantial opening area facing the merging section of the engine, an EGR passage connecting the exhaust manifold upstream of the turbine of the turbocharger and the intake manifold downstream of the compressor, and a check valve interposed in the EGR passage A multi-cylinder engine comprising:
In a multi-cylinder engine equipped with a turbocharger, an exhaust manifold that is divided for each cylinder group in which the exhaust strokes do not overlap, an intake manifold that is divided for each cylinder group in which the intake strokes do not overlap, and a downstream portion of the exhaust manifold where these exhaust manifolds are gathered A nozzle portion that narrows toward the merging portion of the nozzle, means for varying the substantial opening area facing the merging portion of each nozzle portion, and each intake manifold downstream of the compressor as well as each exhaust manifold upstream of the turbine of the turbocharger A multi-cylinder engine comprising an EGR passage that connects the cylinders to each other in a relationship between the same cylinder groups, and a check valve interposed in each EGR passage.
2. The means for varying the substantial opening area facing each merge part of each nozzle part comprises means for controlling the substantial opening area of each nozzle part based on the operating state. Or the multi-cylinder engine of Claim 2.
The means for changing the substantial opening area facing the merging portion of each nozzle portion includes a protrusion extending the partition wall between the nozzle portions to the merging portion, a valve element disposed on both sides of the protrusion, and a shortest distance between the protrusion and the valve element. 3. The multi-cylinder engine according to claim 1, further comprising means for swinging the valve plate in the expansion / contraction direction with the distance as a substantial opening area of the nozzle portion.
The means for varying the substantial opening area facing each nozzle unit is as follows: a diffuser that narrows the junction that each nozzle unit faces downstream, a valve body that forms a partition wall between the nozzles, and a shortest distance between the valve body and the diffuser. The multi-cylinder engine according to claim 1 or 2, further comprising means for supporting the valve plate so as to be able to advance and retreat in the expansion / contraction direction with the distance as a substantial opening area of the nozzle portion.
Ref JPH0326268Y2: Claims:
a turbine housing provided with two exhaust gas introduction passages having different flow characteristics; a valve casing interposed between the turbine housing and the exhaust manifold; A partition wall extending to the middle part on the manifold side and forming two flow passages each communicating with the exhaust gas introduction passage, and two planes intersecting along the edge of the partition wall on the middle part side and one of the above-mentioned planes. A valve seat formed to have openings in each of the two planes, the plane of which is formed as an exhaust gas passage wall to the other flow passage, and the valve casing that opens and closes both valve seats, respectively. two valve members that open downstream in the exhaust gas flow direction and are each formed along the flow path through two swinging arms that are each pivotally supported by the valve; and a valve that opens and closes the two valve members, respectively. The controller includes a control mechanism, an exhaust pressure sensor that detects exhaust pressure in the exhaust manifold, and a controller that outputs an opening/closing signal for the valve member to the valve control mechanism based on a detection signal of the exhaust pressure sensor. When the exhaust brake is activated, when the exhaust pressure is detected to be above a predetermined pressure, a signal is sent to the valve control mechanism to open either one of the two valve members, and when the exhaust pressure is detected to be below the predetermined pressure, the two valve members are sent to the valve control mechanism. A variable displacement turbo supercharging device, characterized in that the open/close state of two valve members is detected and a signal is sent to the valve control mechanism to close the open valve member.