Ex Parte Lasson

Board of Patent Appeals and Interferences

Dec 15, 2003

09728518 (B.P.A.I. Dec. 15, 2003)

1 Claims 3 and 8 were amended subsequent to the final rejection.
The opinion in support of the decision being entered today was not written
for publication and is not binding precedent of the Board.
Paper No. 17
UNITED STATES PATENT AND TRADEMARK OFFICE
____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________
Ex parte ANDERS LASSON
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Appeal No. 2004-0058
Application No. 09/728,518
____________
ON BRIEF
____________
Before ABRAMS, FRANKFORT, and NASE, Administrative Patent Judges.
NASE, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on appeal from the examiner's final rejection of claims 3 to 8,
which are all of the claims pending in this application.1
We REVERSE.
Appeal No. 2004-0058
Application No. 09/728,518
2 Issued January 14, 1992.
BACKGROUND
The appellant's invention relates to a method for potentiating an engine's power
contribution to a hybrid electric vehicle's performance in a take-off operating condition.
A copy of the claims under appeal is set forth in the appendix to the appellant's brief.
Claims 3 to 8 stand rejected under 35 U.S.C. § 102(b) as being anticipated by
U.S. Patent No. 5,081,3652 to Field et al. (Field).
Rather than reiterate the conflicting viewpoints advanced by the examiner and
the appellant regarding the above-noted rejection, we make reference to the answer
(Paper No. 15, mailed February 12, 2003) for the examiner's complete reasoning in
support of the rejection, and to the brief (Paper No. 14, filed January 21, 2003) for the
appellant's arguments thereagainst.
OPINION
In reaching our decision in this appeal, we have given careful consideration to
the appellant's specification and claims, to the Field patent, and to the respective
positions articulated by the appellant and the examiner. As a consequence of our
review, we make the determinations which follow.
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Application No. 09/728,518
A claim is anticipated only if each and every element as set forth in the claim is
found, either expressly or inherently described, in a single prior art reference.
Verdegaal Bros. Inc. v. Union Oil Co., 814 F.2d 628, 631, 2 USPQ2d 1051, 1053 (Fed.
Cir.), cert. denied, 484 U.S. 827 (1987).
Claims 3 and 8, the independent claims on appeal, read as follows:
3. A method for potentiating an engine's power contribution to a hybrid
electric vehicle's performance in a take-off operating condition, the method
comprising the steps of
initiating take-off acceleration of a hybrid electric vehicle exclusively
utilizing an electric motor of the vehicle;
predicting the future demand for an engine's power contribution to the
hybrid electric vehicle's immediate future power demand during take-off
acceleration;
starting the engine of the hybrid electric vehicle at the time that the
determination is made of future demand for the engine's power contribution
during the take-off acceleration; and
increasing the speed of operation of the engine as rapidly as
predetermined operating efficiency parameters permit.
8. A method for potentiating an engine's power contribution to a hybrid
electric vehicle's performance in a take-off operating condition, the method
comprising the steps of
initiating take-off acceleration of a hybrid electric vehicle exclusively
utilizing an electric motor of the vehicle;
predicting the future demand for an engine's power contribution to the
hybrid electric vehicle's immediate future power demand during take-off
acceleration;
starting the engine of the hybrid electric vehicle at the time that the
determination is made of future demand for the engine's power contribution
during the take-off acceleration; and
starting the engine at an engine speed below a resonance speed of a
drivetrain of the vehicle.
Appeal No. 2004-0058
Application No. 09/728,518
Field's invention relates to a highly efficient electric hybrid propulsion system for
a vehicle, an electric hybrid propulsion system being one in which the vehicle is driven
by an electric motor powered by batteries, the batteries being charged by a generator
powered by a combustion engine. In Field's invention there is an electric motor that is
arranged to drive a vehicle, and there are batteries to power the motor. There is a
combustion engine and means for it to recharge the batteries. However, there is no
generator per se coupled to the engine. Rather, the engine is releasably coupled
mechanically to the electric motor so that the engine power may be selectively applied
toward driving the vehicle mechanically through the motor. When so coupled, and
when operating conditions are such that less power is needed to propel the vehicle than
the engine can develop, its excess power may be automatically applied to charge the
batteries, using the electric motor as a generator. When more propulsion power is
needed than the engine can supply, means are provided whereby the electric motor
working as a motor can supply the balance by drawing on the batteries. This dual use
of the electric motor as a motor and a generator eliminates the need for a separate
generator coupled to the engine to charge the batteries, which saves weight and cost.
The efficiency loss of a separate generator is thus avoided, which adds substantially to
the efficiency of the system.
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Application No. 09/728,518
Field's electric hybrid automobile has three operating modes; urban mode,
highway mode and engine mode. The manner of operation is described by Field
(column 5, line 45, to column 8, line 31) as follows:
URBAN MODE
Urban mode uses a straight electric drive in which the batteries 24 power
the electric motor 22 which drives the automobile, and the combustion engine 28
is not running. Urban mode is used to start the car from a standstill and get it up
to highway speed. It is also useful for around town stop-and-go service. Driving is
done conventionally. The driver first turns on master switch 78, which powers up
the electric hybrid system. He or she then places the car in gear, using gear shift
lever 18, foot operated clutch 20 and 4-speed transmission 16. There is a
conventional foot accelerator pedal connected to accelerator potentiometer 80.
Depressing the pedal directs a variable voltage from zero to 10 volts from the
accelerator potentiometer 80 through the process controller 52 to the motor
controller 60. The more the pedal is depressed the higher the voltage will be up
to the 10-volt limit. This variable voltage causes motor controller 60 to feed a
proportionate supply of current to electric motor 22 so that the car moves
smoothly at a speed commanded by the driver. Forward and reverse are
obtained in conventional automotive manner by shifting gears in transmission 16.
When the car is moving and the driver takes his or her foot off the accelerator
pedal the motor controller 60 will stop feeding current to motor 22. The still
spinning motor will act like a generator and feed current back to the batteries 24,
consuming some kinetic energy in so doing, which will tend to slow down the car.
This so-called regenerative braking is well known. A flywheel 26 is attached to
the shaft of motor 22 to maintains its angular momentum so it will not slow down
too abruptly due to this dynamic braking.
Urban mode provides a convenient, virtually silent and essentially
pollution free manner of operation. However, the range of the automobile will be
limited by the capacity of the batteries 24. For cross country operation a greater
range is needed, and this may be obtained by operating in highway mode or
engine mode. Highway mode will be discussed next.
HIGHWAY MODE
After the car has been started in urban mode and brought up to some
speed, for example 1000 RPM on the electric motor 22, the driver may elect to
enter highway mode. This is done by pushing the "highway mode" button 82 on
Appeal No. 2004-0058
Application No. 09/728,518
the dashboard. This command will cause process controller 52 to automatically
operate the hybrid system in highway mode according to the logic shown in FIG.
3.
In FIGS. 3, 4 and 5, all of which are flow charts, blocks framed with double
lines are manual operations performed by the driver, while blocks framed with
single lines are automatic operations performed by process controller 52.
As shown in FIG. 3, after the driver manually selects highway mode the
process controller 52 will ascertain that engine mode is not set, or cancel it if it is,
and that the speed of motor 22 as sensed by speed monitor 56 is above 1000
RPM. It will then read the charge level of battery 24 as sensed by charge level
sensor 66. If the battery is above a selected level, for example 70%, the process
controller will stop the combustion engine 28 if it is running and disengage
electric clutch 30 if it is engaged. Optionally it may be preferred not to stop the
combustion engine but to slow it down to idle speed, and of course disengage
the electric clutch. The process controller 52 will direct the signal from the
accelerator potentiometer 80 to the motor controller 60. This will give the driver
direct control of the speed of motor 22, so that he or she may drive in the same
way as when using urban mode. The combustion engine will be shut off or idled,
the electric clutch will be disengaged, and the electric motor 22 will drive the car,
powered by batteries 24.
Every five minutes, or at some other selected time interval, the process
controller will read the battery charge and when it drops below the selected level,
which may be about 70%, the combustion engine 28 will be started if it is
stopped, or brought up to speed if it is idling. The process controller starts the
engine by opening solenoid fuel valve 48 and closing starter solenoid 42. Engine
starter 40 will crank the engine until it starts, which will be indicated when engine
speed monitor 54 reads a selected speed, for example 500 RPM. Starter
solenoid 42 will then be opened and engine starter 40 will cease cranking. When
the engine is running, the process controller can control its speed by sending a
variable voltage speed signal to servo speed control 50. The process controller
52 can stop the engine 28 when that is desired by closing solenoid fuel valve 48.
It should be understood that a solenoid fuel valve is used as a means of stopping
a diesel engine, and that if some other type of engine were used, a different
control might be used. For example, an ignition switch might be used with a
gasoline engine.
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Application No. 09/728,518
After the combustion engine is running, the process controller 52 will read
the speeds of the electric motor and the combustion engine from speed monitors
54 and 56 and adjust the engine speed with servo speed control 50 until the two
speeds are equal. The process controller will then engage electric clutch 30,
thereby coupling engine 28 mechanically to electric motor 22. The signal from
accelerator potentiometer 80 will then be shifted to servo speed control 50 so
that the driver can control the speed of the automobile by controlling the speed
of engine 28. He or she may then continue to drive normally. Engine 28 will be
powering the car.
In this condition there will be no signal from process controller 52 to motor
controller 60, but motor 22 will be spinning, so motor controller 60 will call for
regenerative braking. Motor 22 will act as a generator and supply current to the
batteries 24. The rate of current flow will depend on the speed of the motor and
the charge level of the batteries. This should be taken into account when setting
the charge level at which the combustion engine is to be brought on line. A
charge level of 70% seems to be suitable, but another level might be preferred.
Therefore in this condition engine 28 not only powers the car but also
recharges the batteries 24. Every 5 minutes, or other selected time interval, the
process controller will read the charge level of the batteries. When they are
essentially fully charged, for example at 95% charge level, the process controller
will disengage electric clutch 30 and stop engine 28 by closing solenoid fuel
valve 48 or operating other suitable control means. Alternatively, the engine may
be idled rather than stopped. The signal from the accelerator potentiometer 80
will be shifted from servo speed control 50 to motor controller 60 and operation
of the car will revert to fully electric.
This alternating sequence of operating on the batteries until they are
partially discharged, then operating on the combustion engine until the batteries
are charged up, then back to the batteries, will continue as long as the driver
keeps the car in highway mode. It is a very efficient mode of operation. It runs
the combustion engine near its rated power and hence near its maximum
efficiency for part of the time, then shuts it off to save fuel and uses electric
power. However, the batteries are never deeply depleted, so there is always
good battery capacity available for urban mode operation when needed. Range
is limited only by the fuel consumption of the engine 28 and the size of the fuel
tank 46. As with a conventional car, periodically refilling the fuel tank will extend
the range.
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Application No. 09/728,518
To leave the highway mode, the driver would push the "engine mode"
button. Above 1000 RPM on the electric motor the car will go into engine mode.
Below 1000 RPM it will go into urban mode.
ENGINE MODE
Engine mode may be elected by the driver after the car has reached 1000
RPM or more on the electric motor 22 by operation in either urban or highway
mode. The control logic for engine mode is shown in FIG. 4. After the driver
manually selects engine mode, the process controller 52 will ascertain that
highway mode is not set, or cancel it if it is, and that the speed of motor 22 as
sensed by speed monitor 56 is above 1000 RPM. It will then start combustion
engine 28 if it is not running and bring it up to speed by the same control
sequence as was described in the highway mode. Engine 28 will be brought up
to the speed of electric motor 22 and mechanically coupled to it by engaging
electric clutch 30. The signal from accelerator potentiometer 80 will then be
connected to the engine servo speed control 50, which will give the driver control
of the speed of the car by varying the speed of combustion engine 28. There will
be no signal to motor controller 60, and since electric motor 22 will be spinning
there will be a regenerative braking effect which will cause motor 22, acting as a
generator, to charge the batteries 24. This charging will taper off as the batteries
approach full charge due to the characteristics built into motor controller 60.
When the batteries are fully charged the current flow from motor 22 will be
negligible, and then the motor will be functioning essentially as an element in the
mechanical coupling of engine 28 to transmission 16. The car will be driven like
any conventional automobile with a manual transmission. Engine mode provides
an economical manner of operation. The efficiency losses inherent in electric
motor 22 are largely eliminated, and there is no changing back and forth from
combustion engine to electric motor and vice versa. To leave engine mode the
driver would push the "highway mode" button. Above 1000 RPM on the electric
motor the car will go into highway mode. Below 1000 RPM it will go into urban
mode.
The appellant argues (brief, pp. 5-9) that Field does not anticipate the claims
under appeal since Field does not teach either (1) the step of increasing the speed of
operation of the engine as rapidly as predetermined operating efficiency parameters
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Application No. 09/728,518
permit as set forth in independent claim 3, or (2) the step of starting the engine at an
engine speed below a resonance speed of a drivetrain of the vehicle as recited in
independent claim 8. We agree. We do not agree with the examiner (see pages 3-8 of
the answer) that these two limitations are inherently met by Field.
A prior art reference need not expressly disclose each claimed element in order
to anticipate the claimed invention. See Tyler Refrigeration v. Kysor Indus. Corp., 777
F.2d 687, 689, 227 USPQ 845, 846-847 (Fed. Cir. 1985). Rather, if a claimed element
(or elements) is inherent in a prior art reference, then that element (or elements) is
disclosed for purposes of finding anticipation. See Verdegaal Bros., Inc. v. Union Oil
Co., 814 F.2d at 631-33, 2 USPQ2d at 1052-54.
It is well settled that the burden of establishing a prima facie case of anticipation
resides with the Patent and Trademark Office (PTO). See In re Piasecki, 745 F.2d
1468, 1472, 223 USPQ 785, 788 (Fed. Cir. 1984). When relying upon the theory of
inherency, the examiner must provide a basis in fact and/or technical reasoning to
reasonably support the determination that the allegedly inherent characteristic
necessarily flows from the teachings of the applied prior art. See Ex parte Levy, 17
USPQ2d 1461, 1464 (Bd. Patent App. & Int. 1990). When a reference is silent about
an asserted inherent characteristic, it must be clear that the missing descriptive matter
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is necessarily present in the thing described in the reference, and that it would be so
recognized by persons of ordinary skill. Continental Can Co. v. Monsanto Co., 948
F.2d 1264, 1268, 20 USPQ2d 1746, 1749 (Fed. Cir. 1991). As the court stated in In re
Oelrich, 666 F.2d 578, 581, 212 USPQ 323, 326 (CCPA 1981)(quoting Hansgirg v.
Kemmer, 102 F.2d 212, 214, 40 USPQ 665, 667 (CCPA 1939)):
Inherency, however, may not be established by probabilities or
possibilities. The mere fact that a certain thing may result from a given
set of circumstances is not sufficient. [Citations omitted.] If, however, the
disclosure is sufficient to show that the natural result flowing from the
operation as taught would result in the performance of the questioned
function, it seems to be well settled that the disclosure should be regarded
as sufficient.
In this case, the examiner has not provided a basis in fact and/or technical
reasoning to reasonably support the determination that the above-identified method
steps necessarily flows from the teachings of Field.
With respect to the step of starting the engine at an engine speed below a
resonance speed of a drivetrain of the vehicle (claim 8), the examiner's belief (answer,
p. 7) that the engine speed is zero when an engine is started and is therefore below the
resonance speed of the drivetrain is simply wrong. An engine whose speed is zero
clearly has not started. The claim language of "starting the engine at an engine speed"
refers to the engine speed (i.e., r.p.m.) that occurs immediately after the engine has
Appeal No. 2004-0058
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been started. There is no basis from the disclosure of Field to conclude that the engine
speed that occurs immediately after Field's engine has been started is below the
resonance speed of the drivetrain of the vehicle. Accordingly, claim 8 is not anticipated
by Field.
With respect to the step of increasing the speed of operation of the engine as
rapidly as predetermined operating efficiency parameters permit (claim 3), the
examiner's belief (answer, pp. 5-6) that Field's servo speed control 50 and process
controller 52 will work as efficiently as possible and would not be programmed to be
"inefficient" is pure speculation unsupported by any disclosure in Field. There is no
basis from the disclosure of Field to conclude that the speed of operation of the engine
is increased as rapidly as predetermined operating efficiency parameters permit.
Accordingly, claim 3 is not anticipated by Field.
For the reasons set forth above, the decision of the examiner to reject claims 3
and 8, and claims 4 to 7 dependent thereon, under 35 U.S.C. § 102(b) is reversed.
Appeal No. 2004-0058
Application No. 09/728,518
CONCLUSION
To summarize, the decision of the examiner to reject claims 3 to 8 under
35 U.S.C. § 102(b) is reversed.
REVERSED
NEAL E. ABRAMS )
Administrative Patent Judge )
)
)
)
) BOARD OF PATENT
CHARLES E. FRANKFORT ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
)
)
)
JEFFREY V. NASE )
Administrative Patent Judge )
Appeal No. 2004-0058
Application No. 09/728,518
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