Ex Parte Wang et al

Board of Patent Appeals and Interferences

Dec 14, 2011

11119720 (B.P.A.I. Dec. 14, 2011)

UNITED STATES PATENT AND TRADEMARK OFFICE
____________________

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________________

Ex parte YUE YUN WANG, SHYAN HUANG, and
JERILYN TSAI
____________________

Appeal 2009-014130
Application 11/119,720
Technology Center 3700
____________________

Before: JENNIFER D. BAHR, LINDA E. HORNER, and KEN B.
BARRETT, Administrative Patent Judges.

BAHR, Administrative Patent Judge.

DECISION ON APPEAL

Appeal 2009-014130
Application 11/119,720
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STATEMENT OF THE CASE
Appellants appeal under 35 U.S.C. § 134 from the Examiner’s
rejection under 35 U.S.C. § 102(b) of claims 1, 4, 6, 7, 10, 21-23, 26, 28, and
32-34 as anticipated by Itou (US 6,167,695 B1, iss. Jan. 2, 2001); under 35
U.S.C. § 102(e) of claims 1-3, 6, 7, 10, 21-25, 28, and 32-34 as anticipated
by Nakagawa (US 7,150,144 B2, iss. Dec. 19, 2006); and under 35 U.S.C. §
103(a) of claims 4, 5, 13-16, 18, 20, 26, 27, 29, and 31 as unpatentable over
Nakagawa and Kawai (US 6,755,014 B2, iss. Jun. 29, 2004) and claim 12 as
unpatentable over Nakagawa and Hunt (US 5,426,934, iss. Jun. 27, 1995).
We have jurisdiction under 35 U.S.C. § 6(b).

SUMMARY OF DECISION
We AFFIRM.

THE INVENTION
The claims are directed to a method and apparatus for diagnosing
exhaust gas aftertreatment component degradation. Spec., para. 1. Claim 1,
reproduced below, is illustrative of the claimed subject matter.
1. A system for diagnosing operation of an exhaust gas
aftertreatment component for an internal combustion engine,
the system comprising:
a NOx sensor producing a NOx signal indicative of NOx
content of exhaust gas exiting the aftertreatment component,
and
a control circuit estimating as a function of a number of
engine operating conditions a NOx inlet content
corresponding to a NOx content of exhaust gas produced by
the engine and entering the aftertreatment component, the
control circuit determining a NOx conversion efficiency of
the aftertreatment component as a function of the NOx
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signal and of the NOx inlet content and determining that the
aftertreatment component is degraded if the NOx conversion
efficiency is below a threshold value.

OPINION
Rejection based on Itou
The issue raised in the appeal of this rejection is whether Itou
discloses a system or method comprising a control circuit for or step of
“determining a NOx conversion efficiency of the aftertreatment component
as a function of the NOx signal [outlet value] and of the NOx inlet content
[inlet value] and determining that the aftertreatment component is degraded
if the NOx conversion efficiency is below a threshold value,” as called for in
Appellants’ independent claims 1 and 23. App. Br. 11.
In formulating the rejection, the Examiner appears to rely on Itou’s
decision block 101 for disclosure of a control circuit estimating a NOx inlet
content as a function of a number of engine operating conditions, and on
decision blocks 207, 209, 210, and 211-213 for disclosure of a control circuit
determining a NOx conversion efficiency of the aftertreatment component as
a function of the NOx signal and of the NOx inlet content and determining
that the aftertreatment component is degraded if the NOx conversion
efficiency is below a threshold value. Ans. 4 (citing Itou, col. 5, ll. 9-28 for
estimating NOx inlet content and citing Itou, figs. 2-4; col 6, l. 28 to col. 7, l.
56 for determining the NOx conversion efficiency and determining that the
aftertreatment component is degraded if the NOx conversion efficiency is
below a threshold value). The Examiner seems to be equating Itou’s
determination of rates of change of the NOx concentration (ΔNOx) detected
downstream of the NOx catalyst 22 by NOx sensor 24 with the claimed step
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or function of determining a NOx efficiency of the aftertreatment
component. See Ans. 13.
Even assuming the Examiner is correct that the determination of
Itou’s rates of change of NOx concentration downstream of the catalyst is a
raw measure of the NOx conversion efficiency, the Examiner appears to be
overlooking that Itou’s system makes these determinations of NOx and
ΔNOx without taking into account the NOx inlet content. Thus, these
determinations do not satisfy the claimed control circuit for or step of
determining a NOx conversion efficiency of the aftertreatment component as
a function of the NOx signal (outlet value) and of the NOx inlet content
(inlet value).
Itou does not specify the details of how the determination in decision
block 101 is made. In particular, Itou does not specify that the control
system uses the engine operation conditions history to estimate NOx inlet
content. See col. 5, ll. 9-15. The Examiner’s finding that this occurs in
decision block 101 is speculative. It is well established that an anticipation
rejection cannot be predicated on an ambiguous reference. Rather,
disclosures in a reference relied on to prove anticipation must be so clear and
explicit that those skilled in the art will have no difficulty in ascertaining
their meaning. In re Turlay, 304 F.2d 893, 899 (CCPA 1962).
Moreover, even accepting the Examiner’s finding that Itou’s disclosed
use in decision block 101 of engine operation conditions history, such as
engine speed, intake air flow amount, NOx concentration downstream of
NOx catalyst 22, and the like, somehow involves estimating a NOx inlet
content as called for in claims 1 and 23, Itou does not give any indication
that such estimated NOx inlet content is used in the decision blocks
discussed in the portions of Itou’s disclosure relied upon by the Examiner
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for disclosure of a control circuit determining a NOx conversion efficiency
of the aftertreatment component as a function of the NOx signal and of the
NOx inlet content and determining that the aftertreatment component is
degraded if the NOx conversion efficiency is below a threshold value. See
App. Br. 12-16. Thus, the Examiner has not established that Itou discloses a
system or method comprising a control circuit for or step of “determining a
NOx conversion efficiency of the aftertreatment component as a function of
the NOx signal [outlet value] and of the NOx inlet content [inlet value] and
determining that the aftertreatment component is degraded if the NOx
conversion efficiency is below a threshold value,” as called for in
Appellants’ independent claims 1 and 23.
We reverse the rejection of claims 1 and 23, as well as dependent
claims 4, 6, 7, 10, 21, 22, 26, 28, and 32-34, as anticipated by Itou.
Rejections based on Nakagawa
The issue joined in the appeal of the rejection of claims 1-3, 6, 7, 10,
21-25, 28, and 32-34 as anticipated by Nakagawa is whether the Examiner
erred in finding that Nakagawa’s comparison means A, comparison means
B, and separate detecting diagnostic means (figs. 39-41; col. 18, l. 56 to col.
19, l. 65) satisfy the requirements of claims 1 and 23 for a control circuit or
step of “determining a NOx conversion efficiency of the aftertreatment
component as a function of the NOx signal [outlet value] and of the NOx
inlet content [inlet value] and determining that the aftertreatment component
is degraded if the NOx conversion efficiency is below a threshold value.”
See Ans. 6, 15; App. Br. 18-20.
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The Examiner’s position is that Nakagawa’s evaluation of the two
conditions “(If SaMb)”1 constitutes determining a NOx
conversion efficiency. Ans. 15. Further, according to the Examiner,
Nakagawa’s determination that when these two conditions are met, “the lean
NOx catalyst can be evaluated to have deteriorated” (col. 19, ll. 59-65)
constitutes “determining that the aftertreatment component is degraded if the
NOx conversion efficiency is below a threshold value.” Id.
Appellants concede that evaluation of the condition SaMb) are satisfied.
App. Br. 18, 19; see Nakagawa, col. 19, ll. 16-27. We do not agree with
Appellants. Appellants’ claims 1 and 23 do not require determination that
the aftertreatment component is degraded each and every time the NOx
conversion efficiency is below a threshold value, regardless of what other
conditions might be satisfied. Whenever Sb>Mb, Nakagawa’s system

1 Sa (also referred to as “reference value A”) denotes the
calculated/estimated value for NOx downstream from the catalyst. Ma
denotes the amount of NOx downstream actually measured in the lean
operation mode. Sb (also referred to as “reference value B”) denotes the
calculated/estimated value for stored NOx. Mb denotes the actual
measurement of the total amount of NOx discharged downstream from the
lean NOx catalyst in the rich operation mode. Col. 17, ll. 53-55; col. 18, ll.
8-9, 29-31, 44-46, 58-67; col. 19, ll. 1-15.
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determines that the NOx catalyst is degraded if Sa