Ex Parte Matsubara et al - Page 5




          Appeal No. 2003-0725                                                        
          Application 09/629,978                                                      

          reduce pollution (col. 2, lines 40-45).  Koga calculates the                
          quantity of supplied consumable fuel (gasoline) and when the                
          value of total quantity of fuel supplied since the external                 
          charging of the battery exceeds a predetermined value, the drive            
          management controller limits an output torque of the electric               
          drive motor (col. 9, lines 58-61).  Owing to this torque                    
          limitation, the driver perceives an insufficient output from the            
          car so that the driver is urged to perform external recharging              
          (col. 10, lines 21-25).  Note that this serial version limits the           
          torque of the motor, not of the engine assisting the motor.  The            
          torque limitation is removed following battery recharge.  In the            
          parallel situation, which is what must be considered here, the              
          controller limits the internal combustion engine output rather              
          than the motor output (col. 19, lines 1-18), i.e., it limits the            
          assistance that the engine provides to the motor, not the                   
          assistance that the motor provides to the engine, as claimed.               
               The examiner points to portions of Koga which describe                 
          detecting the quantity of fuel in the tank and that the output of           
          the electric motor is restricted based on the fuel use state                
          (EA3-4; EA6-8).  The examiner finds that Koga has an assistance             
          restricting unit which restricts the assistance of the output of            
          the engine when the remaining quantity detector detects that the            
          remaining quantity of fuel is under a fixed value (EA3).                    


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