Appeal No. 2004-1013
Application No. 09/985,553
NOx sensors are developed, ECU 26 will use the sensed NOx
content of the products of combustion in place of the
mapped routines. [Emphasis added.]
Concerning control of the emission removal system, Balko goes
on to state in the same paragraph at column 10, lines 13-21, that
It is to be understood that the control of the system
[for removing emissions] described herein is effected by
ECU 26 or by a separate command module interconnected
with ECU 26. In particular, ECU 26 will determine from
the existing NOx content in the products of combustion
(mapped or sensed) and other variables the signals to be
sent to actuators controlling metering valves and the
like described herein which, in turn, control the make up
and quantity of the reactive mixture. [Emphasis added.]
With respect to control of the emission removal system, Balko
goes on to state at column 13, lines 37-46, that
the intensity of the plasma and the ratio of the carrier
gas and fuel can be variably controlled depending on the
NOx emissions produced by engine 25. In effect, while
the preferred embodiment of the invention simply sets the
carrier gas and fuel at a set ratio with a set plasma
intensity to produce a highly reactive mixture, the
invention contemplates a variable control depending on
engine conditions (mapped or sensed) to produce a
specific reactive gas mixture especially suited for NOx
reduction based on actual engine operation and emissions.
[Emphasis added.]
In rejecting claims 1, 12 and 13 under 35 U.S.C. § 103(a), the
examiner finds correspondence between Balko’s plasma reactor 34 and
the claimed reducer, and between Balko’s ECU 26 of the claimed
controller. Concerning the claim requirement that the controller
controls the amount of fuel and exhaust gas introduced into the
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