Ex Parte Mallebrein - Page 5




              Appeal No. 2006-0109                                                                Παγε 5                                       
              Application No. 10/350,187                                                                                                       


              Kabasin does not provide sufficient details of the algorithms for generating the phaser                                          
              and ETC control signals to determine with any certainty whether any such condition                                               
              variable of the combustion of the combustion chamber will remain unchanged.  The                                                 
              examiner’s contention (supplemental answer, page 3) that, in essence, Kabasin’s                                                  
              teaching that the disclosed algorithm with a corresponding phaser adjustment and valve                                           
              lift switching results in a smoother engine operation by eliminating sudden increase in                                          
              torque mandates that one condition variable of the combustion of a combustion                                                    
              chamber does not change, is not well founded.  Kabasin teaches in the last paragraph                                             
              in column 8 that:                                                                                                                
                            Under certain engine operating conditions, the switching of                                                        
                            two-step switching device 16 could cause changes in engine                                                         
                            operation which might be perceived by a driver as                                                                  
                            undesirable, such as, for example, a relatively sudden                                                             
                            increase in torque.  Further, when engine operating                                                                
                            conditions are centered around a point corresponding to a                                                          
                            switching point for two-step switching device 16 engine                                                            
                            operation may be affected, such as, for example, by                                                                
                            oscillation or multiple switching of two-step switching device                                                     
                            16 between the high-lift and low-lift positions.  As is more                                                       
                            particularly described hereinafter, switching control algorithm                                                    
                            200 controls the operation of two-step switching device 16,                                                        
















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