DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and Useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1 – 5, 6 and 20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claims do not fall within at least one of the four categories of patent eligible subject matter because the claims are directed to a judicial exception (i.e. an abstract idea) without significantly more.
Step 2A, Prong One: Judicial Exception
The claims are directed to certain methods of organizing human activity and mental processes, such as:
Recognizing a travel plan/reservation information including scheduled start and end times (claims 1 – 3 and 20)
Estimating a waiting/parking period based on the travel plan during which the electric moving body is left in a waiting area (claims 1, 3, and 6)
Performing charge-discharge management of a storage battery based on User schedule reservation or supply-demand information (claims 1, 5, 6 and 20).
These limitations describe collecting information (e.g. travel plan, reservation
information, position), estimating, and determining a timing for resource use based on schedule information which constitutes:
Certain methods of organizing human activity (planning and scheduling use of a resource), and
Mental processes, as the estimation and determination steps recite concepts that can be performed by the human mind or with pen and paper even if implemented by a processor.
Such concepts are mental processes and fundamental practices that can be performed as mathematical relationships or as methods of organizing human activity, which fall within the judicial exceptions to §101 as Abstract Ideas.
Step 2A, Prong Two: Integration into a Practical Application
The claims do not integrate the Abstract Idea into a Practical Application. Although the claims recite physical components including:
an electric moving body
a position detection sensor
a storage battery, and
charging or discharging from a commercial power grid or another moving body,
the claims merely USe these components as generic tools to implement the Abstract Idea of estimating a waiting period based on travel scheduling and USing that estimate to control charging.
Specifically:
the claim does not recite any improvement to battery technology, charging circuitry, power electronics or grid interaction.
The charge-discharge control is triggered based on the estimated waiting period, which itself is derived from scheduling planning information.
The claim does not specify how charging or discharging is technically performed, modified or improved; rather it applies the abstract decision to conventional charging operations.
The courts have identified limitations that did not integrate a judicial exception into a practical application:
Merely reciting the words “apply it” (or an equivalent) with the judicial exception, or merely including instructions to implement an abstract idea on a computer, or merely using a computer as a tool to perform an abstract idea, as discussed in MPEP § 2106.05(f);
Step 2B:
The claims do no recite additional elements that amount to significantly more than the abstract idea itself.
The processor, communication network, sensor, storage batteries, and charging operations are recited at a high level of generality and perform their expected conventional functions.
The claims do not include:
Unconventional hardware,
Non-routine charging behavior
Or a technical solution to a technical problem
Accordingly, the claims amount to no more than implementing an Abstract Idea using generic components which is insufficient to confer patent eligibility to an otherwise abstract idea. The claims recite charging and discharging of a storage battery, but physical execution alone does not confer eligibility. The charging occurs based on an Abstract waiting-period estimation, and the claim does not improve the technical manner in which the charging is performed.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1, 2, 3, 6 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Kogo (US 20230229979) in view of Andrews (US 20140266004) and in further view of in view of Ahmed (US 20190232792).
Regarding claim 1, Kogo teaches a power storage management system (shown in figure 1 item 1 defined as a charging reservation system), comprising a processor that, via a communication network, communicates with: a mobile terminal used by a user; or an electric moving body used by the user, which includes a position detection sensor, and that acquires a current position of the mobile terminal or the electric moving body, (Figure 1 shows communication via a mobile terminal, mobile communication terminal item 6. Figure 3 show wherein a processor is interpreted as a central processing unit (CPU) item 43, within a server item 4), wherein the processor functions as:
a travel plan recognition unit for recognizing a travel plan of a user including scheduled start date and time and scheduled end date and time of a travel the user; a position recognition unit for recognizing the current position of the user or the electric moving body; (defined in paragraph [0010] as a travel route or an operation plan. Paragraph [0008] teaches an operation plan acquisition unit that acquires an operation plan of a user or driver. Paragraph [0017] discloses a position acquisition unit which acquires the position of the electric moving body (an electric vehicle). Paragraphs [0053]- [0054] teaches wherein the travel plan, or route includes a scheduled start time and travel time of the user);
a moving body waiting period estimation unit for estimating a period from the scheduled start date and time to the scheduled end date and time of the travel as a waiting period based on the travel plan, the waiting period being a period through which the user is to leave the electric moving body in a predetermined moving body waiting area, the electric moving body in a predetermined waiting area (paragraph [0039] teaches a moving body waiting period estimation unit, interpreted as a server 4 makes a time period reservation of the charging device 2 based on the operation plan or travel route. Paragraph [0043] teaches wherein a waiting period is determined based on a reservation period of the charging device. During this reservation period, the moving body (a vehicle) is left waiting at the charging device for a period of time to receive charging),
determines a timing for estimating the waiting period based on: the current position of the user or the electric moving body (defined in paragraph [0017] discloses a position acquisition unit which acquires the position of the electric moving body (an electric vehicle). Paragraph [0044] teaches wherein an in-vehicle device item 5 and a mobile device item 6 provide current position information. Paragraph [0050] discloses wherein a time period reservation is made based on the travel plan or operation plan of the vehicle);
a moving body charge-discharge control unit for charging or discharging from a commercial power grid or another electric moving body, a storage battery in the waiting period, the storage battery being provided in the electric moving body left in the moving body waiting area (shown in figure 1 wherein a moving body charge-discharge unit, interpret as an electric vehicle charging device, which provides charge to a battery with in a vehicle item 7. Defined in paragraphs [0025], [0061] and [0062] wherein the vehicle battery is charged).
Kogo does not explicitly teach determines a timing for estimating the waiting period based on: a distance from a boarding and alighting point of a public transportation system, the current position being recognized by the position recognition unit, the distance being recognized from reservation information of the public transportation system, the reservation information being made by the User
Andrews teaches the moving body waiting area (shown in figure 1 item 100 wherein a moving body waiting area is interpreted as an EV parking facility) is provided at a boarding and alighting point of a first public transportation system (paragraph [0050] discloses wherein the system may be in an airport parking system), and the moving body waiting period estimation unit estimates the waiting period based on reservation information of the first public transportation system, the reservation information being made by the user (paragraph [0050] discloses wherein the user may input his or her flight information or schedule so that parking demand and times may be managed).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the charging system of the Kogo reference with the parking reservation system of the Andrews reference so that the electric vehicle (EV) may be charged at times with lower electricity prices.
The suggestion/motivation for combination can be found in the Andrews reference in paragraph [0050] wherein charging is performed at specific low demand periods.
Kogo and Andrews do not explicitly teach wherein when the moving body waiting period estimation unit determines that the distance between the current position of the user or the electric moving body and the boarding and alighting point is equal to or less than a determination distance, the moving body waiting period estimation unit estimates the waiting period.
Ahmed teaches wherein when the moving body waiting period estimation unit determines that the distance between the current position of the user or the electric moving body and the boarding and alighting point is equal to or less than a determination distance, the moving body waiting period estimation unit estimates the waiting period (defined in paragraph [0020] wherein the vehicle may be parked in an airport, a rail parking lot, driveway or street, which teaches a plurality or a second public transportation system which the vehicle may be parked for a period of time).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the charging system of the Kogo reference with the parking reservation system of the Ahmed reference so that the electric vehicle (EV) may be charged conveniently at different public locations.
The suggestion/motivation for combination can be found in the Ahmed reference in paragraph [0020] wherein charging is performed at specific low demand periods.
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Kogo Figure 1 shows a vehicle charging station
Regarding claim 2, Kogo teaches the power storage management system according to claim 1, wherein the travel plan recognition unit recognizes the travel plan of the user based on at least one of: reservation information of a public transportation system, schedule information of the user, and reservation information of the moving body waiting area, the reservation information of the public transportation system being made by the user, the schedule information being registered in a scheduler used by the user, the reservation information of the moving body waiting area being made by the user (paragraph [0047] discloses wherein a user, interpreted as an operator 9 establishes an operation plan and transmits the plan to the server. Paragraph [0050] teaches wherein the server then reserves a time period of user for the charging unit based on the operation plan).
Regarding claim 3, Kogo teaches the power storage management system according to claim 2, but does not explicitly teach wherein the moving body waiting area is provided at a boarding and alighting point of a first public transportation system, and the moving body waiting period estimation unit estimates the waiting period based on reservation information of the first public transportation system, the reservation information being made by the user.
Andrews teaches the moving body waiting area (shown in figure 1 item 100 wherein a moving body waiting area is interpreted as an EV parking facility) is provided at a boarding and alighting point of a first public transportation system (paragraph [0050] discloses wherein the system may be in an airport parking system), and the moving body waiting period estimation unit estimates the waiting period based on reservation information of the first public transportation system, the reservation information being made by the user (paragraph [0050] discloses wherein the user may input his or her flight information or schedule so that parking demand and times may be managed).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the charging system of the Kogo reference with the parking reservation system of the Andrews reference so that the electric vehicle (EV) may be charged at times with lower electricity prices.
The suggestion/motivation for combination can be found in the Andrews reference in paragraph [0050] wherein charging is performed at specific low demand periods.
Regarding claim 6, Kogo teaches the power storage management system according to claim 1, but does not explicitly teach wherein the processor further functions as
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condition setting unit for setting a usage condition of the moving body waiting area for the user, based on at least one of: a time during which the moving body charge-discharge control unit collects electric power by discharging the storage battery; an amount of electric power that the moving body charge-discharge control unit collects by discharging the storage battery; a waiting period through which the user leaves the electric moving body in the moving body waiting area; and a remaining electricity storage amount of the storage battery at a time when the user starts having the electric moving body wait in the moving body waiting area, the storage battery being provided in the electric moving body.
Andrews teaches wherein the processor further functions as usage condition setting unit for setting a usage condition of the moving body waiting area for the user, based on at least one of: a time during which the moving body charge-discharge control unit collects electric power by discharging the storage battery; an amount of electric power that the moving body charge-discharge control unit collects by discharging the storage battery; a waiting period through which the user leaves the electric moving body in the moving body waiting area; and a remaining electricity storage amount of the storage battery at a time when the user starts having the electric moving body wait in the moving body waiting area, the storage battery being provided in the electric moving body (paragraphs [0057]-[0058] teaches wherein the power usage at the parking site is monitored. The vehicle battery draws the electricity and the server monitors the total usage while the vehicle is parked at the site).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the charging system of the Kogo reference with the parking reservation system of the Andrews reference so that the electric vehicle (EV) may be charged at times with lower electricity prices.
The suggestion/motivation for combination can be found in the Andrews reference in paragraph [0050] wherein charging is performed at specific low demand periods.
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Andrews Figure 1 shows an electric vehicle charging station at a parking facility
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Kogo (US 20230229979) in view of Andrews (US 20140266004) and in further view of in view of Ahmed (US 20190232792) as applied to claim 1 and in further in view of Leary (US 20150042278).
Regarding claim 5, Kogo, Andrews, and Ahmed teach the power storage management system according to claim 1, but does not explicitly teach wherein the moving body charge-discharge control unit performs charge-discharge control, the charge-discharge control moving electric charges of storage batteries among a plurality of the electric moving bodies left in the moving body waiting area, the storage batteries being provided in a plurality of the electric moving bodies.
Leary teaches wherein the moving body charge-discharge control unit performs charge-discharge control, the charge-discharge control moving electric charges of storage batteries among a plurality of the electric moving bodies left in the moving body waiting area, the storage batteries being provided in a plurality of the electric moving bodies (figures 11 and 12 wherein coordinator item 30 controls the charging and discharging amongst a plurality of electric vehicles (EV) to and from the grid. Paragraphs [0050], [0078], [0083] and [0088] wherein the coordinator controls the charging and discharging of the electric vehicles).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the charging system of the Kogo, Andrews, and Ahmed reference with the parking reservation system of the Leary reference so that the costs of the electric vehicle infrastructure are reduced.
The suggestion/motivation for combination can be found in the Leary reference in paragraph [0094] wherein the costs of managing the EV charging infrastructure is reduced.
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Leary Figure 11 shows a mesh network of charging and discharging control of the coordinator item 30
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Kogo (US 20230229979) in view of Leary (US 20150042278).
Regarding claim 20, Kogo teaches a power storage management system (shown in figure 1 item 1 defined as a charging reservation system),
comprising a processor that, via a communication network, communicates with an electric moving body used by a user, which includes a position detection sensor, and that acquires a current position of the electric moving body (Figure 1 shows communication via a mobile terminal, mobile communication terminal item 6. Figure 3 show wherein a processor is interpreted as a central processing unit (CPU) item 43, within a server item 4),
wherein the processor functions as: a travel plan recognition unit for recognizing a travel plan including scheduled start date and time and scheduled end date and time of a travel of the user (defined in paragraph [0010] as a travel route or an operation plan. Paragraph [0008] teaches an operation plan acquisition unit that acquires an operation plan of a user or driver. Paragraph [0017] discloses a position acquisition unit which acquires the position of the electric moving body (an electric vehicle). Paragraphs [0053]- [0054] teaches wherein the travel plan, or route includes a scheduled start time and travel time of the user);
a moving body waiting period estimation unit for estimating a period from the scheduled start date and time to the scheduled end date and time of the travel as a waiting period based on the travel plan, the waiting period being a period through which the user is to leave the electric moving body in a predetermined moving body waiting area (paragraph [0039] teaches a moving body waiting period estimation unit, interpreted as a server 4 makes a time period reservation of the charging device 2 based on the operation plan or travel route. Paragraph [0043] teaches wherein a waiting period is determined based on a reservation period of the charging device. During this reservation period, the moving body (a vehicle) is left waiting at the charging device for a period of time to receive charging); and
a moving body charge-discharge control unit for charging to or discharging from a commercial power grid or another electric moving body, a storage battery in the waiting period, the storage battery being provided in the electric moving body left in the moving body waiting area (shown in figure 1 wherein a moving body charge-discharge unit, interpret as an electric vehicle charging device, which provides charge to a battery with in a vehicle item 7. Defined in paragraphs [0025], [0061] and [0062] wherein the vehicle battery is charged),
Kogo does not explicitly teach wherein the moving body charge-discharge control unit performs charge-discharge control, the charge-discharge control moving electric charges of storage batteries among a plurality of the electric moving bodies left in the moving body waiting area, the storage batteries being provided in a plurality of the electric moving bodies.
Leary teaches wherein the moving body charge-discharge control unit performs charge-discharge control, the charge-discharge control moving electric charges of storage batteries among a plurality of the electric moving bodies left in the moving body waiting area, the storage batteries being provided in a plurality of the electric moving bodies (figures 11 and 12 wherein coordinator item 30 controls the charging and discharging amongst a plurality of electric vehicles (EV) to and from the grid. Paragraphs [0050], [0078], [0083] and [0088] wherein the coordinator controls the charging and discharging of the electric vehicles).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the charging system of the Kogo, Andrews, and Ahmed reference with the parking reservation system of the Leary reference so that the costs of the electric vehicle infrastructure are reduced.
The suggestion/motivation for combination can be found in the Leary reference in paragraph [0094] wherein the costs of managing the EV charging infrastructure is reduced.
Response to Arguments
Applicant's arguments filed 12/01/2025 have been fully considered but they are not persuasive. Regarding claim 1, the applicant amended the claim overcome the ground for rejection. This is not persuasive due the reasons above. The amended claims not do not overcome the applied 101 rejection.
The claims do not fall within at least one of the four categories of patent eligible subject matter because the claims are directed to a judicial exception (i.e. an abstract idea) without significantly more.
Step 2A, Prong One: Judicial Exception
The claims are directed to certain methods of organizing human activity and mental processes, such as:
Recognizing a travel plan/reservation information including scheduled start and end times (claims 1 – 3 and 20)
Estimating a waiting/parking period based on the travel plan during which the electric moving body is left in a waiting area (claims 1, 3, and 6)
Performing charge-discharge management of a storage battery based on User schedule reservation or supply-demand information (claims 1, 5, 6 and 20).
These limitations describe collecting information (e.g. travel plan, reservation
information, position), estimating, and determining a timing for resource use based on schedule information which constitutes:
Certain methods of organizing human activity (planning and scheduling use of a resource), and
Mental processes, as the estimation and determination steps recite concepts that can be performed by the human mind or with pen and paper even if implemented by a processor.
Such concepts are mental processes and fundamental practices that can be performed as mathematical relationships or as methods of organizing human activity, which fall within the judicial exceptions to §101 as Abstract Ideas.
Step 2A, Prong Two: Integration into a Practical Application
The claims do not integrate the Abstract Idea into a Practical Application. Although the claims recite physical components including:
an electric moving body
a position detection sensor
a storage battery, and
charging or discharging from a commercial power grid or another moving body,
the claims merely USe these components as generic tools to implement the Abstract Idea of estimating a waiting period based on travel scheduling and USing that estimate to control charging.
Specifically:
the claim does not recite any improvement to battery technology, charging circuitry, power electronics or grid interaction.
The charge-discharge control is triggered based on the estimated waiting period, which itself is derived from scheduling planning information.
The claim does not specify how charging or discharging is technically performed, modified or improved; rather it applies the abstract decision to conventional charging operations.
The courts have identified limitations that did not integrate a judicial exception into a practical application:
Merely reciting the words “apply it” (or an equivalent) with the judicial exception, or merely including instructions to implement an abstract idea on a computer, or merely using a computer as a tool to perform an abstract idea, as discussed in MPEP § 2106.05(f);
Step 2B:
The claims do no recite additional elements that amount to significantly more than the abstract idea itself.
The processor, communication network, sensor, storage batteries, and charging operations are recited at a high level of generality and perform their expected conventional functions.
The claims do not include:
Unconventional hardware,
Non-routine charging behavior
Or a technical solution to a technical problem
Accordingly, the claims amount to no more than implementing an Abstract Idea using generic components which is insufficient to confer patent eligibility to an otherwise abstract idea. The claims recite charging and discharging of a storage battery, but physical execution alone does not confer eligibility. The charging occurs based on an Abstract waiting-period estimation, and the claim does not improve the technical manner in which the charging is performed.
The amended claims overcome the rejections under 35 U.S.C. §112(b).
Applicant’s arguments with respect to the rejections of claim 5 under Caveney have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground of rejection is made in view of Leary (US 20150042278).
Regarding claim 1, the applicant argues that the Kogo reference, “merely disclose that the time period reservation of the charging device 2 is made based on the operation plan of the electric vehicle 7.” Kogo teaches a charging reservation system as disclosed in paragraph [0010] with a reservation unit that makes a time period reservation of the charging device that is located at the work place set in the operation plan. Paragraph [0042] discloses that the operation plan of a vehicle includes when a vehicle is parked at a location and is loading or unloading cargo. The time period of when this vehicle is parked at a location during an operation, is a waiting period, like that of a vehicle parked at an airport parking lot. The vehicle is parked at a specific time and this time is determined based on the operation plan. Paragraph [0050] discloses wherein a time period reservation is made based on the travel plan or operation plan of the vehicle. The applicant’s claims disclose estimating a time period for a vehicle parked at a location. Kogo discloses a system which estimates a time and makes a reservation for charging during the time estimation.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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US 20180241229 A1 Server For Charge-Discharge System Kitaoka; Hironobu Et Al.
US 20220051568 A1 Demand-Based Control Schemes Kessler; Patrick
US 20220050143 A1 Electric Vehicle Charging Maeda; Eri Izumi Et Al.
US 20160311334 A1 Light Electric Vehicle Ride Share Moravick; Keith Edward Et Al.
US 20240005236 A1 Charging/Discharging Control Device Okumura; Yuta
US 20210180970 A1 Scheduling Method Park; Joon Young
US 20170176195 A1 Vehicle Power Management Rajagopalan; Sai S. Et Al.
US 20160221456 A1 Smart Energy Management Rhodes; Kevin James Et Al.
US 20150149221 A1 Charging Electric Vehicles Tremblay; Martin
US 8725331 B2 Charge-Discharge Management For Vehicle Yoshida; Ichiro
US 20180361870 A1 Smart-Charging Stations Zhao; Xiang Et Al.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXIS B PACHECO whose telephone number is (571)272-5979. The examiner can normally be reached M-F 9:00 - 5:30.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Julian Huffman can be reached at 571-272-2147. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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ALEXIS BOATENG PACHECO
Primary Examiner
Art Unit 2859
/ALEXIS B PACHECO/Primary Examiner, Art Unit 2859