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 .
Claim Status
Claims 15-34 are pending. Claims 1-14 are previously canceled. Claims 15, 28, and 33-34 are amended. Claims 16-27 and 29-32 are previously presented.
Response to Arguments
Applicant's arguments filed 8/25/2025 have been fully considered but they are not persuasive.
In response to arguments on pages 8-11 of the remarks regarding the rejection under 35 USC 101, it is submitted that the amended recitation of a "communication signal monitoring device" does not constitute a practical application of the abstract idea. Specifically, while the independent claims recite the abstract idea of determining a marginal operation or failure condition, this determination is not utilized by the method or apparatus to implement a transformative step or function. Furthermore, the method and apparatus do not employ a specific or particular machine, relying instead on generic computer components. It is therefore maintained that the claims are not eligible under 35 USC 101.
In response to arguments on pages 11-12 of the remarks regarding the rejection under 35 USC 102 as anticipated by HARDY, it is submitted that HARDY discloses determining marginal or failure conditions for both successful and unsuccessful charging sessions. This is indicated in the cited paragraphs as explained in the rejection. Applicant has not specifically argued against or commented on the cited paragraphs which teach analyzing the EV charging session information when it is determined to indicate successful completion. It is maintained that HARDY discloses the method as applied to claim 15, the processing device as applied to claim 33, and the non-transitory computer readable medium as applied to claim 34.
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 15-32 and 34 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (abstract idea) without reciting additional elements that integrate the judicial exception into a practical application. Moreover, the claims do not appear to recite additional elements that amount to significantly more than the judicial exception.
Claim 15 recites a method for determining a marginal operation condition or a failure condition associated with an EV charging session. The recited steps are directed to data manipulation and/or calculations that may be performed through a mental process and is thus considered a Judicial Exception. These limitations appear to be an attempt to generally link the use of the judicial exception to the use of circuitry (i.e., “a processing device”). The “at least one processor of a processing device” and “communication signal monitoring device” are considered additional elements, but they are not a practical application of the abstract idea of “determining a marginal operation condition or a failure condition”. The recited method does no more than automate the mental processes that a user can perform to determine and communicate control instructions. Thus, the claim as a whole does not integrate the recited judicial exception into a practical application.
Finally, the claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception because the “processing device” and “communication signal monitoring device” are recited at a high level of generality.
Claims 16-32 do not appear to make the claims eligible for reasons similar to those noted above and are therefore also rejected under 35 USC 101. It is noted that the recitations in the dependent claims pertain to the field of use of the method, and are not considered a practical application or significantly more than the abstract idea.
Claim 34 recites a computer readable medium with instructions executed by one or more processors for determining a marginal operation condition or a failure condition associated with an EV charging session. The recited steps which measure or determine are directed to data manipulation and/or calculations that may be performed through a mental process and is thus considered a Judicial Exception. These limitations appear to be an attempt to generally link the use of the judicial exception to the use of circuitry (“computer readable medium”, “one or more processors”). The “computer readable medium”, “processing device”, and “communication signal monitoring device” are considered additional elements, but they are not a practical application of the abstract idea of “determining a marginal operation condition or a failure condition”. The recited circuitry does no more than automate the mental processes that a user can perform to determine and communicate control instructions. Thus, the claim as a whole does not integrate the recited judicial exception into a practical application.
Finally, the claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception because the “computer readable medium”, “processing device”, and “communication signal monitoring device” are recited at a high level of generality.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 15-18, 20-25, 28-31, and 33-34 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by HARDY (US PG Pub 2015/0346288; cited on IDS; cited in previous office action).
Regarding claim 15, HARDY discloses a method implemented on at least one processor of a processing device (326, Fig. 3; ¶ 0058-0059) for controlling an electric vehicle (EV) charging operation (this is a statement of intended use and is not considered a limitation), the method comprising:
receiving session success information (¶ 0138: Once the ECVS 101 and the EV 111 are connected to the device 104, the EVCS and electric vehicle will exchange PROXIMITY signals. This is monitored by the device 104 at 830. This will be followed by an exchange of the CONTROL PILOT protocol. This is also monitored by the device 104 at 831. If an invalid exchange is detected, then an error report will be generated at 810. While the charging sequence is running it is monitored for out of specification operation at 832 which is reported at 814 if detected….a stable charging situation is reached between the ECVS 101 and the EV 111; the exchanges between the EVCS and the electric vehicle signify session success information when the stable charging situation is reached) from a communication signal monitoring device (comprising 338, 339, and/or 351, Fig. 3) communicatively coupled with the at least one processor (¶ 0058: digital processing means (DPM) 326 generally contains at least programmable logic, a microprocessor core, flash memory, and RAM memory. In this particular embodiment it also contains several low resolution ADCs 351; ¶ 0077: the resistor network with a 330 ohm resistor and 2.7 k ohm resistor together with the buffer amplifier 601 correspond with signal conditioning circuitry 338 in FIG. 3 and proximity interface 516 in FIG. 5; ¶ 0078: signal conditioning 339 in FIG. 3 and pilot interface 517 in FIG. 5 is shown in more detail in FIG. 6. A buffer amplifier 602 delivers the CP signal to one of the ADCs 351 that are part of the digital processing means 326. This signal may be digitized at a rate of 100K samples per second or higher. This allows amplitudes, frequency, and pulse width to be monitored), wherein the session success information was generated from a controller of an EV charging apparatus (EVCS 101, Fig. 3; ¶ 0035: The term “electric vehicle charging station (EVCS)” may be used interchangeably with other known industry terms such as “electric vehicle supply equipment (EVSE); ¶ 0083: EVSE presents available load on a control pilot signal, implying a controller);
determining, from the session success information, whether to analyze EV charging session information associated with charging a given EV (¶ 0098: The device 104 may measure all of the signals transmitted between the EVCS and the EV, verify communications protocols and accuracy, and measure the energy delivered to the vehicle by the EVCS; ¶ 0138: the device 104 may create and store a report of the complete charging session and test results); and
when the session success information is determined to indicate successful completion of an EV charging session (¶ 0129: If the exchanges were successful, the EVCS will start delivering power. Otherwise, an error may be reported at 810; ¶ 0138: Once the ECVS 101 and the EV 111 are connected to the device 104, the EVCS and electric vehicle will exchange PROXIMITY signals. This is monitored by the device 104 at 830. This will be followed by an exchange of the CONTROL PILOT protocol. This is also monitored by the device 104 at 831. If an invalid exchange is detected, then an error report will be generated at 810. While the charging sequence is running it is monitored for out of specification operation at 832 which is reported at 814 if detected. Load current is also monitored and optionally recorded at 833. Once a stable charging situation is reached between the ECVS 101 and the EV 111, a pulse based energy measurement will begin on the first energy pulse detected at 834. Pulse based energy measurement will be terminated on the last valid energy pulse received during stable charging at 835. When initiated by the electric vehicle 111 the termination sequence on the CONTROL PILOT line will be monitored and validated by the device 104 at 836), analyzing the EV charging session information to determine a marginal operating condition or a failure condition associated with the EV charging session (¶ 0117: The device 104 may create a test report at 819 that presents the accuracy of the metering of the EVCS as computed by comparison with the energy pulse output of the EVCS; ¶ 0132: Both total energy delivered and pulse based accuracy measurements may be made; ¶ 0098: The device 104 may measure all of the signals transmitted between the EVCS and the EV, verify communications protocols and accuracy, and measure the energy delivered to the vehicle by the EVCS; ¶ 0138: the device 104 may create and store a report of the complete charging session and test results; the report/test results occur for both successful and unsuccessful completion of charging session).
Regarding claim 16, HARDY discloses providing an EV charging operation control output to a given EV charging device, to cause a change in operation of the given EV charging device during a given EV charging session (¶ 0074, 0084-0085, 0129).
Regarding claim 17, HARDY discloses the given EV charging device is the given EV or the EV charging apparatus (¶ 0074, 0084-0085, 0129).
Regarding claim 18, HARDY discloses the change in operation relates to a communication protocol used for transmission and reception of communication signals including given EV charging session information at the given EV charging device or the EV (¶ 0074, 0084-0085, 0129).
Regarding claim 20, HARDY discloses the processing device is of another apparatus (326 is part of 104 as shown in Figure 3) configured to be communicatively coupled to (i) a charging controller of the EV charging apparatus (¶ 0041, 0083) and (ii) a communication link communicatively linking the EV charging apparatus and the given EV (327, 329, Figure 3; ¶ 0041, 0074-0075).
Regarding claim 21, HARDY discloses acquiring given EV charging session related information from a sensor generating sensor information (¶ 0055-0057, 0061-0063).
Regarding claim 22, HARDY discloses the sensor information includes time stamp information indicating times when the sensor information was detected (¶ 0061-0063).
Regarding claim 23, HARDY discloses the sensor is a power line sensor (¶ 0055-0057, 0061-0063).
Regarding claim 24, HARDY discloses the sensor is an environmental sensor (¶ 0090).
Regarding claim 25, HARDY discloses the sensor information includes temperature information (¶ 0084).
Regarding claim 28, HARDY discloses when the session success information is determined to indicate successful completion, the method further comprises storing the EV charging session information in a memory (¶ 0108, 0117, 0129, 0138).
Regarding claim 29, HARDY discloses the analyzing includes determining, from the EV charging session information, at least one of whether (i) a communication handshake is established between the EV charging apparatus and the given EV, (ii) a communication link between the EV charging apparatus and the given EV is concluded, or (iii) a given response is sent from one of the EV charging apparatus and the given EV responsive to a given request sent from the EV charging apparatus and the given EV (¶ 0098, 0108, 0117).
Regarding claim 30, HARDY discloses the analyzing is performed in a case when the session success information is determined to indicate successful completion of the EV charging session (¶ 0117, 0138).
Regarding claim 31, HARDY discloses capturing, from a pilot line communicatively linking the given EV with the EV charging apparatus, at least one signal of a pulse width modulated (PWM) signal or power line communication (PLC) signal indicating EV charging session information associated with charging the given EV by the EV charging apparatus (¶ 0083: the available load is not known until the EVSE presents the PWM signal on the control pilot signal 517) and extracting the EV charging session information from the at least one signal according to an Internet protocol layer (¶ 0045: an internet protocol communication scheme …. over the control pilot).
Regarding claim 33, HARDY discloses a processing device (¶ 0036: a portable instrument or device 104 which contains all the necessary means for performing its functions. It may use an internal load, separate programmable load, or an electric vehicle (EV) as load for testing) for controlling an electric vehicle (EV) charging operation (this is a statement of intended use and is not considered a limitation), the processing device comprising:
at least one processor (326, Fig. 3; ¶ 0058-0059);
a communication device communicatively coupled with the at least one processor (¶ 0036: The device 104 may also contain communication ports such as Ethernet and USB 116) and
a communication signal monitoring device communicatively coupled with the at least one processor (¶ 0074: two communications lines PROXIMITY detect 328 and CONTROL PILOT 327; ¶ 0075: For convenience, the monitoring circuitry for the PROXIMITY detect 328 and CONTROL PILOT 327 signals may be located in the device 104), wherein the at least one processor is configured for:
determining, from session success information (¶ 0138: Once the ECVS 101 and the EV 111 are connected to the device 104, the EVCS and electric vehicle will exchange PROXIMITY signals. This is monitored by the device 104 at 830. This will be followed by an exchange of the CONTROL PILOT protocol. This is also monitored by the device 104 at 831. If an invalid exchange is detected, then an error report will be generated at 810. While the charging sequence is running it is monitored for out of specification operation at 832 which is reported at 814 if detected….a stable charging situation is reached between the ECVS 101 and the EV 111) from a controller of an EV charging apparatus (EVCS 101, Fig. 3; ¶ 0035: The term “electric vehicle charging station (EVCS)” may be used interchangeably with other known industry terms such as “electric vehicle supply equipment (EVSE); ¶ 0083: EVSE presents available load on a control pilot signal, implying a controller), whether to analyze EV charging session information associated with charging a given EV (¶ 0098: The device 104 may measure all of the signals transmitted between the EVCS and the EV, verify communications protocols and accuracy, and measure the energy delivered to the vehicle by the EVCS; ¶ 0138: the device 104 may create and store a report of the complete charging session and test results); and
when the session success information is determined to indicate successful completion of an EV charging session (¶ 0129: If the exchanges were successful, the EVCS will start delivering power. Otherwise, an error may be reported at 810; ¶ 0138: Once the ECVS 101 and the EV 111 are connected to the device 104, the EVCS and electric vehicle will exchange PROXIMITY signals. This is monitored by the device 104 at 830. This will be followed by an exchange of the CONTROL PILOT protocol. This is also monitored by the device 104 at 831. If an invalid exchange is detected, then an error report will be generated at 810. While the charging sequence is running it is monitored for out of specification operation at 832 which is reported at 814 if detected. Load current is also monitored and optionally recorded at 833. Once a stable charging situation is reached between the ECVS 101 and the EV 111, a pulse based energy measurement will begin on the first energy pulse detected at 834. Pulse based energy measurement will be terminated on the last valid energy pulse received during stable charging at 835. When initiated by the electric vehicle 111 the termination sequence on the CONTROL PILOT line will be monitored and validated by the device 104 at 836), analyzing the EV charging session information to determine a marginal operating condition or a failure condition associated with the EV charging session (¶ 0117: The device 104 may create a test report at 819 that presents the accuracy of the metering of the EVCS as computed by comparison with the energy pulse output of the EVCS; ¶ 0132: Both total energy delivered and pulse based accuracy measurements may be made; ¶ 0098: The device 104 may measure all of the signals transmitted between the EVCS and the EV, verify communications protocols and accuracy, and measure the energy delivered to the vehicle by the EVCS; ¶ 0138: the device 104 may create and store a report of the complete charging session and test results; the report/test results occur for both successful and unsuccessful completion of charging session).
Regarding claim 34, HARDY discloses a non-transitory computer readable medium (¶ 0058: memory) comprising a plurality of machine-readable instructions (¶ 0132: device 104 software) which when executed by one or more processors of a processing device (326, Fig. 3; ¶ 0058-0059) are adapted to cause the processing device to perform a method for controlling an electric vehicle (EV) charging operation (this is a statement of intended use and is not considered a limitation), the method comprising:
receiving session success information (¶ 0138: Once the ECVS 101 and the EV 111 are connected to the device 104, the EVCS and electric vehicle will exchange PROXIMITY signals. This is monitored by the device 104 at 830. This will be followed by an exchange of the CONTROL PILOT protocol. This is also monitored by the device 104 at 831. If an invalid exchange is detected, then an error report will be generated at 810. While the charging sequence is running it is monitored for out of specification operation at 832 which is reported at 814 if detected….a stable charging situation is reached between the ECVS 101 and the EV 111; the exchanges between the EVCS and the electric vehicle signify session success information when the stable charging situation is reached) from a communication signal monitoring device (comprising 338, 339, and/or 351, Fig. 3) communicatively coupled with the at least one processor (¶ 0058: digital processing means (DPM) 326 generally contains at least programmable logic, a microprocessor core, flash memory, and RAM memory. In this particular embodiment it also contains several low resolution ADCs 351; ¶ 0077: the resistor network with a 330 ohm resistor and 2.7 k ohm resistor together with the buffer amplifier 601 correspond with signal conditioning circuitry 338 in FIG. 3 and proximity interface 516 in FIG. 5; ¶ 0078: signal conditioning 339 in FIG. 3 and pilot interface 517 in FIG. 5 is shown in more detail in FIG. 6. A buffer amplifier 602 delivers the CP signal to one of the ADCs 351 that are part of the digital processing means 326. This signal may be digitized at a rate of 100K samples per second or higher. This allows amplitudes, frequency, and pulse width to be monitored), wherein the session success information was generated from a controller of an EV charging apparatus (EVCS 101, Fig. 3; ¶ 0035: The term “electric vehicle charging station (EVCS)” may be used interchangeably with other known industry terms such as “electric vehicle supply equipment (EVSE); ¶ 0083: EVSE presents available load on a control pilot signal, implying a controller);
determining, from the session success information, whether to analyze EV charging session information associated with charging a given EV (¶ 0098: The device 104 may measure all of the signals transmitted between the EVCS and the EV, verify communications protocols and accuracy, and measure the energy delivered to the vehicle by the EVCS; ¶ 0138: the device 104 may create and store a report of the complete charging session and test results); and
when the session success information is determined to indicate successful completion of an EV charging session (¶ 0129: If the exchanges were successful, the EVCS will start delivering power. Otherwise, an error may be reported at 810; ¶ 0138: Once the ECVS 101 and the EV 111 are connected to the device 104, the EVCS and electric vehicle will exchange PROXIMITY signals. This is monitored by the device 104 at 830. This will be followed by an exchange of the CONTROL PILOT protocol. This is also monitored by the device 104 at 831. If an invalid exchange is detected, then an error report will be generated at 810. While the charging sequence is running it is monitored for out of specification operation at 832 which is reported at 814 if detected. Load current is also monitored and optionally recorded at 833. Once a stable charging situation is reached between the ECVS 101 and the EV 111, a pulse based energy measurement will begin on the first energy pulse detected at 834. Pulse based energy measurement will be terminated on the last valid energy pulse received during stable charging at 835. When initiated by the electric vehicle 111 the termination sequence on the CONTROL PILOT line will be monitored and validated by the device 104 at 836), analyzing the EV charging session information to determine a marginal operating condition or a failure condition associated with the EV charging session (¶ 0117: The device 104 may create a test report at 819 that presents the accuracy of the metering of the EVCS as computed by comparison with the energy pulse output of the EVCS; ¶ 0132: Both total energy delivered and pulse based accuracy measurements may be made; ¶ 0098: The device 104 may measure all of the signals transmitted between the EVCS and the EV, verify communications protocols and accuracy, and measure the energy delivered to the vehicle by the EVCS; ¶ 0138: the device 104 may create and store a report of the complete charging session and test results; the report/test results occur for both successful and unsuccessful completion of charging session).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over HARDY as applied to claims 15-18, 20-25, 28-31, and 33-34 above, and further in view of NOJIMA (US PG Pub 2013/0116886; cited on IDS; cited in previous office action).
Regarding claim 19, HARDY discloses the method as applied to claim 15 but fails to disclose the EV charging apparatus includes the processing device.
NOJIMA discloses the EV charging apparatus includes the processing device (¶ 0058: The independent monitoring system 2 may advantageously be situated within the EVSE enclosure ….or the EVSE charger enclosure).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include the EV charging apparatus includes the processing device in order to improve convenience by, e.g., allowing users to manage tasks of the charging apparatus and the processing device from one interface or location.
Claim(s) 26-27 is/are rejected under 35 U.S.C. 103 as being unpatentable over HARDY as applied to claims 15-18, 20-25, 28-31, and 33-34 above, and further in view of GHARABEGIAN (US PG Pub 2017/0318921; cited in previous office action).
Regarding claim 26, HARDY discloses the method as applied to claim 24 but fails to disclose the sensor information includes wind speed information.
GHARABEGIAN discloses the sensor information includes wind speed information (¶ 0106).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include the sensor information includes wind speed information in order to determine if abnormal conditions are being experienced by the charging system (GHARABEGIAN, ¶ 0106).
Regarding claim 27, HARDY discloses the method as applied to claim 24 but fails to disclose the sensor information includes precipitation information.
GHARABEGIAN discloses the sensor information includes precipitation information (¶ 0106).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include the sensor information includes precipitation information in order to determine if abnormal conditions are being experienced by the charging system (GHARABEGIAN, ¶ 0106).
Claim(s) 32 is/are rejected under 35 U.S.C. 103 as being unpatentable over HARDY as applied to claims 15-18, 20-25, 28-31, and 33-34 above, and further in view of HEINRICH (US PG Pub 2014/0036989; cited on IDS; cited in previous office action).
Regarding claim 32, HARDY discloses the method as applied to claim 31 but fails to disclose the at least one signal includes at least one of a Signal Level Attenuation Characterization (SLAC) message or an ISO/IEC 15118 message compliant to at least one version of an ISO/IEC 15118 standard.
HEINRICH discloses the at least one signal includes an ISO/IEC 15118 message compliant to at least one version of an ISO/IEC 15118 standard (¶ 0004).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include the ISO/IEC 15118 message in order to provide compatibility with standardized vehicle charging systems for increased user convenience.
Conclusion
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 MANUEL HERNANDEZ whose telephone number is (571)270-7916. The examiner can normally be reached Monday-Friday 9a-5p ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Drew Dunn can be reached at (571) 272-2312. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Manuel Hernandez/Examiner, Art Unit 2859 11/24/2025
/DREW A DUNN/Supervisory Patent Examiner, Art Unit 2859