Prosecution Insights
Last updated: April 19, 2026
Application No. 18/099,493

CONTROL APPARATUS

Final Rejection §103
Filed
Jan 20, 2023
Examiner
HERNANDEZ, MANUEL J
Art Unit
2859
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
DENSO CORPORATION
OA Round
2 (Final)
51%
Grant Probability
Moderate
3-4
OA Rounds
3y 8m
To Grant
96%
With Interview

Examiner Intelligence

Grants 51% of resolved cases
51%
Career Allow Rate
335 granted / 658 resolved
-17.1% vs TC avg
Strong +45% interview lift
Without
With
+45.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 8m
Avg Prosecution
76 currently pending
Career history
734
Total Applications
across all art units

Statute-Specific Performance

§101
4.0%
-36.0% vs TC avg
§103
54.1%
+14.1% vs TC avg
§102
23.7%
-16.3% vs TC avg
§112
17.0%
-23.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 658 resolved cases

Office Action

§103
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 . Response to Arguments Applicant's arguments filed 2/2/2026 have been fully considered but they are not persuasive. In response to arguments on page 8 of the remarks that primary reference SHIMAUCHI does not disclose the recitations “adjust each of a timing at which charging of each vehicle is performed and a timing at which the temperature regulator of each of the plurality of vehicles is operated” as recited in independent claim 1, and similarly in independent claim 10, it is first noted that the claims do not describe how the timing of charging and temperature regulation is adjusted, allowing for a broad interpretation. Regarding the recitation “adjust… a timing at which charging of each vehicle is performed”, paragraphs 0059 and 0063 of SHIMAUCHI disclose controlling the time of charging of each vehicle based on a respective rank of each vehicle. In addition, paragraphs 0064-0066 describe how the processor (central control unit 20) determines the rank of each vehicle. Newly found reference JUHASZ (US Pub. No. 2014/0125279) discloses adjusting the rank of each vehicle (and therefore adjusting the timing of charging of each vehicle), e.g., based on priority or premium payment, as disclosed in the cited paragraphs. It is therefore submitted that JUHASZ discloses the recitation within the broadest reasonable interpretation of the claim language. Regarding the recitation “adjust…a timing at which the temperature regulator of each of the plurality of vehicles is operated”, it is first noted that while paragraph 0067 discloses the individual control unit 28 handles the cooling for its respective vehicle, paragraph 0043 discloses an alternative arrangement without individual control units, wherein the center control unit 20 (which is relied upon to show the recited processor) would handle the cooling for all vehicles. Paragraphs 0067-0068 discloses the timing of the temperature regulation is dependent on when the vehicle battery is to be charged, i.e., it is dependent on the respective rank of the vehicle, and is dependent on the battery temperature. Paragraph 0075 discloses whether to maintain the temperature regulation based on the amount of cooling of an internal cooling device and the amount of heat generation by the battery. Therefore, since SHIMAUCHI discloses controlling when to start temperature regulation based on the respective rank of each vehicle and the battery temperature, and controlling whether to maintain the temperature regulation based on the amount of cooling of an internal cooling device and the amount of heat generation by the battery, SHIMAUCHI teaches the processor adjusts a timing at which the temperature regulator of each of the plurality of vehicles is operated, within the broadest reasonable interpretation of the claim language. The rejection is therefore maintained. Claim Rejections - 35 USC § 103 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 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. 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. 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. Claim(s) 1-8 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over SHIMAUCHI (US PG Pub 2019/0241093; cited in previous office action) in view of JUHASZ (US Pub. No. 2014/0125279). Regarding claim 1, SHIMAUCHI discloses a control apparatus (20, Figs. 1 & 2; ¶ 0043: While one individual control unit 28 is provided in each charging stand 12 in this example, the individual control unit 28 may be omitted. In this case, one central control unit 20 controls pluralities of charging units 24, external cooling devices 26, and others) that controls charging of a vehicle (100, Figs. 1 & 2) from a power supply apparatus (¶ 0040: charging unit 24 converts alternating-current power from a commercial power source into direct-current power and transmits this direct-current power, and includes an AC-DC converter and the like), the power supply apparatus being capable of simultaneously connecting a plurality of vehicles (¶ 0060: central control unit 20 can charge a plurality of electric vehicles 100 at the same time) by at least one cable (¶ 0037: charging stand 12 is further provided with a charging plug 14 that is detachably attached to an inlet 102 of the electric vehicle 100), and the vehicle including a storage battery (106, Fig. 2) that stores therein electric power that is supplied (¶ 0036: charging station 10 is a facility that charges an in-vehicle battery 106 mounted in an electric vehicle 100), and a temperature regulator (108, Fig. 2) that adjusts a temperature of the storage battery (¶ 0045: internal cooling device 108 is a cooling device that is provided in the electric vehicle 100 to cool the in-vehicle battery 106), the control apparatus (20, Figs. 1 & 2) comprising a processor (¶ 0043: individual control unit 28 controls driving of the communication I/F 22, the charging unit 24, the external cooling device 26, etc., and includes, for example, a CPU that performs various calculations and a memory that stores various data and programs…While one individual control unit 28 is provided in each charging stand 12 in this example, the individual control unit 28 may be omitted. In this case, one central control unit 20 controls pluralities of charging units 24, external cooling devices 26, and others) configured to: adjust electric power that is supplied to the vehicle (¶ 0040: value of electricity supplied from the charging unit 24 can be changed as necessary. For example, a large amount of electricity is supplied when charging is required to be completed in a short time, and a small amount of electricity is charged when a temperature rise of the in-vehicle battery 106 should be avoided; ¶ 0043: individual control unit 28 drives the charging unit 24, etc. according to a command from the central control unit 20 to charge or cool the corresponding in-vehicle battery 106. As necessary, the individual control unit 28 transmits to the central control unit 20 various data sent from the electric vehicle 100. There is a plurality of individual control units 28, and these individual control units 28 and one central control unit 20 function as an off-vehicle control unit that controls driving of the charging unit 24 and the external cooling device 26. While one individual control unit 28 is provided in each charging stand 12 in this example, the individual control unit 28 may be omitted. In this case, one central control unit 20 controls pluralities of charging units 24; ¶ 0060: the central control unit 20 can charge a plurality of electric vehicles 100 at the same time); and [control] a timing at which charging of each vehicle is performed (¶ 0059: central control unit 20 checks whether there is a waiting vehicle on a constant basis (S10). A waiting vehicle refers to a vehicle which is connected to the charging stand 12 and has output a request to start charging to the charging station 10, but of which charging has not yet started. Such a waiting vehicle is given a waiting rank in advance. The waiting rank is a rank in an order of starting charging; ¶ 0063: when the total value of the charging outputs is found to be equal to or smaller than the maximum output electricity of the charging station 10 (Yes in S12), the central control unit 20 gives a command to the charging stand 12 to which the waiting vehicle holding the first waiting rank is connected, to start charging. Thus, charging of the waiting vehicle holding the first waiting rank is started (S14). When charging of one electric vehicle 100 has been started, the central control unit 20 raises the waiting ranks of other waiting vehicles by one (S16)) and adjust a timing at which the temperature regulator of each of the plurality of vehicles is operated (¶ 0041: individual control unit 28 of the charging stand 12 sends a command to start internal cooling, to be described later, and other commands to the electric vehicle 100; ¶ 0067: When the in-vehicle battery 106 is to be charged, the individual control unit 28 determines whether the in-vehicle battery 106 needs to be cooled, and if necessary, cools the in-vehicle battery 106; ¶ 0075: when it is determined in step S32 that the amount of cooling by the cooling is equal to or larger than the amount of heat generation by the battery, the individual control unit 28 determines that the in-vehicle battery 106 can be sufficiently cooled by air cooling by the internal cooling device 108 alone, and maintains the current state). SHIMAUCHI fails to disclose the processor is configured to adjust a timing at which charging of each vehicle is performed. JUHASZ discloses the processor (¶ 0032: processor 310 may include hardware, which may be augmented by firmware, for providing functionality and features described herein) is configured to adjust a timing at which charging of each vehicle is performed (¶ 0059: a user may obtain an estimated time to charge his or her vehicle or may be given an option to pay a premium for a higher placement in the queue. The access to the queue may include access to information regarding the current state of the queue or the EVCS--for example, the number of others in the queue; ¶ 0065: queue prioritization parameters define the attributes of the vehicle and/or user that will affect the queue prioritization. These attributes, as discussed more fully below, may include the time of arrival of a vehicle, the current charge of the vehicle, the time necessary to charge a vehicle, the pre-payment of premium payment status of a driver, the driver's membership in a particular group or the driver's employment status with the EVCS operator, a related entity or as an employee of an entity paying the EVCS operator for priority access to one or more EVCS. These are all examples of queue prioritization parameters that may be input by an EVCS operator and may be considered by an EVCS server in performing queue prioritization; ¶ 0067: if the EVCS operator has determined that VIP drivers who have prepaid should always obtain the top spot in the queue. In such an instance, all drivers meeting those criteria will be moved to the top of the queue. The queue prioritization parameters may indicate that employees of entities served by the parking lot (in some cases a single entity) will receive secondary placement in the queue. In other cases, the EVCS operator may indicate in queue prioritization parameters that drivers arriving (or scheduled to arrive) at earlier times will be given priority in the queue; ¶ 0080: premium payment status 818 of the user, such as premium payment status 838, indicates whether or not a user associated with the User ID 832 has paid a premium for higher priority in the queue. If the user has paid a premium, for example, becoming a "monthly member" of a group that operates a number of EVCS or by paying a premium or indicating a willingness to pay a premium, at the time the user requests entry into the queue; ¶ 0083: arrival time may preemptively effect the queue prioritization. For example, as a VIP, prepaid, employee's arrival time approaches, the queue may be reprioritized such that a user currently using the EVCS may receive a notification that his or her access to the EVCS has now ended and requesting that the current user vacate a parking spot associated with the EVCS in order to make way for the much higher priority individual as they arrive; ¶ 0089: the parameters 900 are greatly simplified such that each parameter is ranked according to its, respective priority. So, VIP status 912 is of a higher priority than paying a premium 914, which is in turn higher priority than being an employee 916, which is a higher priority than arrival time 918). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to incorporate adjusting a timing at which charging of each vehicle is performed as disclosed in JUHASZ into the control apparatus of SHIMAUCHI to produce an expected result of a control apparatus which adjusts a timing at which charging of each vehicle is performed. The modification would be obvious because one of ordinary skill in the art would be motivated to provide increased revenue for operators and/or enhanced customer satisfaction through reduced wait times. Regarding claim 2, SHIMAUCHI discloses the processor is further configured to set a priority level for charging for each of the plurality of vehicles and start charging in order from a vehicle that has a highest priority level (¶ 0059, 0064-0066). Regarding claim 3, SHIMAUCHI discloses the plurality of vehicles that are connected to the power supply apparatus include a first vehicle and a second vehicle that has a lower priority level than the first vehicle; and the processor is further configured to also supply electric power to the second vehicle when charging of the first vehicle is being performed (¶ 0059-0063). Regarding claim 4, SHIMAUCHI discloses the processor is further configured to operate the temperature regulator of the second vehicle when charging of the first vehicle is being performed (¶ 0060, 0063, 0067, 0075: multiple vehicles are charged at the same time, and each of the vehicles may operate the temperature regulator during charging). Regarding claim 5, SHIMAUCHI discloses the processor is further configured to, at a timing at which the temperature regulator of the second vehicle is operated, decrease the electric power supplied to the first vehicle (¶ 0040, 0060, 0063, 0067, 0075, 0082: multiple vehicles are charged at the same time, wherein each of the vehicles may operate the temperature regulator during charging, and each of the vehicles have electric power adjusted independently). Regarding claim 6, SHIMAUCHI discloses the plurality of vehicles that are connected to the power supply apparatus include a first vehicle and a second vehicle that has a lower priority level than the first vehicle (¶ 0059, 0064-0066); and when the temperature of the storage battery of the first vehicle is outside a predetermined temperature range that is suitable for charging, the processor is further configured to operate the temperature regulator of the first vehicle (¶ 0067, 0075, 0082) and start supplying electric power to the second vehicle (¶ 0060, 0063). Regarding claim 7, SHIMAUCHI discloses the processor is further configured to start charging of the second vehicle while the temperature regulator of the first vehicle is operating (¶ 0060, 0063, 0067, 0075: multiple vehicles are charged at the same time, and each of the vehicles may operate the temperature regulator during charging). Regarding claim 8, SHIMAUCHI discloses the second vehicle is a vehicle of which the temperature of the storage battery is within the temperature range, among a plurality of vehicles that have lower priority levels than the first vehicle (¶ 0061, 0068, 0082; multiple vehicles are charged at the same time, wherein a lower priority vehicle may be charged at the same time as a higher priority vehicle, and each of the vehicle batteries are monitored to determine if they are within the temperature range). Regarding claim 10, SHIMAUCHI discloses a control method for controlling charging of a vehicle (100, Figs. 1 & 2) from a power supply apparatus (¶ 0040: charging unit 24 converts alternating-current power from a commercial power source into direct-current power and transmits this direct-current power, and includes an AC-DC converter and the like), the power supply apparatus being capable of simultaneously connecting a plurality of vehicles (¶ 0060: central control unit 20 can charge a plurality of electric vehicles 100 at the same time) by at least one cable (¶ 0037: charging stand 12 is further provided with a charging plug 14 that is detachably attached to an inlet 102 of the electric vehicle 100), and the vehicle including a storage battery (106, Fig. 2) that stores therein electric power that is supplied (¶ 0036: charging station 10 is a facility that charges an in-vehicle battery 106 mounted in an electric vehicle 100), and a temperature regulator (108, Fig. 2) that adjusts a temperature of the storage battery (¶ 0045: internal cooling device 108 is a cooling device that is provided in the electric vehicle 100 to cool the in-vehicle battery 106), the control method comprising: adjusting electric power that is supplied to the vehicle (¶ 0040: value of electricity supplied from the charging unit 24 can be changed as necessary. For example, a large amount of electricity is supplied when charging is required to be completed in a short time, and a small amount of electricity is charged when a temperature rise of the in-vehicle battery 106 should be avoided; ¶ 0043: individual control unit 28 drives the charging unit 24, etc. according to a command from the central control unit 20 to charge or cool the corresponding in-vehicle battery 106. As necessary, the individual control unit 28 transmits to the central control unit 20 various data sent from the electric vehicle 100. There is a plurality of individual control units 28, and these individual control units 28 and one central control unit 20 function as an off-vehicle control unit that controls driving of the charging unit 24 and the external cooling device 26. While one individual control unit 28 is provided in each charging stand 12 in this example, the individual control unit 28 may be omitted. In this case, one central control unit 20 controls pluralities of charging units 24; ¶ 0060: the central control unit 20 can charge a plurality of electric vehicles 100 at the same time); and [controlling] a timing at which charging of each vehicle is performed (¶ 0059: central control unit 20 checks whether there is a waiting vehicle on a constant basis (S10). A waiting vehicle refers to a vehicle which is connected to the charging stand 12 and has output a request to start charging to the charging station 10, but of which charging has not yet started. Such a waiting vehicle is given a waiting rank in advance. The waiting rank is a rank in an order of starting charging; ¶ 0063: when the total value of the charging outputs is found to be equal to or smaller than the maximum output electricity of the charging station 10 (Yes in S12), the central control unit 20 gives a command to the charging stand 12 to which the waiting vehicle holding the first waiting rank is connected, to start charging. Thus, charging of the waiting vehicle holding the first waiting rank is started (S14). When charging of one electric vehicle 100 has been started, the central control unit 20 raises the waiting ranks of other waiting vehicles by one (S16)) and adjusting a timing at which the temperature regulator of each of the plurality of vehicles is operated (¶ 0041: individual control unit 28 of the charging stand 12 sends a command to start internal cooling, to be described later, and other commands to the electric vehicle 100; ¶ 0067: When the in-vehicle battery 106 is to be charged, the individual control unit 28 determines whether the in-vehicle battery 106 needs to be cooled, and if necessary, cools the in-vehicle battery 106; ¶ 0075: when it is determined in step S32 that the amount of cooling by the cooling is equal to or larger than the amount of heat generation by the battery, the individual control unit 28 determines that the in-vehicle battery 106 can be sufficiently cooled by air cooling by the internal cooling device 108 alone, and maintains the current state). SHIMAUCHI fails to disclose the control method comprises adjusting a timing at which charging of each vehicle is performed. JUHASZ discloses adjusting a timing at which charging of each vehicle is performed (¶ 0059: a user may obtain an estimated time to charge his or her vehicle or may be given an option to pay a premium for a higher placement in the queue. The access to the queue may include access to information regarding the current state of the queue or the EVCS--for example, the number of others in the queue; ¶ 0065: queue prioritization parameters define the attributes of the vehicle and/or user that will affect the queue prioritization. These attributes, as discussed more fully below, may include the time of arrival of a vehicle, the current charge of the vehicle, the time necessary to charge a vehicle, the pre-payment of premium payment status of a driver, the driver's membership in a particular group or the driver's employment status with the EVCS operator, a related entity or as an employee of an entity paying the EVCS operator for priority access to one or more EVCS. These are all examples of queue prioritization parameters that may be input by an EVCS operator and may be considered by an EVCS server in performing queue prioritization; ¶ 0067: if the EVCS operator has determined that VIP drivers who have prepaid should always obtain the top spot in the queue. In such an instance, all drivers meeting those criteria will be moved to the top of the queue. The queue prioritization parameters may indicate that employees of entities served by the parking lot (in some cases a single entity) will receive secondary placement in the queue. In other cases, the EVCS operator may indicate in queue prioritization parameters that drivers arriving (or scheduled to arrive) at earlier times will be given priority in the queue; ¶ 0080: premium payment status 818 of the user, such as premium payment status 838, indicates whether or not a user associated with the User ID 832 has paid a premium for higher priority in the queue. If the user has paid a premium, for example, becoming a "monthly member" of a group that operates a number of EVCS or by paying a premium or indicating a willingness to pay a premium, at the time the user requests entry into the queue; ¶ 0083: arrival time may preemptively effect the queue prioritization. For example, as a VIP, prepaid, employee's arrival time approaches, the queue may be reprioritized such that a user currently using the EVCS may receive a notification that his or her access to the EVCS has now ended and requesting that the current user vacate a parking spot associated with the EVCS in order to make way for the much higher priority individual as they arrive; ¶ 0089: the parameters 900 are greatly simplified such that each parameter is ranked according to its, respective priority. So, VIP status 912 is of a higher priority than paying a premium 914, which is in turn higher priority than being an employee 916, which is a higher priority than arrival time 918). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to incorporate adjusting a timing at which charging of each vehicle is performed as disclosed in JUHASZ into the control method of SHIMAUCHI to produce an expected result of a control method which adjusts a timing at which charging of each vehicle is performed. The modification would be obvious because one of ordinary skill in the art would be motivated to provide increased revenue for operators and/or enhanced customer satisfaction through reduced wait times. Conclusion THIS ACTION IS MADE FINAL. 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. 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, Taelor Kim can be reached at (571) 270-7166. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /Manuel Hernandez/Examiner, Art Unit 2859 3/6/2026 /TAELOR KIM/Supervisory Patent Examiner, Art Unit 2859
Read full office action

Prosecution Timeline

Jan 20, 2023
Application Filed
Sep 20, 2025
Non-Final Rejection — §103
Feb 02, 2026
Response Filed
Mar 05, 2026
Final Rejection — §103 (current)

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