DETAILED ACTION
This is the fourth Office Action regarding application number 18/142,336, filed on 05/02/2023.
This action is in response to the Applicant’s Response received 03/24/2026.
Status of Claims
Claims 1, 5-13, and 15-19 are currently pending.
Claims 2-4, 14, and 20 are canceled.
Claims 1, 13, 15, and 19 are amended.
Claims 1, 5-13, and 15-19 are examined below.
The rejection of claims under 35 U.S.C. § 112 has been withdrawn in light of the Applicant’s amendments.
The rejection of claims under 35 U.S.C. § 103 has been withdrawn in light of the Applicant’s amendments.
Upon further examination, the Office has set forth a new ground of rejection.
No claim is allowed.
Response to Arguments
The Applicant’s arguments received 03/24/2026 have been carefully considered but they are moot in light of the Office’s new ground of rejection.
The examiner invites Applicant to arrange a telephone interview to discuss the status of this application and any possible amendments or other declarations that may move this application beyond the present rejections.
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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claims 1, 5, 6, 9-12, 19 are rejected under 35 U.S.C. 103 as being unpatentable over KITTO (DE 102009039884 A) in view of THRAMANN (US 2016/0138832 A1), ZHAO (US 2014/0354229 A1), BIANCO (US 2011/0074351 A1), and GERSTADT (US 2022/0242265 A1).
Regarding claims 1 and 19, KITTO teaches an energy storage canopy comprising:
at least one vertical support (column shaft 2) and at least one horizontal support coupled (roof structure 12);
a roof having a top surface (roof edge 13) configured to face a sun and a bottom surface configured to face a ground (underground 4);
at least one solar panel (photovoltaic element 9 with solar cells 11) coupled to the roof above the top surface (Fig. 1);
an energy storage cartridge comprising at least storage battery (battery unit 5 for intermediate storage for solar energy);
at least one power connector operatively coupled to the energy storage cartridge (charging cables 7);
the at least one power connector assembly comprising:
a power cord (charging cables 7); and
a plug assembly configured to couple to an electric vehicle to charge a battery of the electric vehicle (there is means so that the charging cables directly connect and are secured to the electric vehicles, and the examiner interprets this as a generic plug assembly).
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KITTO does not disclose expressly that the power connector assembly includes an articulating arm or a specific plug assembly coupled to the articulating arm. KITTO does not disclose expressly that the roof has a compartment with the energy storage cartridge arranged therein, or an articulating arm extending from the roof. KITTO does not disclose expressly that the power cord is flexible and retractable or extendable from and retractable into the articulating arm, or that the plug assembly has a display and configured to be extended from the distal end of the articulating arm.
THRAMANN teaches a solar canopy with a roof having a compartment including a high capacity storage unit, such as a battery capable of storing between 10-250 kWh of electrical energy (para. 86 and Fig. 3).
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ZHAO teaches an electric vehicle charging station with an overhead mounted movable articulating arm (Fig. 4).
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Skilled artisans would have found it obvious to further modify KITTO and add and position an articulating arm to extend from the roof because this is a simple combination of teachings without any unexpected results, and is a mere repositioning/rearrangement of parts yielding no patentably distinct or surprising results. MPEP 2144.04(VI)(C) and 2143(I)(A). ZHAO also teaches that placement of an articulating arm overhead, such as connected to a roof structure is a well-known alternative option, is such a modification is only the use or application of known techniques to improve known similar devices to yield practicable results with a reasonable expectation of success. MPEP 2143(I)(C-E).
Skilled artisans would have found it further obvious to modify KITTO so that the high-capacity storage battery is arranged in an overhead compartment of a roof because this arrangement allows for improved and easier methods of replacing/swapping out the batteries as taught by THRAMANN (paras. 4-5).
BIANCO teaches a power cord for charging an electric vehicle that is retractable, having a pull member is operatively coupled to the retractable power cord such that a user can pull the pull member to cause the retractable cord to extend (“A spring return device connects with the moveable pulley to urge the pulley to a retracted position,” para. 7). BIANCO explains that power cords with retractable means is “highly disadvantageous” when the cables are left on the garage deck or pavement where they can be easily obscured and/or damaged by vehicles (para. 6). Instead, when the power cord is made to be retractable, the power cord automatically retracts to a height suspended generally above the vehicle and is readily accessible for usage (para. 11).
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Skilled artisans would have found it obvious to modify KITTO and add BIANCO’s retractable power cord and plug to prevent unintentional damage to the power cord and to make it readily accessible for future use, as taught by BIANCO.
GERSTADT teaches an electric vehicle charging system that includes a plug assembly comprising a display, wherein the display on the plug assembly displays total charge 9 and percentage charge 7 (paras. 25-26; Figs. 1 and 2). GERSTADT explains that by integrating a display into the plug allows for charging progress to be visually understood comparatively easily and intuitively (para. 24).
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Skilled artisans would have found it obvious to modify KITTO and add a display to the plug assembly that displays total charge and percentage charge so that charging progress is visually understood comparatively easily and intuitively as taught by GERSTADT.
(Also, BIANCO’s retractable power cord has both a plug 430 and a display window 464 (Fig. 26 and para. 102). BIANCO explains that the display is useful for displaying various required messages (para. 100).)
Regarding claim 3, modified KITTO teaches the energy storage canopy of claim 1 but does not disclose expressly that the plug assembly comprises a plug and a display.
BIANCO teaches a power cord for charging an electric vehicle that is retractable, having a pull member is operatively coupled to the retractable power cord such that a user can pull the pull member to cause the retractable cord to extend (“A spring return device connects with the moveable pulley to urge the pulley to a retracted position,” para. 7). BIANCO explains that power cords with retractable means is “highly disadvantageous” when the cables are left on the garage deck or pavement where they can be easily obscured and/or damaged by vehicles (para. 6). Instead, when the power cord is made to be retractable, the power cord automatically retracts to a height suspended generally above the vehicle and is readily accessible for usage (para. 11). BIANCO’s retractable power cord has both a plug 430 and a display window 464 (Fig. 26 and para. 102). BIANCO explains that the display is useful for displaying various required messages (para. 100).
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Skilled artisans would have found it obvious to modify KITTO and add BIANCO’s retractable power cord and plug to prevent unintentional damage to the power cord and to make it readily accessible for future use, as taught by BIANCO. Addition of a display is useful for displaying various required messages as taught by BIANCO (para. 100).
Regarding claim 4, modified KITTO teaches the energy storage canopy of claim 3 wherein the display comprises a graphical user interface configured to display charge and price data. BIANCO explains that it is preferable to have upon a screen an indication of the charging condition and the cost of the charge (para. 93). Skilled artisans would have found it obvious to modify KITTO and add this information to a screen/GUI so that the vehicle operator is informed of the charging details.
Regarding claim 5, modified KITTO teaches the energy storage canopy of claim 1, wherein the articulating arm comprises an anchor portion and an upper arm portion rotatable coupled to the anchor portion (ZHAO, Fig. 4).
Regarding claim 6, modified KITTO teaches the energy storage canopy of claim 5, wherein the articulating arm comprises a lower arm portion pivotably coupled to the upper arm portion (ZHAO, Fig. 4).
Regarding claim 9, modified KITTO teaches the energy storage canopy of claim 6 comprising a first motor to control the rotation of the upper arm portion with respect to the anchor portion (“one or more joint motors”, ZHAO, para. 38).
Regarding claim 10, modified KITTO teaches the energy storage canopy of claim 9 comprising a second motor to control the pivoting of the lower arm portion with respect to the upper arm portion (“one or more joint motors”, ZHAO, para. 38).
Regarding claim 11, modified KITTO teaches the energy storage canopy of claim 10 comprising a computer to control the first and second motor wherein the computer is configured to cause the plug assembly to electrically couple the energy storage cartridge to the electric vehicle battery (“control/processing routine may be embodied as software or firmware”, ZHAO, para. 38).
Regarding claim 12, modified KITTO teaches the energy storage canopy of claim 11 wherein the computer is configured to receive input from at least one sensor selected from the group of sensors including magnetic sensors, optical sensors, touch sensors, radio frequency sensors, or a combination thereof (“robotic controller 56 may continuously monitor sensory feedback for evidence of contact between the arm and a vehicle”, ZHAO, para. 47).
Regarding claim 20, KITTO teaches the energy storage canopy of claim 19, wherein the means of electrically coupling the plug assembly to the at least one energy storage cartridge comprises an articulating arm (ZHAO teaches an articulating arm).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over KITTO (DE 102009039884 A) in view of BIANCO (US 2011/0074351 A1), THRAMANN (US 2016/0138832 A1), and GERSTADT (US 2022/0242265 A1).
Regarding claim 13, KITTO teaches an energy storage canopy comprising:
a roof (roof structure 12);
a photovoltaic cell coupled to the roof and configured to generate electrical energy (photovoltaic element 9 with solar cells 11);
at least one electric vehicle charging cartridge comprising at least one storage battery and a power control system configured to allow the at least one storage battery to charge a battery of an electric vehicle (battery 5 and charging station 20 is capable of powering multiple electric loads to charge electric vehicles);
a power cord mechanically coupled to the energy storage canopy and electrically coupled to the at least one electric vehicle charging cartridge (charging cables 7); and
a plug assembly coupled to the retractable power cord configured to couple to an electric vehicle (there is means so that the charging cables directly connect and are secured to the electric vehicles, and the examiner interprets this as a generic plug assembly).
KITTO does not disclose expressly that the power cord is retractable, or that a pull member is operatively coupled to the retractable power cord such that a user can pull the pull member to cause the retractable cord to extend. KITTO does not disclose expressly that the roof has a compartment with the energy storage cartridge arranged therein, or that the power cord is mechanically coupled to the roof.
BIANCO teaches a flexible power cord for charging an electric vehicle that is retractable, having a pull member is operatively coupled to the retractable power cord such that a user can pull the pull member to cause the retractable cord to extend (“A spring return device connects with the moveable pulley to urge the pulley to a retracted position,” para. 7). BIANCO explains that power cords without retractable means is “highly disadvantageous” when the cables are left on the garage deck or pavement where they can be easily obscured and/or damaged by vehicles (para. 6). Instead, when the power cord is made to be retractable, the power cord automatically retracts to a height suspended generally above the vehicle and is readily accessible for usage (para. 11).
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Skilled artisans would have found it obvious to modify KITTO and add BIANCO’s retractable flexible power cord and plug to prevent unintentional damage to the power cord and to make it readily accessible for future use, as taught by BIANCO. Since BIANCO’s retractable power cord is clearly illustrated to be positioned overhead, skilled artisans would have sufficient intelligence and creativity to instantly appreciate the obvious and expedient benefits of mechanically coupling this power cord to the roof overhead and above where an electric vehicle would be charging beneath the shading canopy.
THRAMANN teaches a solar canopy with a roof having a compartment including a high capacity storage unit, such as a battery capable of storing between 10-250 kWh of electrical energy (para. 86 and Fig. 3).
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Skilled artisans would have found it further obvious to modify KITTO so that the high-capacity storage battery is arranged in an overhead compartment of a roof because this arrangement allows for improved and easier methods of replacing/swapping out the batteries as taught by THRAMANN (paras. 4-5).
GERSTADT teaches an electric vehicle charging system that includes a plug assembly comprising a display, wherein the display on the plug assembly displays total charge 9 and percentage charge 7 (paras. 25-26; Figs. 1 and 2). GERSTADT explains that by integrating a display into the plug allows for charging progress to be visually understood comparatively easily and intuitively (para. 24).
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Skilled artisans would have found it obvious to modify KITTO and add a display to the plug assembly that displays total charge and percentage charge so that charging progress is visually understood comparatively easily and intuitively as taught by GERSTADT.
(Also, BIANCO’s retractable power cord has both a plug 430 and a display window 464 (Fig. 26 and para. 102). BIANCO explains that the display is useful for displaying various required messages (para. 100).)
Claims 15-18 are rejected under 35 U.S.C. 103 as being unpatentable over KITTO (DE 102009039884 A) in view of BIANCO (US 2011/0074351 A1) and THRAMANN (US 2016/0138832 A1) as applied to claim 13 above, and further in view of MALLON (US 2013/0257373 A1).
Regarding claim 15, modified KITTO teaches the energy storage canopy of claim 13 but does not disclose expressly that the arm is an articulating arm.
MALLON teaches a power cord is mechanically coupled to an articulating arm (Fig. 1A; para. 34, “elongated arm 110 may also include an articulated coupling on the elongated arm 110, in which that the articulated coupling is operable to dispose the charge connector 126 to the charge receptacle 30 such that the free portion 124 remains suspended between the elongated arm and the charge receptacle 30”). MALLON explains the benefits of the disclosed arrangement: Maintaining the charge cable 120 in an elevated, above ground manner protects cables from ground, contamination, chafing/abrasion, dirt, snow and ice etc. protects against trip hazards to passersby, and also avoids vehicles running over the cable 120, as well as preserving end connectors/fittings from damage and contamination (para. 34).
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Skilled artisans would have found it obvious to modify KITTO and coupling the power cord to an articulating arm in order to maintain the charge cable 120 in an elevated, above ground manner protects cables from ground, contamination, chafing/abrasion, dirt, snow and ice etc. protects against trip hazards to passersby, and also avoids vehicles running over the cable 120, as well as preserving end connectors/fittings from damage and contamination as taught by MALLON.
Regarding claim 16, modified KITTO teaches the energy storage canopy of claim 15 comprising a means for moving the articulating arm (pivot is provided so that a user can “pull” the charge connector, MALLON, para. 44).
Regarding claim 17, modified KITTO teaches the energy storage canopy of claim 16 wherein the means is a pull member (technically the charge connector is a “pull member” since a user can certainly pull it).
Regarding claim 18, modified KITTO teaches the energy storage canopy of claim 16 wherein the means is at least one member (there is at least one means/member that is capable of being pulled by a user).
Claims 1, 7, and 8 are rejected under 35 U.S.C. 103 as being unpatentable over KITTO (DE 102009039884 A) in view of MALLON (US 2013/0257373 A1), THRAMANN (US 2016/0138832 A1), ZHAO (US 2014/0354229 A1), and BIANCO (US 2011/0074351 A1).
Regarding claim 1, KITTO teaches an energy storage canopy comprising:
at least one vertical support (column shaft 2) and at least one horizontal support coupled (roof structure 12);
a roof having a top surface (roof edge 13) configured to face a sun and a bottom surface configured to face a ground (underground 4);
at least one solar panel (photovoltaic element 9 with solar cells 11) coupled to the roof above the top surface (Fig. 1);
an energy storage cartridge comprising at least storage battery (battery unit 5 for intermediate storage for solar energy);
at least one power connector operatively coupled to the energy storage cartridge (charging cables 7);
the at least one power connector assembly comprising:
a power cord (charging cables 7); and
a plug assembly configured to couple to an electric vehicle to charge a battery of the electric vehicle (there is means so that the charging cables directly connect and are secured to the electric vehicles, and the examiner interprets this as a generic plug assembly).
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KITTO does not disclose expressly that the power connector assembly includes an articulating arm or a specific plug assembly coupled to the articulating arm.
MALLON teaches a power cord mechanically coupled to an articulating arm (Fig. 1A; para. 34, “elongated arm 110 may also include an articulated coupling on the elongated arm 110, in which that the articulated coupling is operable to dispose the charge connector 126 to the charge receptacle 30 such that the free portion 124 remains suspended between the elongated arm and the charge receptacle 30”). MALLON explains the benefits of the disclosed arrangement: Maintaining the charge cable 120 in an elevated, above ground manner protects cables from ground, contamination, chafing/abrasion, dirt, snow and ice etc. protects against trip hazards to passersby, and also avoids vehicles running over the cable 120, as well as preserving end connectors/fittings from damage and contamination (para. 34).
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Skilled artisans would have found it obvious to modify KITTO and coupling the power cord to an articulating arm in order to maintain the charge cable 120 in an elevated, above ground manner protects cables from ground, contamination, chafing/abrasion, dirt, snow and ice etc. protects against trip hazards to passersby, and also avoids vehicles running over the cable 120, as well as preserving end connectors/fittings from damage and contamination as taught by MALLON.
THRAMANN teaches a solar canopy with a roof having a compartment including a high capacity storage unit, such as a battery capable of storing between 10-250 kWh of electrical energy (para. 86 and Fig. 3).
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ZHAO teaches an electric vehicle charging station with an overhead mounted movable articulating arm (Fig. 4).
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Skilled artisans would have found it further obvious to modify KITTO so that the high-capacity storage battery is arranged in an overhead compartment of a roof because this arrangement allows for improved and easier methods of replacing/swapping out the batteries as taught by THRAMANN (paras. 4-5).
Skilled artisans would have found it obvious to further modify KITTO and position the articulating arm to extend from the roof because this is a simple combination of teachings without any unexpected results, and is a mere repositioning/rearrangement of parts yielding no patentably distinct or surprising results. MPEP 2144.04(VI)(C) and 2143(I)(A). ZHAO also teaches that placement of an articulating arm overhead, such as connected to a roof structure is a well-known alternative option, is such a modification is only the use or application of known techniques to improve known similar devices to yield practicable results with a reasonable expectation of success. MPEP 2143(I)(C-E).
BIANCO teaches a power cord for charging an electric vehicle that is retractable, having a pull member is operatively coupled to the retractable power cord such that a user can pull the pull member to cause the retractable cord to extend (“A spring return device connects with the moveable pulley to urge the pulley to a retracted position,” para. 7). BIANCO explains that power cords with retractable means is “highly disadvantageous” when the cables are left on the garage deck or pavement where they can be easily obscured and/or damaged by vehicles (para. 6). Instead, when the power cord is made to be retractable, the power cord automatically retracts to a height suspended generally above the vehicle and is readily accessible for usage (para. 11).
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Skilled artisans would have found it obvious to modify KITTO and add BIANCO’s retractable power cord and plug, that is retractable and extendable from an articulating arm, to prevent unintentional damage to the power cord and to make it readily accessible for future use, as taught by BIANCO.
Regarding claim 7, modified KITTO teaches the energy storage canopy of claim 1 wherein the articulating arm has a pull member coupled to the distal end (technically the charge connector is a “pull member” since a user can certainly pull it).
Regarding claim 8, modified KITTO teaches the energy storage canopy of claim 7 wherein the articulating arm is biased to be located in proximity to the bottom surface of the roof (MALLON’s articulating arm is biased to be located upwards in order to keep cables off and away from the ground where they would be a hazard, and in the modified arrangement, this was be upwards toward the canopy roof).
Conclusion
No claim is allowed.
The 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). The Applicant is reminded of the extension of time policy as set forth in 37 C.F.R. § 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 extension fee 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.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANGELO TRIVISONNO whose telephone number is (571) 272-5201 or by email at <angelo.trivisonno@uspto.gov>. The examiner can normally be reached on MONDAY-FRIDAY, 9:00a-5:00pm EST. The examiner's supervisor, NIKI BAKHTIARI, can be reached at (571) 272-3433.
/ANGELO TRIVISONNO/
Primary Examiner
Prosecution Insights