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 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.
1. Claims 1, 2, 4-12 and 14-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (ie an Abstract Idea) without significantly more. The claims recite patent ineligible subject matter.
Step 1: Statutory Category
Claims 1, 2, 4-12 and 14-20 are directed to a system and a method, which falls within the statutory categories of invention.
Step 2A, Prong One – The Claims Recite an Abstract Idea
The claims are directed to processes of:
- synchronizing time data for an EVSE,
- receiving, storing, and retrieving interval data logs,
-uploading information to a cloud server,
-using wireless communication to obtain or correct time and log information,
-enabling accurate billing through data processing.
These limitations include collecting data, manipulating data, and communicating data between device, which falls in Abstract idea categories of “certain methods of organizing human activities,” “mental processes,” and “mathematical concepts.” See Electric Power Group v. Alstom, S.A., 830 F.3d 1350, 1353-54, 119 USPQ2d 1739, 1741-42 (Fed. Cir. 2016).
Step 2A, Prong Two – Judicial Exception Not integrated into a Practical Application
This judicial exception is not integrated into a practical application because the claims do not recite any improvement of the functioning of the claimed EVSE, the wireless interface, the system clock and the process. The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the claims merely implement the Abstract idea on generic hardware performing routine computer functions.
The claims further recite additional elements including:
a “cellular mobile device” with short-range wireless communication capability,
a “smart EVSE,”
a processor and memory
use of short-range wireless communication,
and performing Network Time Protocol (NTP) synchronization
The amended claims additionally recited that, “the smart EVSE uses the short-range
wireless communication capability of the cellular mobile device to obtain current time directly from the cellular mobile device when both power is lost and network connectivity is down, wherein the cellular mobile device serves as an alternative time source independent of cloud or server connectivity.” While this amendment introduces the concept of using a cellular mobile device as an alternative time source when network connectivity is unavailable, this limitation does not integrate the Abstract Idea into a Practical Application. Specifically:
the cellular mobile device is used as a generic source of time data, which constitutes merely selecting an alternative data source.
the short-range wireless communication (e.g. Bluetooth or similar) is used in its ordinary and conventional manner to transmit data between devices.
The EVSE, processor and memory perform routine functions.
The claims are not directed to finding that the claims are not directed to an improvement
in the functioning of a computer or an improvement to another technology. The claims do not recite any improvement to time synchronizing technology, any modification to the operation of an EVSE clock or any improvement to wireless communication technology.
Step 2B, Prong 2: Additional elements
The claimed invention merely applies the Abstract Idea using well-understood, routine, and conventional components performing their expected functions which is insufficient to amount to significantly more.
The courts have recognized the following computer functions as well‐understood, routine, and conventional functions when they are claimed in a merely generic manner (e.g., at a high level of generality) or as insignificant extra-solution activity:
i. Receiving or transmitting data over a network, e.g., using the Internet to gather data, Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362 (utilizing an intermediary computer to forward information); TLI Communications LLC v. AV Auto. LLC, 823 F.3d 607, 610, 118 USPQ2d 1744, 1745 (Fed. Cir. 2016) (using a telephone for image transmission); OIP Techs., Inc., v. Amazon.com, Inc., 788 F.3d 1359, 1363, 115 USPQ2d 1090, 1093 (Fed. Cir. 2015) (sending messages over a network); buySAFE, Inc. v. Google, Inc., 765 F.3d 1350, 1355, 112 USPQ2d 1093, 1096 (Fed. Cir. 2014) (computer receives and sends information over a network); but see DDR Holdings, LLC v. Hotels.com, L.P., 773 F.3d 1245, 1258, 113 USPQ2d 1097, 1106 (Fed. Cir. 2014) (“Unlike the claims in Ultramercial, the claims at issue here specify how interactions with the Internet are manipulated to yield a desired result‐‐a result that overrides the routine and conventional sequence of events ordinarily triggered by the click of a hyperlink.” (emphasis added)).
iii. Electronic recordkeeping, Alice Corp. Pty. Ltd. v. CLS Bank Int'l, 573 U.S. 208, 225, 110 USPQ2d 1984 (2014) (creating and maintaining “shadow accounts”); Ultramercial, 772 F.3d at 716, 112 USPQ2d at 1755 (updating an activity log);
The claims pertain to sending and receiving information over a network, thus there are ineligible under 35 USC §101.
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, 5 – 16 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Hanashima (US 20230289841) in view of Solomon (US 20110208953) and in further view of Y A (US 20240025279).
Regarding claim 1, Hanashima teaches a system for acquiring time for an Electric Vehicle Supply Equipment (EVSE) based on a short-range wireless communication-based automated process (shown in figure 1 as a management system with an EVSE group and short-range wireless communication devices), the system comprising:
a cellular mobile device having a short-range wireless communication capability to communicate on a wireless network with one or more EVSEs that are configured to charge an electric vehicle (EV) of a user (shown in figure 2 items UT and 90 defined in paragraph [0084] as a mobile terminal and a communication device with short-range communication abilities to communicate with EVSE 300); and
a smart EVSE communicatively coupled to the cellular mobile device of the user, wherein the smart EVSE is capable of gaining network connectivity (paragraphs [0067]- [0068] teaches wherein the EVSE and mobile device communicate with each other via a server. Paragraph [0101] teaches wherein the EVSE may be a smart EVSE with a smart meter installed within the EVSE), maintaining an EVSE system clock, and storing multiple days or months interval data logs and charging session data in order to provide reporting to a utility that allows retroactively calculating meter data (figures 4, 5, 6 and 8 show wherein charge session and data log is stored by charge history and a charging timer is maintained. Figure 4 shows a mobile device display and since the mobile device communicates with the server and the EVSE, it is known that the EVSE also maintains the clock and charging history) and performing accurate billing to its customers (figure 12 paragraph [0162] teaches wherein the billing information is displayed).
Hanashima teaches a smart EVSE system which communicates with a server, vehicles and mobile devices. The server also teaches storing charging and vehicle data, but Hanashima does not explicitly teaches wherein the smart EVSE comprising: a processor; and a memory storing instructions that, when executed by the processor, cause the smart EVSE to: use the short-range wireless communication capability of the cellular mobile device to synchronize time when power is lost and when the network connectivity is down and to retrieve the interval data logs and the charging session data for updating to a cloud automatically to gain network connectivity for Network Time Protocol (NTP) synchronization of the EVSE system clock; wherein the smart EVSE uses the short-range wireless communication capability of the cellular mobile device to obtain current time directly from the cellular mobile device when both power is lost and network connectivity is down, wherein the cellular mobile device serves as an alternative time source independent of cloud or server connectivity.
Solomon teaches wherein the smart EVSE (shown in figure 1 paragraph [0020] interpreted as a network item 100 which includes charging stations 110, 120, 130, and 140) comprising: a processor (defined in paragraph [0081] wherein a processor is included in the system); and a memory storing instructions that (defined in paragraph [0081] wherein a memory which stores instructions is included in the system), when executed by the processor, cause the smart EVSE to: use the short-range wireless communication capability of the cellular mobile device to synchronize time if power is lost when the network connectivity is down and to retrieve the interval data logs and the charging session data for updating to a cloud automatically to gain network connectivity for gaining an ability to perform Network Time Protocol (NTP) synchronization of the EVSE system clock (Paragraphs [0025]- [0027] teaches wherein the charge station records different events, such as when power is down, charging session stop events, ground fault circuit interrupter (GFCI) trip events, overcurrent trip events, charging cord plug-out events, authentication requests, tampering events, and real time receipt events. These events are communicated to the server and a time synchronizing is requested which is compliant with a standard time synchronization protocol such as Network Time Protocol (NTP). Paragraph [0035] and figure 2, Solomon teaches an EVSE, interpreted as electric vehicle charging station 110, with its own system clock, interpreted as a local system clock item 220 that synchronizes time with a Real Time Clock. Paragraph [0092] discloses wherein a time server is located remotely and provides actual real time to charging stations);
when both power is lost and network connectivity is down, wherein an alternative time source is used (paragraphs [0023]- [0024] discloses wherein the charging stations or EVSE use short-range wireless communication such as Bluetooth or ZigBee to communicate with a separate remote device. [0024] discloses wherein the server communicates real time via Cellular, Wi-Fi, and Plain Old Telephone service. Since time is provided via Cellular and Plain Old Telephone, the time data may come directly from a cellular mobile device).
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 Hanashima reference with the charging system of the Solomon reference so that the charging station information is maintained.
The suggestion/motivation for combination can be found in the Solomon reference in paragraph [0004] wherein the information of the charging station is maintained.
Hanashima and Solomon teaches a system which uses communication between a mobile device, EVSE/charging stations, network and servers to transmit and receive information, including timestamped charging events. Solomon teaches a system which uses and alternative time source when power is loss and when the network is down, but does not explicitly teach wherein an EVSE uses the short-range wireless communication capability of the cellular mobile device to obtain current time directly from the cellular mobile device.
Y A discloses wherein an EVSE uses the short-range wireless communication capability of the cellular mobile device to obtain current time directly from the cellular mobile device (defined in [0035] wherein a controller of a charger synchronizes its internal clock via Bluetooth when communicating with a mobile charging application executing on User Equipment (UE)).
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 Hanashima and Solomon reference with the charging system of the Y A reference so that the EV charging station operation and performance is improved.
The suggestion/motivation for combination can be found in the YA reference in paragraph [0005] wherein the information of the charging station operation and performance is improved.
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Hanashima figure 1 shows an EVSE charging network with mobile communications
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Solomon Figure 1 teaches an EVSE charging system with a local clock which synchronizes time with a Real Time clock
Regarding claim 2, Hanashima teaches the system of claim 1, but does not explicitly teach wherein when a single power cycle occurs without network connectivity, once the network connectivity is restored information tracked based on a difference between a clock acquired through NTP and a date/time of the system is retroactively changed.
Solomon teaches wherein when a single power cycle occurs without network connectivity, once the network connectivity is restored information tracked based on a difference between a clock acquired through NTP and a date/time of the system is retroactively changed (defined in paragraph [0018] wherein, when the power is lost, the records are maintained and when power restored, the records are updated to the corrected time during the rebooting. [0036] discloses wherein during time synchronization, the information is updated or retroactively changed. [0077] discloses wherein events are retransmitted or retroactively changed).
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 Hanashima reference with the charging system of the Solomon reference so that the charging station information is maintained.
The suggestion/motivation for combination can be found in the Solomon reference in paragraph [0004] wherein the information of the charging station is maintained.
Regarding claim 5, Hanashima teaches the system of claim 1, wherein the smart EVSE will comprises accurate metering capabilities, and therefore is configure to be used for sub-metering applications (paragraphs [0083] teaches accurate metering capabilities and other metering applications such as an energy meter is employed).
Regarding claim 6, Hanashima teaches the system of claim 1, wherein the EVSE is configured to be connected to a network via a user Wi-Fi® network and store up to 90 days of 15-minute interval data and charging session data (paragraph [0128] teaches wherein charging history may be any time provided by the user. It is well known in the art to store any amount of information of a charging session for up to 90 days).
Regarding claim 7, Hanashima teaches the system of claim 1, further comprising: an EV Bluetooth® device of the EV which is to be used instead of the short-range wireless communication capability of the cellular mobile device (paragraph [0084] teaches wherein a Bluetooth® device may be used).
Regarding claim 8, Hanashima teaches the system of claim 1, wherein the smart EVSE is configured to use an authentication process that is needed to synchronize time and upload data to also automatically unlock the smart EVSE for charging (paragraph [0085] teaches wherein an authentication process is needed to proceed with charging, which includes station operations such as charging, uploading data and time synchronizing).
Regarding claim 9, Hanashima teaches the system of claim 1, wherein the short-range wireless communication capability of the cellular mobile device provides a solution for dealing with poor connectivity/clock drift and power cycles (shown in figure 2 items UT and 90 defined in paragraph [0084] as a mobile terminal and a communication device with short-range communication abilities to communicate with EVSE 300, thus poor connectivity/clock drift and power cycles is prevented).
Regarding claim 10, Hanashima teaches the system of claim 1, wherein the short-range wireless communication capability of the cellular mobile device is based on a Bluetooth® device or a ZigBee® wireless interface between the EV and the smart EVSE (paragraph [0084] teaches wherein a Bluetooth® device may be used).
Regarding claim 11, Hanashima teaches the method for acquiring time for an Electric Vehicle Supply Equipment (EVSE) based on a short-range wireless communication-based automated process (shown in figure 1 as a management system with an EVSE group and short-range wireless communication devices),
the method comprising: providing a cellular mobile device having a short-range wireless communication capability to communicate on a wireless network with one or more EVSEs that are configured to charge an electric vehicle (EV) of a user (shown in figure 2 items UT and 90 defined in paragraph [0084] as a mobile terminal and a communication device with short-range communication abilities to communicate with EVSE 300); and
providing a smart EVSE communicatively coupled to the cellular mobile device of the user, the smart EVSE is capable of gaining network connectivity (paragraphs [0067]- [0068] teaches wherein the EVSE and mobile device communicate with each other via a server. Paragraph [0101] teaches wherein the EVSE may be a smart EVSE with a smart meter installed within the EVSE), maintaining an EVSE system clock, and storing multiple days or months interval data logs and charging session data in order to provide reporting to a utility that allows retroactively calculating meter data (figures 4, 5, 6 and 8 show wherein charge session and data log is stored by charge history and a charging timer is maintained. Figure 4 shows a mobile device display and since the mobile device communicates with the server and the EVSE, it is known that the EVSE also maintains the clock and charging history) and performing accurate billing to its customers (figure 12 paragraph [0162] teaches wherein the billing information is displayed).
Hanashima teaches a smart EVSE system which communicates with a server, vehicles and mobile devices. The server also teaches storing charging and vehicle data, but Hanashima does not explicitly teach such that the smart EVSE comprising: a processor; and a memory storing instructions that, when executed by the processor, cause the smart EVSE to: use the short-range wireless communication capability of the cellular mobile device to synchronize time if power is lost when the network connectivity is down and to retrieve the interval data logs and the charging session data for updating to a cloud automatically to gain network connectivity for gaining an ability to perform Network Time Protocol (NTP) synchronization of the EVSE system clock, wherein the smart EVSE uses the short-range wireless communication capability of the cellular mobile device to obtain current time directly from the cellular mobile device when both power is lost and network connectivity is down, wherein the cellular mobile device serves as an alternative time source independent of cloud or server connectivity.
Solomon teaches the smart EVSE (shown in figure 1 paragraph [0020] interpreted as a network item 100 which includes charging stations 110, 120, 130, and 140) comprising: a processor (defined in paragraph [0081] wherein a processor is included in the system); and a memory storing instructions that (defined in paragraph [0081] wherein a memory which stores instructions is included in the system), when executed by the processor, cause the smart EVSE to: use the short-range wireless communication capability of the cellular mobile device to synchronize time if power is lost when the network connectivity is down and to retrieve the interval data logs and the charging session data for updating to a cloud automatically to gain network connectivity for gaining an ability to perform Network Time Protocol (NTP) synchronization of the EVSE system clock (Paragraphs [0025]- [0027] teaches wherein the charge station records different events, such as when power is down, charging session stop events, ground fault circuit interrupter (GFCI) trip events, overcurrent trip events, charging cord plug-out events, authentication requests, tampering events, and real time receipt events. These events are communicated to the server and a time synchronizing is requested which is compliant with a standard time synchronization protocol such as Network Time Protocol (NTP). Paragraph [0035] and figure 2, Solomon teaches an EVSE, interpreted as electric vehicle charging station 110, with its own system clock, interpreted as a local system clock item 220 that synchronizes time with a Real Time Clock),
when both power is lost and network connectivity is down, wherein an alternative time source is used (paragraphs [0023]- [0024] discloses wherein the charging stations or EVSE use short-range wireless communication such as Bluetooth or ZigBee to communicate with a separate remote device. [0024] discloses wherein the server communicates real time via Cellular, Wi-Fi, and Plain Old Telephone service. Since time is provided via Cellular and Plain Old Telephone, the time data may come directly from a cellular mobile device).
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 Hanashima reference with the charging system of the Solomon reference so that the charging station information is maintained.
The suggestion/motivation for combination can be found in the Solomon reference in paragraph [0004] wherein the information of the charging station is maintained.
Hanashima and Solomon teaches a system which uses communication between a mobile device, EVSE/charging stations, network and servers to transmit and receive information, including timestamped charging events. Solomon teaches a system which uses and alternative time source when power is loss and when the network is down, but does not explicitly teach wherein an EVSE uses the short-range wireless communication capability of the cellular mobile device to obtain current time directly from the cellular mobile device.
Y A discloses wherein an EVSE uses the short-range wireless communication capability of the cellular mobile device to obtain current time directly from the cellular mobile device (defined in [0035] wherein a controller of a charger synchronizes its internal clock via Bluetooth when communicating with a mobile charging application executing on User Equipment (UE)).
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 Hanashima and Solomon reference with the charging system of the Y A reference so that the EV charging station operation and performance is improved.
The suggestion/motivation for combination can be found in the YA reference in paragraph [0005] wherein the information of the charging station operation and performance is improved.
Regarding claim 12, Hanashima teaches the method of claim 11, but does not explicitly teach wherein when a single power cycle occurs without network connectivity, once the network connectivity is restored information tracked based on a difference between a clock acquired through NTP and a date/time of the system is retroactively changed.
Solomon teaches wherein when a single power cycle occurs without network connectivity, once the network connectivity is restored information tracked based on a difference between a clock acquired through NTP and a date/time of the system is retroactively changed (defined in paragraph [0018] wherein, when the power is lost, the records are maintained and when power restored, the records are updated to the corrected time during the rebooting. [0036] discloses wherein during time synchronization, the information is updated or retroactively changed. [0077] discloses wherein events are retransmitted or retroactively changed).
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 Hanashima reference with the charging system of the Solomon reference so that the charging station information is maintained.
The suggestion/motivation for combination can be found in the Solomon reference in paragraph [0004] wherein the information of the charging station is maintained.
Regarding claim 15, Hanashima teaches the method of claim 11, wherein the smart EVSE will have accurate metering capabilities, and therefore can be used for sub-metering applications (paragraphs [0083] teaches accurate metering capabilities and other metering applications such as an energy meter is employed).
Regarding claim 16, Hanashima teaches the method of claim 11, wherein the EVSE is configured to be connected to a network via a user Wi-Fi® network and store up to 90 days of 15-minute interval data and charging session data (paragraph [0128] teaches wherein charging history may be any time provided by the user. It is well known in the art to store any amount of information of a charging session for up to 90 days).
Regarding claim 17, Hanashima teaches the method of claim 11, further comprising: providing an EV Bluetooth® device of the EV which is to be used instead of the short-range wireless communication capability of the cellular mobile device (paragraph [0084] teaches wherein a Bluetooth® device may be used).
Regarding claim18, Hanashima teaches the method of claim 11, wherein the smart EVSE is configured to use an authentication process that is needed to synchronize time and upload data to also automatically unlock the smart EVSE for charging (paragraph [0085] teaches wherein an authentication process is needed to proceed with charging, which includes station operations such as charging, uploading data and time synchronizing).
Regarding claim 19, Hanashima teaches the method of claim 11, wherein the short-range wireless communication capability of the cellular mobile device provides a solution for dealing with poor connectivity/clock drift and power cycles (shown in figure 2 items UT and 90 defined in paragraph [0084] as a mobile terminal and a communication device with short-range communication abilities to communicate with EVSE 300, thus poor connectivity/clock drift and power cycles is prevented).
Regarding claim 20, Hanashima teaches the method of claim 11, wherein the short-range wireless communication capability of the cellular mobile device is based on a Bluetooth® device or a ZigBee® wireless interface between the EV and the smart EVSE (paragraph [0084] teaches wherein a Bluetooth® device may be used).
Claims 4 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Hanashima (US 20230289841) in view of Solomon (US 20110208953) an view of Y A (US 20240025279) as applied to claims 1 and 11, and in further view of Hörfurter (US 20240174111).
Regarding claim 4, Hanashima in view of Solomon teaches the system of claim 1, but does not explicitly teach wherein the EVSE system clock is configured to not drift by minutes or hours over the course of 90 days.
Hörfurter teaches wherein the EVSE system clock will not drift by minutes or hours over the course of 90 days (defined in paragraph [0018] teaches wherein the clock driftis prevented within the charging station clock).
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 Hanashima, Solomon and YA references with the charging system of the Hörfurter reference so that the charging station information is maintained.
The suggestion/motivation for combination can be found in the Solomon reference in paragraph [0018] wherein the information of the charging station is maintained.
Regarding claim 14, Hanashima in view of Solomon teaches the method of claim 11, but does not explicitly teach wherein the EVSE system clock is configured to not drift by minutes or hours over the course of 90 days .
Hörfurter teaches wherein the EVSE system clock will not drift by minutes or hours over the course of 90 days (defined in paragraph [0018] teaches wherein the clock drift is prevented within the charging station clock).
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 Hanashima, Solomon and YA references with the charging system of the Hörfurter reference so that the charging station information is maintained.
The suggestion/motivation for combination can be found in the Solomon reference in paragraph [0018] wherein the information of the charging station is maintained.
Response to Arguments
Applicant's arguments filed 03/12/2026 have been fully considered but they are not persuasive.
II. Claim rejections under 35 USC §101
Step 2A, Prong One – The Claims Do not recite an Abstract Idea.
The applicant argues that the amended claims recite, “wherein the smart EVSE uses the short-range wireless communication capability of the cellular mobile device to obtain current time directly from the cellular mobile device when both power is lost and network connectivity is down, wherein the cellular mobile device serves as an alternative time source independent of cloud or server connectivity” and this is not an Abstract concept that could be performed mentally or through organizing human activities.
This argument is not persuasive. While claim 1 recites an EVSE, a cellular mobile device, and a system clock, merely implementing an Abstract Idea using physical devices or hardware components does not render the claim non-abstract. The courts have held that “An abstract idea does not become nonabstract by limiting the invention to a particular field of use or technological environment, such as the Internet [or] a computer” and Merely adding a generic computer, generic computer components, or a programmed computer to perform generic computer functions does not automatically overcome an eligibility rejection Alice Corp. v. CLS Bank International 573 U.S. 208, 110 USPQ2d 1976 (2014). The claims are directed to a limitation that can be performed by in a human mind wherein courts have decided that, a claim to “collecting information, analyzing it, and displaying certain results of the collection and analysis,” where the data analysis steps are recited at a high level of generality such that they could practically be performed in the human mind, Electric Power Group v. Alstom, S.A., 830 F.3d 1350, 1353-54, 119 USPQ2d 1739, 1741-42 (Fed. Cir. 2016). Thus, collecting the information, the time, via a cellular device, and displaying that information on an EVSE, falls in the category of a claim limitation that recites a Mental Process.
The EVSE, mobile device and system clock are used as tools to perform data collection, synchronization, and communication, which are abstract operations.
The applicant argues that the amended claims provide a solution to “poor connectivity, clock drift, and power cycles.” However, the claims merely state that time is obtained from a cellular mobile device when network connectivity is unavailable and synchronization occurs when connectivity is restored. This amounts to using an alternative data source when a primary source is unavailable, which is predictable and conventional approach. The claims do not recite, how the time is obtained (other than transferring time data from mobile device to EVSE), how clock drift is corrected in a technical manner, or how the system is modified to improve resilience to power loss. Thus, the claims are ineligible. The claims use technical components to carry out an Abstract Idea.
Step 2B, Prong Two-Integration Into a Practical Application
The applicant argues that the claims integrate into a Practical Application because
the claimed limitation “maintains accurate metering data for utility billing purposes.”
This argument is not persuasive.
While claims are framed in the context of EV charging and utility billing, limiting an Abstract Idea to a particular field of use or technological environment does not constitute integration into a Practical Application. See Alice Corp. Pty. Ltd. v. CLS Bank Int'l, 573 U.S. 208, 225, 110 USPQ2d 1984 (2014). The claims “utility billing” represents intended use of data not technological improvement.
Applicant asserts the claims maintain “accurate metering data,” however the claims do not recite:
any new improvement to metering hardware
any new metering technique,
any modification to how electrical usage is measured, or
any specific billing algorithm or system improvement.
Instead, the claims merely obtain time data, synchronize clock, and use data so that
billing can be performed.
The claims merely apply the abstract data in a particular field of use, the alleged benefit (accurate billing) is a result and not a technological improvement, and the claims fail to recite any specific technical mechanism that improves functioning of a computer or other technology.
Claim rejections under 35 USC §103
Applicant’s arguments, see Arguments/Remarks, filed 04/28/2026 with respect to the rejections of claims 1,2,4-12 and 14-20 under Hanashima in view of Solomon have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Hanashima, Solomon, and Y A.
Hanashima and Solomon teaches a system which uses communication between a mobile device, EVSE/charging stations, network and servers to transmit and receive information, including timestamped charging events. Solomon teaches a system which uses and alternative time source when power is loss and when the network is down, but does not explicitly teach wherein an EVSE uses the short-range wireless communication capability of the cellular mobile device to obtain current time directly from the cellular mobile device.
Y A discloses wherein an EVSE uses the short-range wireless communication capability of the cellular mobile device to obtain current time directly from the cellular mobile device (defined in [0035] wherein a controller of a charger synchronizes its internal clock via Bluetooth when communicating with a mobile charging application executing on User Equipment (UE)).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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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.
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ALEXIS BOATENG PACHECO
Primary Examiner
Art Unit 2859
/ALEXIS B PACHECO/Primary Examiner, Art Unit 2859
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