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 .
Acknowledgement is made of application #18/245,003 filed on 03/13/2023 in which claims 1-18 have been presented for prosecution in a first action on the merits.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 03/13/2023 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner and placed of record. An initialed copy is attached herewith.
Specification
Claim Objections
Claim 14 is objected to because of the following informalities: Claim 14 recites the underlined limitations of: “The process for generating and delivering charging current for an electric vehicle in a charging pole (1) according to claim 1, characterised in that the time t33 is after the time t11”. There is insufficient antecedent basis for these limitations in the claim. Note parent claim 1 does neither recite t11 nor t33.
Claim 15 is objected to because of the following informalities: Claim 15 recites the underlined limitations of: “The process for generating and delivering charging current for an electric vehicle in a charging pole (1) according to claim 1, characterised in that the time t33 lies between the end of the charging process tE and a time tB, where tB>0.5*tG with tG as the total duration of the charging process”. There is insufficient antecedent basis for this limitation in the claim since parent claim 13 recite time t33 and not claim 1.
Furthermore, the claims are generally narrative and indefinite, failing to conform with current U.S. practice. They appear to be a literal translation into English from a foreign document and are replete with grammatical and idiomatic errors, such colon, comma and proper transitional words such as “wherein” instead of “characterised in that”.
Appropriate correction is required.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the limitations of “the charging pole (1)” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 14-15 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 14 recites the underlined limitations of: “The process for generating and delivering charging current for an electric vehicle in a charging pole (1) according to claim 1, characterised in that the time t33 is after the time t11”. There is insufficient antecedent basis for these underlined limitations in the claim. Note parent claim 1 does neither recite t11 nor t33.
Claim 15 recites the underlined limitations of: “The process for generating and delivering charging current for an electric vehicle in a charging pole (1) according to claim 1, characterised in that the time t33 lies between the end of the charging process tE and a time tB, where tB>0.5*tG with tG as the total duration of the charging process”. There is insufficient antecedent basis for this limitation in the claim since parent claim 13 recite time t33 and not claim 1
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.
Claims 1-4,17 and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Smolenaers US 2020/0164755 A1 (cited by applicants).
Regarding claim 1: Smolenaers at least discloses and shows in Figs. 3-4:A process for generating and delivering charging current for an electric vehicle(1) in a charging pole(construed as being part of charging station 5)([0137],[0186]-[0192]), having the following steps:
-Starting an operation to charge an electric vehicle(1)(with the onboard charger; see [0132],[0188],[0191])
-Start charging a battery (80) in the charging pole(construed as being part of charging station 5) (see ([0188],[0191]))
-Termination of the process for charging an electric vehicle(1)(see [0177],[0188],[0191]) (inherent since the charging process has a finite duration)
-Termination of the process of charging a battery (80)([0174],[0175],[0177]) in the charging pole(construed as being part of charging station 5)(inherent since the charging process has a finite duration)
characterised in that
the charging of the electric vehicle(1) and the charging of the battery (80) in the charging pole (construed as being part of charging station 5) take place simultaneously(see ([0188],[0191])).
Regarding claims 2 and 3, Smolenaers discloses all the claimed invention as set forth and discussed above in claim 1. Smolenaers further discloses, characterized in that electrical energy is generated in the charging pole(see [0137],[0183]; Fig. 3 and element (84) can be a fuel cell).
Regarding claim 4, Smolenaers discloses all the claimed invention as set forth and discussed above in claim 2. Smolenaers further discloses, characterized in that:
The generation of electrical energy in the charging pole takes place in parallel with the charging of the battery (80) and/or the electric vehicle (1)(see [0191])(as per claim 3)
Regarding claim 17, Smolenaers discloses all the claimed invention as set forth and discussed above in claim 1. Smolenaers further discloses, characterized in that
The energy delivered during a charging process for charging the battery(80) of the charging pole(construed as being part of charging station 5) and/or the electric vehicle (1) is provided by an energy conversion device (converter 83)(see [0183]).
Regarding claim 18, Smolenaers discloses all the claimed invention as set forth and discussed above in claim 1. Smolenaers further discloses, computer program for controlling the process for delivering charging current (as performed by controller 120 and 17)(see [0178],[0184]) for an electric vehicle (1) and for storing electric current in a charging pole(construed as being part of charging station 5) according to claim 1.
Allowable Subject Matter
Claims 5-13 and 16 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Regarding claim 5, patentability exists at least in part with the claimed limitations of, “…during s charging process with two times t1 and t2 with t1<t2 PB(t1)>PB(t2) with PB(t1) as the charging power of the charging of the battery (B) at time t1 and PB(t2) as the charging power of the charging of the battery (B) at time t2” as shown in Fig. 3.
Claim 6 depends directly from claim 5 and thus is also allowable for the same reasons.
Regarding claim 7, patentability exists at least in part with the claimed limitations of, “…during a charging process with two times t3 and t4 with t3<t4 PB(t3)<PB(t4) with PB(t3) as the charging power of the charging of the battery (B) at time t3 and PB(t4) as the charging power of the charging of the battery (B) at time t4”, as shown in Fig. 3.
Claims 8-9 depend either directly or indirectly from claim 7 and thus are allowable for the same reasons.
Regarding claim 10, patentability exists at least in part with the claimed limitations of, “…during an entire charging process the charging power of the battery of the charging pole passes through a minimum” as shown in Fig. 3 at point tM.
Regarding claim 11, patentability exists at least in part with the claimed limitations of, “…during a charging process at a time t11 PB(t11)>PE(t11) with PB(t11) as the charging power of the battery (B) at time t11 and PE(t11) as the charging power of the electric vehicle at time t11”.
Claim 12 depend directly from claim 11 and thus is also allowable for the same reasons.
Regarding claim 13, patentability exists at least in part with the claimed limitations of, “…during a charging process at a time t33 PB(t33)<PE(t33) with PB(t33) as the charging power of the battery (B) at time t33 and PE(t33) as the charging power of the electric vehicle at time t33”.
Regarding claim 16, patentability exists at least in part with the claimed limitations of, “…during a charging process at a time t5 with PB(t5)= PE(t5) with PB(t5) as the charging power of the charging of the battery (B) at time t5 and PE(t5) as the charging power of the charging of the electric vehicle at time t5”.
Claims 14-15 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
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M'BAYE DIAO
Primary Examiner
Art Unit 2859
/M BAYE DIAO/Primary Examiner, Art Unit 2859 December 15, 2025
/TAELOR KIM/Supervisory Patent Examiner, Art Unit 2859