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 .
Claims 1-12 are pending.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
Use of the word “means” (or “step for”) in a claim with functional language creates a rebuttable presumption that the claim element is to be treated in accordance with 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph) is invoked is rebutted when the function is recited with sufficient structure, material, or acts within the claim itself to entirely perform the recited function.
Absence of the word “means” (or “step for”) in a claim creates a rebuttable presumption that the claim element is not to be treated in accordance with 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph) is not invoked is rebutted when the claim element recites function but fails to recite sufficiently definite structure, material or acts to perform that function.
Claim elements in this application that use the word “means” (or “step for”) are presumed to invoke 35 U.S.C. 112(f) except as otherwise indicated in an Office action. Similarly, claim elements that do not use the word “means” (or “step for”) are presumed not to invoke 35 U.S.C. 112(f) except as otherwise indicated in an Office action.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: control facility changes the control strategy in response to a trigger in claim 1, control facility is designed to use the reaching of a definable time of day, date, or month as a trigger in claim 5, control facility uses an electricity price or an availability of power from renewable sources as a trigger in claim 6, control facility is configured to use a control signal received in claim 7, control facility uses an Internet-based cloud service in claim 8, control facility receives control commands embedded in a data packet in claim 9, control facility stores the fourth control strategy received in claim 9, control facility removes a trigger in claim 10.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification, such as page 13 indicates the control facility 24 comprises a microcontroller 41, as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bassham et al (hereinafter “Bassham”) (US 20130175974 A1).
As to claims 1 and 12, Bassham teaches an apparatus and method for storing energy and/or generating energy, the apparatus comprising:
a memory storing at least two control strategies for the apparatus [storing charging profiles to different locations, such as memory 48, any number of different electronic memory devices located throughout plug-in electric vehicle 10, some remote vehicle service provider location (e.g., a call center, etc.)] [0024, 0031, 0039];
a control facility with a microcontroller for controlling the apparatus, wherein the microcontroller executes a control program; wherein the control program carries out operation of the apparatus using a first of the at least two control strategies [home charging profile, work charging profile, vacation home charging profile, etc.] [0024, 0039-0041];
the control facility changes the control strategy in response to a trigger, so that following the trigger, the control program carries out operation of the apparatus using a second of the at least two control strategies different from the first [0005, 0011, 0030-0033, 00411-0044];
wherein the first control strategy and the second control strategy are stored separately from one another in the memory and separately from the control program in the control facility [00112, 00393]; and
the change in the control strategy takes place during the runtime of the control program [for example, such as automatically switch to a corresponding charging profile for charging when the EV enters a predetermined location, switch from home charging profile to vacation home charging profile when user issue a command, and etc.] [0011, 0031, 0039-0045, 0050].
As to claim 2, Bassham teaches the control program has an interface implemented by control strategies to be used [0026, 0028, 0032-0033, 0035-0036, 0045, 0048].
As to claim 3, Bassham teaches the first and second control strategy implement the interface [0026, 0028, 0032-0033, 0035-0036].
As to claim 4, Bassham teaches the control strategies are stored separately as program libraries which can be dynamically integrated in the control facility [0011, 0031, 0039-0045].
As to claim 5, Bassham teaches the control facility is designed to use the reaching of a definable time of day, date, or month as a trigger [using vacation home charging profile based on user command] [0011, 0030-0034, 0041-0044].
As to claim 6, Bassham teaches the control facility uses an electricity price or an availability of power from renewable sources as a trigger [minimize electricity costs by waiting for off-peak times i.e., slow charge mode and low-rate preference] [0011, 0028, 0032-0033, 0037-0038, 0045].
As to claim 7, Bassham teaches the control facility includes a communication interface for establishing a connection to a data network; the microcontroller controls the communication interface; and the control facility is configured to use a control signal received from a system connected to the data network as a trigger [receiving user command as trigger] [0011, 0027-0028, 0030-0033, 0039, 0041-0044].
As to claim 8, Bassham teaches the control facility uses an Internet-based cloud service as a system connected to the data network [0027-0028, 0033, 0039, 0046].
As to claim 9, Bassham teaches the control facility receives control commands embedded in a data packet; the data packet comprises a fourth control strategy; and the control facility stores the fourth control strategy received in the data packet in response to the control command [0028, 0033, 0039-0041].
As to claim 10, Bassham teaches the control facility removes a trigger, upon the occurrence of which there is a switchover to operation with the received control strategy, from the data packet [0011, 0027-0028, 0030-0033, 0039, 0041-0044].
As to claim 11, Bassham teaches further comprising an electric storage battery [0011-0013, 0017].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZHIPENG WANG whose telephone number is (571)272-5437. The examiner can normally be reached Monday-Friday 10-7.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kamini Shah can be reached at 5712722279. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ZHIPENG WANG/Primary Examiner, Art Unit 2115
1 [0041] Turning now to FIG. 3, there is shown an exemplary method 200 that may be used to provide customized, location-based charging services for plug-in electric vehicle 10. Depending on vehicle location, charging method 200 can apply a location-based charging profile that automatically configures user-defined charging settings for charging the plug-in electric vehicle. This may be accomplished automatically and without requiring the user to edit or modify the charging settings every time the vehicle is charged at a different location. Method 200 may be triggered or initiated by any number of suitable trigger events, such as when plug-in electric vehicle 10 enters a new profile area, when the vehicle is connected to an external power source 12, when the vehicle is turned `on` and/or `off`, or when the user issues a command, to state a few possibilities.
2 [0011] The charging system and method described herein may be used to automatically apply customized charging settings to a plug-in electric vehicle, where application of the settings is based on the vehicle's location. According to an exemplary embodiment, a user may establish and save a separate charging profile with certain customized charging settings for each geographic location where they plan to charge their plug-in electric vehicle; for instance, a first charging profile for charging at home, a second charging profile for charging at work, etc. Some examples of potential charging settings that may be customized include: charging modes (e.g. fast charge, slow charge), charging levels (e.g., limits or thresholds on amperage, voltage, state-of-charge (SOC)), charging times (e.g., start time, end time, departure time), and charging preferences (e.g., preferences for certain electricity rates), to name a few. If the plug-in electric vehicle enters a geographic location that corresponds to a saved charging profile, the charging method can automatically apply the charging settings associated with that particular charging profile. Thus, the user does not have to manually change or manipulate the charging settings every time they charge the plug-in electric vehicle in a new location.
3 [0039] At step 128, the method saves or stores the profile information gathered in the preceding steps in a charging profile. The charging profile may include the various charging settings selected by the user and the profile area that corresponds to those settings; together this information may constitute a location-based charging profile. As mentioned above, the charging profile may be stored in an electronic file, a database or some other suitable data structure, and can be saved in any number of different electronic memory devices located throughout plug-in electric vehicle 10. In one embodiment, the user provides the charging profile with a name (e.g., home charging profile, work charging profile, vacation home charging profile, etc.) and the named charging profile, along with all of its charging information, is stored in memory device 48. It is also possible to store all or some of the profile information externally in addition to or instead of at plug-in electric vehicle 10. For instance, the different charging profiles may stored at some remote vehicle service provider location (e.g., a call center, etc.) that communicates with the vehicle via communications module 70. Other embodiments and information storing arrangements are certainly possible as well.