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 .
Status of Claims
This action is in reply to application 18/289,029 filed 10/31/2023. Claims 1-6 and 13-15 were withdrawn via the election to restrict mailed 6/8/2026. Claims 7-11 and 14 are pending. This action is non-final.
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.
Claims 7-11 and 14 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1: Claim 7 recites a backup electric vehicle, EV, charging management device, comprising: at least one processor; and at least one memory including computer program code; the at least one memory and the computer program code configured to, with the at least one processor, cause the backup EV charging management device to: when a primary EV charging management system is available, synchronize a data storage of a backup EV charging management system with a data storage of the primary EV charging management system, wherein the data storage of the primary EV charging management system comprises identifications of a plurality of EV charging stations; when the primary EV charging management system is unavailable, receive a request for charging using a target EV charging station from a client device, wherein the request comprises an identification of the target EV charging station; check whether the request should be allowed by comparing the identification of the target EV charging station and the identifications of a plurality of EV charging stations in the data storage of the backup EV charging management system; and in response to determining that the request should be allowed, transmit an acceptance message, indicating to accept the use of the target EV charging station, to the target EV charging station. Therefore, claim 7 is directed to one of the four statutory categories of invention: a machine.
Step 2A – Prong One: The limitations ... when ... available, synchronize ... wherein ... comprises identifications of a plurality of EV charging stations; when ... unavailable, receive a request for charging using a target EV charging station ... wherein the request comprises an identification of the target EV charging station; check whether the request should be allowed by comparing the identification of the target EV charging station and the identifications of a plurality of EV charging stations ... and in response to determining that the request should be allowed, transmit an acceptance message, indicating to accept the use of the target EV charging station, to the target EV charging station, as drafted, is a method that, under its broadest reasonable interpretation, only covers concepts of “Certain Methods of Organizing Human Activity” (e.g., commercial interactions – business relations; managing personal behavior or relationships or interactions between people - following rules or instructions). That is, nothing in the claim elements disclose anything outside the groupings of “Certain Methods of Organizing Human Activity” (e.g., commercial interactions – business relations; managing personal behavior or relationships or interactions between people - following rules or instructions). Accordingly, the claim recites an abstract idea.
Step 2A – Prong Two: The judicial exception is not integrated into a practical application. Claim 7 merely describes how to generally “apply” the concept of the aforementioned abstract idea using generic computer components. The additional elements of claim 7, a backup electric vehicle, EV, charging management device, at least one processor, at least one memory including computer program code, a primary EV charging management system, a data storage of a backup EV charging management system, a data storage of the primary EV charging management system, and a client device, are recited at a high level of generality and are merely invoked as generic computer tools to perform the aforementioned abstract idea. Simply implementing the abstract idea on a generic computerized system is not a practical application of the abstract idea. Accordingly, alone and in combination, the additional elements of claim 7 do not integrate the abstract idea into a practical application. The claims are directed to an abstract idea.
Step 2B: The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above, the claims as a whole merely describe the abstract idea generally “applied” to a generic computer environment. The additional elements of claim 7, a backup electric vehicle, EV, charging management device, at least one processor, at least one memory including computer program code, a primary EV charging management system, a data storage of a backup EV charging management system, a data storage of the primary EV charging management system, and a client device, are recited at a high level of generality and are merely invoked as generic computer components upon which the abstract idea is “applied.” The high level of generality in which this additional element is described indicates that the additional element is sufficiently known such that the specification does not need to describe the particulars of the additional element to satisfy the statutory disclosure requirements. Thus, even when viewed as a whole, nothing in the claims add significantly more to the abstract idea. Therefore, the claims are not patent eligible.
Claims 8-11 have been given the full two-part analysis including analyzing the limitations both individually and in combination. Claims 8-11 when analyzed individually, and in combination, are also held to be patent ineligible under 35 U.S.C. 101. The recited limitations of the dependent claims fail to establish that the claims do not recite an abstract idea because the recited limitations of the dependent claims merely further narrow the abstract idea.
Step 2A – Prong Two: The limitations of the dependent claims fail to integrate an abstract idea into a practical application because the claims as a whole merely describe how to generally “apply” a method of the aforementioned abstract idea. Claims 8-11 do not recite additional elements other than those previously recited in claim 7. The claims as a whole merely describe how to generally “apply” the aforementioned abstract idea in a generic computer environment. Thus, even when viewed as a whole, nothing in the claims integrates the abstract idea into a practical application.
Step 2B: Performing the further narrowed abstract ideas of the dependent claims on the additional elements of the independent claim, individually or in combination, does not impose any meaningful limits on practicing the abstract ideas and amount to merely using a computer, in its ordinary capacity, as a tool to perform the abstract idea. Similarly, the recited limitations of the dependent claims fail to establish that the claims provide an inventive concept because claims that merely use a computer, in its ordinary capacity, as a tool to perform the abstract idea cannot provide an inventive concept. Claims 8-11 do not recite additional elements other than those previously recited in claim 7. Thus, even when viewed as a whole, nothing in the claims add significantly more to the abstract idea. Therefore, the claims are not patent eligible.
Step 1: Claim 14 recites a method, comprising: when a primary electric vehicle, EV, charging management system is available, synchronizing a data storage of a backup EV charging management system with a data storage of the primary EV charging management system, wherein the data storage of the primary EV charging management system comprises identifications of a plurality of EV charging stations; when the primary EV charging management system is unavailable, receiving a request for charging using a target EV charging station from a client device, wherein the request comprises an identification of the target EV charging station; checking whether the request should be allowed by comparing the identification of the target EV charging station and the identifications of a plurality of EV charging stations in the data storage of the backup EV charging management system; and in response to determining that the request should be allowed, transmitting an acceptance message, indicating to accept the use of the target EV charging station, to the target EV charging station. Therefore, claim 14 is directed to one of the four statutory categories of invention: a method.
Step 2A – Prong One: The limitations a method, comprising: when ... is available, synchronizing ... wherein ... comprises identifications of a plurality of EV charging stations; when ... is unavailable, receiving a request for charging using a target EV charging station ... wherein the request comprises an identification of the target EV charging station; checking whether the request should be allowed by comparing the identification of the target EV charging station and the identifications of a plurality of EV charging stations ... and in response to determining that the request should be allowed, transmitting an acceptance message, indicating to accept the use of the target EV charging station, to the target EV charging station, as drafted, is a method that, under its broadest reasonable interpretation, only covers concepts of “Certain Methods of Organizing Human Activity” (e.g., commercial interactions – business relations; managing personal behavior or relationships or interactions between people - following rules or instructions). That is, nothing in the claim elements disclose anything outside the groupings of “Certain Methods of Organizing Human Activity” (e.g., commercial interactions – business relations; managing personal behavior or relationships or interactions between people - following rules or instructions). Accordingly, the claim recites an abstract idea.
Step 2A – Prong Two: The judicial exception is not integrated into a practical application. Claim 14 merely describes how to generally “apply” the concept of the aforementioned abstract idea using generic computer components. The additional elements of claim 14, a primary electric vehicle, EV, charging management system, a data storage of a backup EV charging management system, a data storage of the primary EV charging management system, and a client device, are recited at a high level of generality and are merely invoked as generic computer tools to perform the aforementioned abstract idea. Simply implementing the abstract idea on a generic computerized system is not a practical application of the abstract idea. Accordingly, alone and in combination, the additional elements of claim 14 do not integrate the abstract idea into a practical application. The claims are directed to an abstract idea.
Step 2B: The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above, the claims as a whole merely describe the abstract idea generally “applied” to a generic computer environment. The additional elements of claim 14, a primary electric vehicle, EV, charging management system, a data storage of a backup EV charging management system, a data storage of the primary EV charging management system, and a client device, are recited at a high level of generality and are merely invoked as generic computer components upon which the abstract idea is “applied.” The high level of generality in which this additional element is described indicates that the additional element is sufficiently known such that the specification does not need to describe the particulars of the additional element to satisfy the statutory disclosure requirements. Thus, even when viewed as a whole, nothing in the claims add significantly more to the abstract idea. Therefore, the claims are not patent eligible.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 7-8, 11, and 14 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Uyeki1 (U.S. Pub. No. 2012/0109519).
Regarding claims 7 and 14, Uyeki1 discloses the following limitations:
A backup electric vehicle, EV, charging management device, comprising: at least one processor; and at least one memory including computer program code; the at least one memory and the computer program code configured to, with the at least one processor, cause the backup EV charging management device to: [See [0023-0024]; (Fig. 2, element 210) Uyeki1 teaches a server 210 used to interface with a plurality of charging stations including respective local charging station databases 208 comprising information related to each of the respective charging stations.]
when a primary EV charging management system is available, synchronize a data storage of a backup EV charging management system with a data storage of the primary EV charging management system [See [0031-0033] Uyeki1 teaches determining when compatible charging stations are available at a first location (i.e., when a primary EV charging management system is available). Uyeki1 further teaches that when the first location has compatible charging stations available, it may display available charging station information received from the first location charging station database with available charging station information received from a second location charging station database and present this information in the form of as a listed set of currently available candidate charging stations (i.e., synchronize a data storage of a backup EV charging management system with a data storage of the primary EV charging management system).]
wherein the data storage of the primary EV charging management system comprises identifications of a plurality of EV charging stations; [See [0031-0033] Uyeki1 teaches determining when compatible charging stations are available at a first location. Uyeki1 further teaches that when the first location has compatible charging stations available, it may display available charging station information received from the first location charging station database with available charging station information received from a second location charging station database and present this information in the form of as a listed set of currently available candidate charging stations. Uyeki1 further teaches that the information comprises the identifications of each of the plurality of charging stations (i.e., wherein the data storage of the primary EV charging management system comprises identifications of a plurality of EV charging stations). For example, station “A”.]
when the primary EV charging management system is unavailable, receive a request for charging using a target EV charging station from a client device [See [0032-0033] Uyeki1 teaches that when all compatible chargers at a certain charging station are unavailable (i.e., when the primary EV charging management system is unavailable), the system may prompt a user to select an alternative available charging station (i.e., receive a request for charging using a target EV charging station from a client device).]
wherein the request comprises an identification of the target EV charging station; [See [0032-0033] Uyeki1 teaches that when all compatible chargers at a certain charging station are unavailable, the system may prompt a user to select an alternative available charging station. Uyeki1 further teaches that the information comprises the identifications of each of the plurality of charging stations (i.e., wherein the request comprises an identification of the target EV charging station). For example, station “A”.]
check whether the request should be allowed by comparing the identification of the target EV charging station and the identifications of a plurality of EV charging stations in the data storage of the backup EV charging management system; [See [0032-0033] Uyeki1 teaches that when all compatible chargers at a certain charging station are unavailable, the system may prompt a user to select an alternative available charging station (i.e., check whether the request should be allowed by comparing the identification of the target EV charging station and the identifications of a plurality of EV charging stations in the data storage of the backup EV charging management system). Uyeki1 further teaches that the information comprises the identifications of each of the plurality of charging stations. For example, station “A”.]
in response to determining that the request should be allowed, transmit an acceptance message, indicating to accept the use of the target EV charging station, to the target EV charging station. [See [0032-0033] Uyeki1 teaches that when all compatible chargers at a certain charging station are unavailable, the system may prompt a user to select an alternative available charging station (i.e., in response to determining that the request should be allowed). Uyeki1 further teaches that the information comprises the identifications of each of the plurality of charging stations. For example, station “A”. Uyeki1 further teaches, after determining compatibility, prompting the user to accept the available charging station (i.e., transmit an acceptance message, indicating to accept the use of the target EV charging station, to the target EV charging station).]
Regarding claim 8, Uyeki1 discloses all claim 7 limitations. Uyeki1 further discloses the following limitations:
The backup EV charging management device, according to claim 7, wherein the data storage of the primary EV management system further comprises information about available connectors in each EV charging station in the plurality of EV charging stations [See [0031-0033] Uyeki1 teaches determining when compatible charging stations are available at a first location. Uyeki1 further teaches that when the first location has compatible charging stations available, it may display available charging station information received from the first location charging station database with available charging station information received from a second location charging station database and present this information in the form of as a listed set of currently available candidate charging stations (i.e., wherein the data storage of the primary EV management system further comprises information about available connectors in each EV charging station in the plurality of EV charging stations). Uyeki1 further teaches that the information comprises the identifications of each of the plurality of charging stations. For example, station “A”.]
wherein the request further comprises an indication of a connector the user wishes to use in the target EV charging station [See [0031-0033] Uyeki1 teaches determining when compatible charging stations are available at a first location. Uyeki1 further teaches that when the first location has compatible charging stations available, it may display available charging station information received from the first location charging station database with available charging station information received from a second location charging station database and present this information in the form of as a listed set of currently available candidate charging stations (i.e., wherein the data storage of the primary EV management system further comprises information about available connectors in each EV charging station in the plurality of EV charging stations). Uyeki1 [0023] further teaches that determining compatibility with a charger at a charging station includes determining whether a charger type at the charging station matches the charger type required (i.e., wherein the request further comprises an indication of a connector the user wishes to use in the target EV charging station).]
wherein the at least one memory and the computer program code are further configured to, with the at least one processor, cause the backup EV charging management device to: check whether the request should be allowed by comparing the indication of a connector the user wishes to use and information about available connectors in each EV charging station in the plurality of EV charging stations in the data storage of the backup EV charging management system. [See [0031-0033] Uyeki1 teaches determining when compatible charging stations are available at a first location. Uyeki1 further teaches that when the first location has compatible charging stations available, it may display available charging station information received from the first location charging station database with available charging station information received from a second location charging station database and present this information in the form of as a listed set of currently available candidate charging stations (i.e., wherein the data storage of the primary EV management system further comprises information about available connectors in each EV charging station in the plurality of EV charging stations). Uyeki1 [0023] further teaches that determining compatibility with a charger at a charging station includes determining whether a charger type at the charging station matches the charger type required (i.e., wherein the at least one memory and the computer program code are further configured to, with the at least one processor, cause the backup EV charging management device to: check whether the request should be allowed by comparing the indication of a connector the user wishes to use and information about available connectors in each EV charging station in the plurality of EV charging stations in the data storage of the backup EV charging management system).]
Regarding claim 11, Uyeki1 discloses all claim 7 limitations. Uyeki1 further discloses the following limitations:
The backup EV charging management device according to any of claims 7, wherein the at least one memory and the computer program code are further configured to, with the at least one processor, cause the backup EV charging management device to: when the primary EV charging management system is unavailable, store information about charging events into the data storage of the backup EV management system [See [0031-0033] Uyeki1 teaches determining when compatible charging stations are available at a first location. Uyeki1 further teaches that when the first location has compatible charging stations available, it may display available charging station information received from the first location charging station database with available charging station information received from a second location charging station database and present this information in the form of as a listed set of currently available candidate charging stations. Uyeki1 further teaches that the information comprises the identifications of each of the plurality of charging stations. For example, station “A”. Uyeki1 further teaches tracking which charging stations are currently available, which stations are unavailable, and which stations are predicted to be available soon (i.e., when the primary EV charging management system is unavailable, store information about charging events into the data storage of the backup EV management system).]
in response to the primary EV charging management system becoming available, provide the stored information about the charging events to the primary EV charging management system. [See [0031-0033] Uyeki1 teaches determining when compatible charging stations are available at a first location. Uyeki1 further teaches that when the first location has compatible charging stations available, it may display available charging station information received from the first location charging station database with available charging station information received from a second location charging station database and present this information in the form of as a listed set of currently available candidate charging stations. Uyeki1 further teaches that the information comprises the identifications of each of the plurality of charging stations. For example, station “A”. Uyeki1 further teaches tracking which charging stations are currently available, which stations are unavailable, and which stations are predicted to be available soon (i.e., in response to the primary EV charging management system becoming available, provide the stored information about the charging events to the primary EV charging management system).]
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 9 are rejected under 35 U.S.C. 103 as being unpatentable over Uyeki1 (U.S. Pub. No. 2012/0109519) in view of Uyeki2 (U.S. Pub. No. 2016/0375783).
Regarding claim 9, Uyeki1 discloses all claim 7 limitations. Uyeki1 does not, however Uyeki2 does, further discloses the following limitations:
The backup EV charging management device, according to claim 7, wherein the data storage of the primary EV management system further comprises a plurality of user identifications and wherein the request further comprises a user identification [See [0023-0024] Uyeki2 teaches identifying users of a chargeable vehicle and authorizing the use of a charging station based on the identification of the users.]
wherein the at least one memory and the computer program code are further configured to, with the at least one processor, cause the backup EV charging management device to: check whether the request should be allowed by comparing the user identification in the request to the plurality of user identifications in the data storage of the backup EV charging management system. [See [0023-0024] Uyeki2 teaches identifying users of a chargeable vehicle and authorizing the use of a charging station based on the identification of the users.]
It would have been obvious to one of ordinary skill in the art before the time of filing to combine the charging station management system of Uyeki1 with the charging station management system of Uyeki2. By making this combination, the system of Uyeki1 would be able to easily restrict use of charging stations by only certain users. For example, a user may only be allowed to use a charging station based on their status as a subscriber of a charging service.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Uyeki1 (U.S. Pub. No. 2012/0109519) in view of Uyeki2 (U.S. Pub. No. 2016/0375783).
Regarding claim 10, Uyeki1 discloses all claim 7 limitations. Uyeki1 further discloses the following limitations:
The backup EV charging management device, according to any of claims 7, wherein the data storage of the primary EV management system further comprises identifications of ongoing charging events [See [0031-0033] Uyeki1 teaches determining when compatible charging stations are available at a first location. Uyeki1 further teaches that when the first location has compatible charging stations available, it may display available charging station information received from the first location charging station database with available charging station information received from a second location charging station database and present this information in the form of as a listed set of currently available candidate charging stations. Uyeki1 further teaches that the information comprises the identifications of each of the plurality of charging stations. For example, station “A”. Uyeki1 further teaches tracking which charging stations are currently available, which stations are unavailable, and which stations are predicted to be available soon (i.e., wherein the data storage of the primary EV management system further comprises identifications of ongoing charging events).]
Uyeki1 does not, however Tsafack does, disclose the following limitations:
wherein the at least one memory and the computer program code are further configured to, with the at least one processor, cause the backup EV charging management device to: in response to receiving a request to stop charging comprising a charging event identification, check whether the request to stop charging should be allowed by comparing the identification in the request to the identifications of ongoing charging events in the data storage of the backup EV charging management system [See [0073] Tsafack teaches a user initiating a “Stop Charging” command via a user interface of their mobile device in order to stop charging at a charging station (i.e., in response to receiving a request to stop charging comprising a charging event identification). Tsafack further teaches the request includes identifying information identifying the charging point. This identifier could be acquired e.g. by the user manually inputting an identifier into the charging application, by acquiring an image of a QR code or similar visual encoding of the identifier displayed at the charging point using a camera of the user's device, or the identifier could be wirelessly transmitted from the charging point to the user device (e.g. via NFC, Near Field Communication or RFID, radio-frequency identification, or the like.) (i.e., check whether the request to stop charging should be allowed by comparing the identification in the request to the identifications of ongoing charging events in the data storage of the backup EV charging management system).]
in response to determining that the request to stop charging should be allowed, send a charging event stop command to an EV charging station corresponding to the charging event identification in the request [See [0073] Tsafack teaches a user initiating a “Stop Charging” command via a user interface of their mobile device in order to stop charging at a charging station. Tsafack further teaches the request includes identifying information identifying the charging point. This identifier could be acquired e.g. by the user manually inputting an identifier into the charging application, by acquiring an image of a QR code or similar visual encoding of the identifier displayed at the charging point using a camera of the user's device, or the identifier could be wirelessly transmitted from the charging point to the user device (e.g. via NFC, Near Field Communication or RFID, radio-frequency identification, or the like.). Tsafack [0074] further teaches that after the stop charging command and identifying information is received, the charging station will stop charging (i.e., in response to determining that the request to stop charging should be allowed, send a charging event stop command to an EV charging station corresponding to the charging event identification in the request).]
It would have been obvious to one of ordinary skill in the art before the time of filing to combine the charging station management system of Uyeki1 with the charging station management system of Tsafack. By making this combination, the system of Uyeki1 would be able to allow its user to stop charging their vehicle at a charging station, while also ensuring that only the owner of the vehicle being charged has the power to stop charging at the charging station.
Conclusion
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/CHRISTOPHER GOMEZ/
Examiner, Art Unit 3628
Prosecution Insights