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 . 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 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.
Status of Claims
Claims 1, 3-11, and 13-18 are pending and have been examined below.
Response to Arguments
Applicant’s arguments regarding Double Patenting have been considered. In light of new prior art found, a new Double Patenting rejection is presented below.
Applicant's amendments and arguments with respect to 35 USC 103 have been considered but are moot because the arguments do not apply to any of the references being used in the current rejection.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims of the instant application are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims of copending Application No. 18309772 (reference application) in view of US20230406143, US20220188946, US20210394642 and US20250033517. Although the claims at issue are not identical, they are not patentably distinct from each other because of the similarity and obvious variants between the two claim sets. The correspondence between the claims of the instant application and those of the reference application in view of US20230406143, US20220188946, US20210394642 and US20250033517 are listed in the table below.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Instant Application
US Application 18309772
US20230406143
US20220188946
US20210394642
US20250033517
claim 1
claims 1 and 2
n/a
paragraph 0063
paragraphs 0063 and 0038
paragraphs 0003 and 0284
claim 3
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paragraphs 0187 and 0089
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claim 4
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paragraphs 0106 and 0184
paragraph 0063
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claim 5
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paragraph 0026
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Figs. 11 and 12
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claim 10
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paragraph 0078
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claim 11
claims 10 and 11
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paragraph 0063
paragraphs 0063 and 0038
paragraphs 0003 and 0284
claim 13
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paragraphs 0187 and 0089
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claim 14
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paragraphs 0106 and 0184
paragraph 0063
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Figs. 11 and 12
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Additionally, claims of the instant application are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims of copending Application No. 18309767 (reference application) in view of US20230406143, US20220188946, US20210394642 and US20250033517. Although the claims at issue are not identical, they are not patentably distinct from each other because of the similarity and obvious variants between the two claim sets. The correspondence between the claims of the instant application and those of the reference application in view of US20230406143, US20220188946, US20210394642 and US20250033517 are listed in the table below.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Instant Application
Application 18309767
US20230406143
US20220188946
US20210394642
US20250033517
claim 1
claims 1, 3 and 15
n/a
paragraph 0063
paragraphs 0063 and 0038
paragraphs 0003 and 0284
claim 3
claim 17
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Figs. 11 and 12
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claim 10
claim 1
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claim 11
claims 1, 3 and 15
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paragraph 0063
paragraphs 0063 and 0038
paragraphs 0003 and 0284
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This modification of the reference applications in light of the secondary reference(s) is proper because the applied reference(s) is/are so related that the appearance of features shown in one would suggest the application of those features to the other. See In re Rosen, 673 F.2d 388, 213 USPQ 347 (CCPA 1982); In re Carter, 673 F.2d 1378, 213 USPQ 625 (CCPA 1982), and In re Glavas, 230 F.2d 447, 109 USPQ 50 (CCPA 1956). Further, it is noted that case law has held that a designer skilled in the art is charged with knowledge of the related art; therefore, the combination of old elements, herein, would have been well within the level of ordinary skill. See In re Antle, 444 F.2d 1168,170 USPQ 285 (CCPA 1971) and In re Nalbandian, 661 F.2d 1214, 211 USPQ 782 (CCPA 1981).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 USC 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 1-18 are rejected under 35 USC 103 as being unpatentable over US20230406143 (“Dow”) in view of US20220188946 (“Moura”), US20210394642 (“Maeda”) and US20250033517 (“Hancock”).
Claim 1
Dow discloses an electric vehicle charging control device (abstract) comprising:
an electronic dynamic charging schedule generator having an electronic controller configured to determine when an electric vehicle user accesses a charging port provided at a building structure being powered by an electric source (0005 only action required by a driver is to connect a charging cable to the EV and/or a charging station. When the charging cable is connected thereto, the EV is automatically authorized to identify itself to the charge point on behalf of the driver and receive energy for charging the battery., 0061 The supply device 10 according to an embodiment may be installed in a building, on a road, in a parking lot, in a charging hub, and in a vertiport or the like located on land, in the air, on water or on a roof of a building, or the like as an infrastructure for taking off and landing of an urban air mobility., 0078 the electrically powered device 20 may further include wired charging means as well as wireless charging means. In this case, the high-speed charging may be performed using at least one of the wireless charging means and the wired charging means., 0091 Referring to FIG. 2, a V2G system 200 may be roughly composed of a combination of one or more of a power grid 210, an in-factory and/or home power system 220, a charging station operating (CSO) system 230, a smart wired/wireless charging station 240, an electric vehicle 250, and a network 260., Fig. 11);
a non-transitory computer readable medium storing vehicle profile data for the electric vehicle (0016 charging/discharging schedule may be updated further based on at least one of a future travel plan set by a user, a pre-analyzed travel pattern, and a current battery charged state., 0191 determine the optimal charging/discharging schedule based on the user input travel plan and the received charging/discharging fee rate policy (S705). The electric vehicle 250 according to an embodiment may determine the optimal charging/discharging schedule further based on at least one of the user input travel plan (or travel pattern) and the battery charged state as well as the received charging/discharging fee rate policy., 0010 receiving an area code update request message including information on a new area code and a charging/discharging fee rate policy corresponding to the new area code from the server,); and
the electronic communicator being selected from the group consisting of: a wired connection that transmits information between the electric vehicle and the electronic controller and a wireless communication unit in communication with the electric vehicle and the electronic controller (0081 The communication terminal mounted on the urban air mobility may be connected to the supply device 10, another urban air mobility, the central control center, and the like via vehicle to everything (V2X) communication supported by 4G LTE/5G NR communication so as to exchange various information., 0083),
the electronic controller being programmed to generate a charging schedule for the electric vehicle based on the vehicle profile data, the charging schedule having a charge period in which the electric vehicle is receiving charge from the building structure and a discharge period in which the electric vehicle is providing charge to the building structure, the electronic controller controlling the charging port in accordance with the charging schedule (0010 receiving an area code update request message including information on a new area code and a charging/discharging fee rate policy corresponding to the new area code from the server, claim 1: receiving an area code update request message comprising information on a new area code and a charging/discharging fee rate policy corresponding to the new area code from the server; updating a charging/discharging schedule based on the charging/discharging fee rate policy corresponding to the new area code; and performing the charging/discharging with a charging station based on the updated charging/discharging schedule., 0091 Referring to FIG. 2, a V2G system 200 may be roughly composed of a combination of one or more of a power grid 210, an in-factory and/or home power system 220, a charging station operating (CSO) system 230, a smart wired/wireless charging station 240, an electric vehicle 250, and a network 260., 0088 For example, during a night time when electricity demand is low, the battery may be charged by supplying electrical energy to the electric vehicle, and during a day peak time when the electricity demand is high, the battery power charged in the electric vehicle may be reversely transmitted to the power grid to sell electricity., 0022 an electric vehicle charging controller that controls charging and discharging of the battery, and a charging/discharging device for charging or discharging the battery in association with a charging station under the control of the electric vehicle charging controller, 0023, 0153 second power conversion means 368 may convert the DC or AC power applied from the RESS 380 into DC or AC power required by the smart wired/wireless charging station 240 under the control of the second control communication means 367. In this regard, the converted power may be transmitted to the wired charging/discharging device 247 of the smart wired/wireless charging station 240 via the wired discharging plug 369., 0158 As described above, the electric vehicle 250 according to the present disclosure may dynamically obtain, via the network 260 and/or the smart wired/wireless charging station 240, the information on the system parameters and/or the charging/discharging fee rate policy corresponding to the area code and/or the power grid code and/or the smart wired/wireless charging station identification code for the charging/discharging based on the current location and/or the current travel path and/or the user input, thereby not only being able to set the optimal system parameters for the system protection, but also being able to perform the cost-optimized charging/discharging scheduling.).
Dow fails to explicitly disclose the vehicle profile data including at least one selected from the group consisting of: historic driving behavior and historic charging patterns for the electric vehicle, and a state-of-charge of a battery of the electric vehicle. However, Dow does disclose historic driving behavior for vehicles in the network (0017, 0027). Furthermore, Moura teaches a system of charging a vehicle according to a determined charging schedule based on vehicle profile data (0063, 0064, claim 1), including:
the vehicle profile data including at least one selected from the group consisting of: historic driving behavior and historic charging patterns for the electric vehicle, and a state-of-charge of a battery of the electric vehicle (0063 Upon arrival, the user or customer first submits the amount of energy needed and/or desired parking duration to the charging system controller 250, e.g., via communication 273 as described above. This information also may be estimated by the charging system controller 250 (and/or via a threessor), based on data previously provided by the customer, historical charging station utilization patterns, and/or vehicle data, such as current and historical battery state of charge, driving speed, geolocation, and other data. Similar to the charging system controller 150, the charging system controller 250 may also include a non-transitory computer readable medium having instructions stored therein that, when executed by a processor, calculate a pricing policy to generate the pricing options for the user (e.g., charging tariff for charging services, and overstaying penalty(v)), where the pricing options include charging-ASAP 274, charging-FLEX 280, or the user may decide to leave without charging at no cost (e.g., leave 286). The customer chooses a pricing option, and the charging system controller 250 generates the charging schedule., claim 1).
Dow and Moura both disclose systems of determining a charging schedule for a vehicle. Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of Applicant's invention and with a reasonable expectation of success to apply the known element(s) of Moura to the known system of Dow, the latter having been ready for improvement. The combination would have done no more than yield the predictable results of the vehicle profile data including at least one selected from the group consisting of: historic driving behavior and historic charging patterns for the electric vehicle, and a state-of-charge of a battery of the electric vehicle.
Additionally, Dow fails to disclose an electronic communicator configured to receive profile updates to the vehicle profile data as updated vehicle profile data from an electronic user interface; and the electronic controller being programmed to update the charging schedule for the electric vehicle based on the updated vehicle profile data from the electronic user interface, the updated vehicle profile data including at least one of an updated end charge time and an updated end state-of-charge for the electric vehicle. However, Dow does disclose receiving vehicle profile data (0106 In this case, the charging station operating system 230 may generate and maintain travel statistics data in units of days/weeks/months/quarters/seasons/years based on the travel information received from the electric vehicle 250. In an embodiment, the charging station operating system 230 may provide the travel statistics data of the corresponding electric vehicle 250 to the electric vehicle 250.). Furthermore, Maeda teaches a system of determining a charging schedule for a vehicle (abstract), including:
an electronic communicator configured to receive profile updates to the vehicle profile data as updated vehicle profile data from an electronic user interface (0063 The schedule 114 may be generated by virtue of a reservation interface of the position module 226. The reservation interface may be utilized by the user 108 to submit a reservation, appointment, meeting, etc. that would be included in the schedule 114. In some embodiments, the schedule 114 may include a proposed charging session that the user 108 selects for the vehicle 104. The proposed charging session may include a predicted charging end time. The predicted charging end time may be based on the charging parameters. The position module 226 may estimate the arrival time of the user 108 at the vehicle 104 to coincide with the predicted charging end time of the schedule 114. The user 108 of the vehicle 104 may use a display (not shown) of the vehicle 104 and/or the portable device 110 as an input device for the reservation interface as one example of the parked period may be input from the user 108., 0038 The user 108 may transmit a schedule 114 associated with the vehicle 104 via, for example, the portable device 110. The schedule 114 indicates the plans and/or actions of the user. For example, the schedule may include a partial timeline for the vehicle 104 and/or the user 108. The schedule 114 may be dynamic and change with input or location of the user 108.); and
the electronic controller being programmed to update the charging schedule for the electric vehicle based on the updated vehicle profile data from the electronic user interface, the updated vehicle profile data including at least one of an updated end charge time and an updated end state-of-charge for the electric vehicle (0063 The schedule 114 may be generated by virtue of a reservation interface of the position module 226. The reservation interface may be utilized by the user 108 to submit a reservation, appointment, meeting, etc. that would be included in the schedule 114. In some embodiments, the schedule 114 may include a proposed charging session that the user 108 selects for the vehicle 104. The proposed charging session may include a predicted charging end time. The predicted charging end time may be based on the charging parameters. The position module 226 may estimate the arrival time of the user 108 at the vehicle 104 to coincide with the predicted charging end time of the schedule 114. The user 108 of the vehicle 104 may use a display (not shown) of the vehicle 104 and/or the portable device 110 as an input device for the reservation interface as one example of the parked period may be input from the user 108., 0038 The user 108 may transmit a schedule 114 associated with the vehicle 104 via, for example, the portable device 110. The schedule 114 indicates the plans and/or actions of the user. For example, the schedule may include a partial timeline for the vehicle 104 and/or the user 108. The schedule 114 may be dynamic and change with input or location of the user 108., claim 16: determining an initial state of charge (SOC) limit for a vehicle associated with a user, wherein the initial SOC indicates an initial amount of charge that a charging station will provide the vehicle to increase a charge level of the vehicle; estimating an arrival time of the user at the vehicle, wherein the arrival time is based on a current location of the user; calculating an adjusted SOC limit based on the arrival time of the user; and setting the adjusted SOC limit so that the charging station will provide an adjusted amount of charge to the vehicle corresponding to the adjusted SOC limit.).
Dow and Maeda both disclose charging schedule systems for an electric vehicle. Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of Applicant's invention and with a reasonable expectation of success to apply the known element(s) of Maeda to the known system of Dow, the latter having been ready for improvement. The combination would have done no more than yield the predictable results of an electronic communicator configured to receive profile updates to the vehicle profile data as updated vehicle profile data from an electronic user interface; and the electronic controller being programmed to update the charging schedule for the electric vehicle based on the updated vehicle profile data from the electronic user interface, the updated vehicle profile data including at least one of an updated end charge time and an updated end state-of-charge for the electric vehicle.
Additionally, Dow fails to disclose the non-transitory computer readable medium storing building structure profile data for the building structure, the building structure profile data including dynamic data regarding at least one of electric load and utility use for the building structure; and wherein the charging schedule is updated based on the dynamic data. However, Dow does disclose building structure profile data for the building structure (0306, 0312, 0189, 0089). Furthermore, Hancock teaches a system of determining a charging schedule for an electric vehicle (0284), including:
the non-transitory computer readable medium storing building structure profile data for the building structure, the building structure profile data including dynamic data regarding at least one of electric load and utility use for the building structure (0284 The Engine 020 determines the location and charge station of each EV, the current battery level of each EV, and the charging needs for tomorrow 1606, and based on this calculates an optimisation plan. In more detail, the Engine 020 follows the optimised vehicle charging plan combined with the parking time interval plan to determine when and where each vehicle will be charged, including how long each of the vehicles must be charged. When the facility nears a peak or energy demand spikes the Engine 020 will then balance the facility's energy load through Vehicle to building bidirectional charging 1636. It determines when to discharge the EV's to avoid ToU and Peak demand penalties and how much to discharge from each vehicle so tomorrow's charging needs 1606 will still be met. The Engine 020 issues instructions to alter current charging schedule, and schedule a recharging to meet tomorrow's charging needs 1636. This method ensures that the facility operators or external clients are not charged more for energy during on-peak hours and may actually discharge stored energy back to the facility from the vehicle's batteries to avoid peak demand or Time of Use penalties.); and
wherein the charging schedule is updated based on the dynamic data (0284 The Engine 020 determines the location and charge station of each EV, the current battery level of each EV, and the charging needs for tomorrow 1606, and based on this calculates an optimisation plan. In more detail, the Engine 020 follows the optimised vehicle charging plan combined with the parking time interval plan to determine when and where each vehicle will be charged, including how long each of the vehicles must be charged. When the facility nears a peak or energy demand spikes the Engine 020 will then balance the facility's energy load through Vehicle to building bidirectional charging 1636. It determines when to discharge the EV's to avoid ToU and Peak demand penalties and how much to discharge from each vehicle so tomorrow's charging needs 1606 will still be met. The Engine 020 issues instructions to alter current charging schedule, and schedule a recharging to meet tomorrow's charging needs 1636. This method ensures that the facility operators or external clients are not charged more for energy during on-peak hours and may actually discharge stored energy back to the facility from the vehicle's batteries to avoid peak demand or Time of Use penalties.).
Dow and Hancock both disclose charging scheduling systems for electric vehicles. Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of Applicant's invention to modify the system in Dow to include the teaching of Hancock with a reasonable expectation of success in order to ensure that building operators or external clients are not charged more for energy during on-peak hours and discharge stored energy back to the facility from the vehicle's batteries to avoid peak demand or Time of Use penalties (Hancock: 0284).
Claim 3
Dow discloses wherein the electronic controller is further programmed to generate the charging schedule based on the building structure profile data (0187 FIG. 7 is a flowchart for illustrating a procedure for controlling the charging/discharging based on the charging/discharging schedule of the electric vehicle determined based on the charging/discharging fee rate policy for each area code in the V2G system., 0189, 0089 Introduction of such concept may relieve a power load during the peak time of the power and create a new revenue model for an electric vehicle owner, the power grid, and the like., 0088 during a night time when electricity demand is low, the battery may be charged by supplying electrical energy to the electric vehicle, and during a day peak time when the electricity demand is high, the battery power charged in the electric vehicle may be reversely transmitted to the power grid to sell electricity. Examiner notes that the demand here in Dow corresponds to the building structure profile data when the building structure is a power grid).
Claim 4
Dow fails to disclose wherein the vehicle profile data includes the historic driving behavior of the electric vehicle and the historic charging patterns of the electric vehicle. However, Dow does disclose wherein the vehicle profile data further includes historic vehicle driving behavior and historic vehicle charging patterns (0106 In this case, the charging station operating system 230 may determine an optimal charging/discharging schedule for the corresponding electric vehicle 250 based on the previously generated travel statistics data and the obtained current location and/or the information on the future travel schedule, and transmit the information on the determined charging/discharging schedule to the corresponding electric vehicle 250., 0184 In addition, the big data may further include additional statistical data such as a proportion and the number of electric vehicles capable of being charged/discharged for each area, an average charging time and an average discharging time for each electric vehicle type, a life pattern, driver's gender and age, a traffic volume, a driving distance, a battery charging characteristic, and the like.). Furthermore, Moura teaches:
wherein the vehicle profile data includes the historic driving behavior of the electric vehicle and the historic charging patterns of the electric vehicle (0063 Upon arrival, the user or customer first submits the amount of energy needed and/or desired parking duration to the charging system controller 250, e.g., via communication 273 as described above. This information also may be estimated by the charging system controller 250 (and/or via a threessor), based on data previously provided by the customer, historical charging station utilization patterns, and/or vehicle data, such as current and historical battery state of charge, driving speed, geolocation, and other data. Similar to the charging system controller 150, the charging system controller 250 may also include a non-transitory computer readable medium having instructions stored therein that, when executed by a processor, calculate a pricing policy to generate the pricing options for the user (e.g., charging tariff for charging services, and overstaying penalty(v)), where the pricing options include charging-ASAP 274, charging-FLEX 280, or the user may decide to leave without charging at no cost (e.g., leave 286). The customer chooses a pricing option, and the charging system controller 250 generates the charging schedule., claim 1).
See prior art rejection of claim 1 for obviousness and reasons to combine.
Claim 5
Dow fails to explicitly disclose wherein the vehicle profile data includes the state-of-charge of the battery of the electric vehicle. However, Dow does disclose vehicle profile data including state-of-charge (0026 charging/discharging schedule may be updated further based on at least one of a future travel plan set by the user, a pre-analyzed travel pattern, and a current battery charged state.). Furthermore, Moura teaches:
wherein the vehicle profile data includes the state-of-charge of the battery of the electric vehicle (0063 Upon arrival, the user or customer first submits the amount of energy needed and/or desired parking duration to the charging system controller 250, e.g., via communication 273 as described above. This information also may be estimated by the charging system controller 250 (and/or via a threessor), based on data previously provided by the customer, historical charging station utilization patterns, and/or vehicle data, such as current and historical battery state of charge, driving speed, geolocation, and other data. Similar to the charging system controller 150, the charging system controller 250 may also include a non-transitory computer readable medium having instructions stored therein that, when executed by a processor, calculate a pricing policy to generate the pricing options for the user (e.g., charging tariff for charging services, and overstaying penalty(v)), where the pricing options include charging-ASAP 274, charging-FLEX 280, or the user may decide to leave without charging at no cost (e.g., leave 286). The customer chooses a pricing option, and the charging system controller 250 generates the charging schedule., claim 1).
See prior art rejection of claim 1 for obviousness and reasons to combine.
Claim 6
Dow discloses wherein the electronic controller is programmed to determine that the charge period substantially corresponds to a period in which the building structure is in a low electric use period based on the building structure profile data (0088 For example, during a night time when electricity demand is low, the battery may be charged by supplying electrical energy to the electric vehicle, and during a day peak time when the electricity demand is high, the battery power charged in the electric vehicle may be reversely transmitted to the power grid to sell electricity. Examiner notes that one of ordinary skill would have acknowledged that the demand of the power grid corresponds to the electric use of the grid).
Claim 7
Dow discloses wherein the electronic controller is programmed to determine that the discharge period correspond to a period in which the building structure is in a high electric use period based on the building structure profile data (0088 For example, during a night time when electricity demand is low, the battery may be charged by supplying electrical energy to the electric vehicle, and during a day peak time when the electricity demand is high, the battery power charged in the electric vehicle may be reversely transmitted to the power grid to sell electricity. Examiner notes that one of ordinary skill would have acknowledged that the demand of the power grid corresponds to the electric use of the grid).
Claim 8
Dow discloses wherein the electronic controller is further programmed to determine a recharge period in which the electric vehicle further receives charge from the building structure (Figs. 11 and 12, 0087, 0088).
Claim 9
Dow discloses wherein the electronic controller is programmed to generate the charging schedule having the charge period as a first period, followed by the discharge period as a second period and followed by the recharge period as a third period, the first, second and third periods occurring in succession (0111 electric vehicle 250 according to an embodiment may perform the discharging scheduling by dynamically determining a discharging time period leading to a maximum discharging fee based on the fee rate policy information corresponding to the corresponding area code., 0112 the electric vehicle 250 according to an embodiment may perform the charging scheduling by dynamically determining a charging time period leading to a minimum charging fee based on the fee rate policy information corresponding to the corresponding area code., Figs. 11 and 12, 0088).
Claim 10
Dow discloses charging station having the electric vehicle charging control device of claim 1, comprising the charging port (0094, 0095, 0078 the electrically powered device 20 may further include wired charging means as well as wireless charging means. In this case, the high-speed charging may be performed using at least one of the wireless charging means and the wired charging means. See prior art rejection of claim 1).
Claim 11
Dow discloses an electronic dynamic charging control method to be executed by a computer (abstract), the method comprising:
determining when an electric vehicle user accesses a charging port provided at a building structure being powered by an electric source (0005 only action required by a driver is to connect a charging cable to the EV and/or a charging station. When the charging cable is connected thereto, the EV is automatically authorized to identify itself to the charge point on behalf of the driver and receive energy for charging the battery., 0061 The supply device 10 according to an embodiment may be installed in a building, on a road, in a parking lot, in a charging hub, and in a vertiport or the like located on land, in the air, on water or on a roof of a building, or the like as an infrastructure for taking off and landing of an urban air mobility., 0078 the electrically powered device 20 may further include wired charging means as well as wireless charging means. In this case, the high-speed charging may be performed using at least one of the wireless charging means and the wired charging means., 0091 Referring to FIG. 2, a V2G system 200 may be roughly composed of a combination of one or more of a power grid 210, an in-factory and/or home power system 220, a charging station operating (CSO) system 230, a smart wired/wireless charging station 240, an electric vehicle 250, and a network 260.);
accessing vehicle profile data for the electric vehicle from a non-transitory computer readable medium storing the vehicle profile data (0016 charging/discharging schedule may be updated further based on at least one of a future travel plan set by a user, a pre-analyzed travel pattern, and a current battery charged state., 0191 determine the optimal charging/discharging schedule based on the user input travel plan and the received charging/discharging fee rate policy (S705). The electric vehicle 250 according to an embodiment may determine the optimal charging/discharging schedule further based on at least one of the user input travel plan (or travel pattern) and the battery charged state as well as the received charging/discharging fee rate policy., 0010 receiving an area code update request message including information on a new area code and a charging/discharging fee rate policy corresponding to the new area code from the server,); and
generating a charging schedule for the electric vehicle based on the vehicle profile data, the charging schedule having a charge period in which the electric vehicle is receiving charge from the building structure and a discharge period in which the electric vehicle is providing charge to the building structure (claim 1: receiving an area code update request message comprising information on a new area code and a charging/discharging fee rate policy corresponding to the new area code from the server; updating a charging/discharging schedule based on the charging/discharging fee rate policy corresponding to the new area code; and performing the charging/discharging with a charging station based on the updated charging/discharging schedule., 0091 Referring to FIG. 2, a V2G system 200 may be roughly composed of a combination of one or more of a power grid 210, an in-factory and/or home power system 220, a charging station operating (CSO) system 230, a smart wired/wireless charging station 240, an electric vehicle 250, and a network 260., 0088 For example, during a night time when electricity demand is low, the battery may be charged by supplying electrical energy to the electric vehicle, and during a day peak time when the electricity demand is high, the battery power charged in the electric vehicle may be reversely transmitted to the power grid to sell electricity.); and
controlling the charging port in accordance with the charging schedule (0022 an electric vehicle charging controller that controls charging and discharging of the battery, and a charging/discharging device for charging or discharging the battery in association with a charging station under the control of the electric vehicle charging controller, 0023, 0153 second power conversion means 368 may convert the DC or AC power applied from the RESS 380 into DC or AC power required by the smart wired/wireless charging station 240 under the control of the second control communication means 367. In this regard, the converted power may be transmitted to the wired charging/discharging device 247 of the smart wired/wireless charging station 240 via the wired discharging plug 369., 0158 As described above, the electric vehicle 250 according to the present disclosure may dynamically obtain, via the network 260 and/or the smart wired/wireless charging station 240, the information on the system parameters and/or the charging/discharging fee rate policy corresponding to the area code and/or the power grid code and/or the smart wired/wireless charging station identification code for the charging/discharging based on the current location and/or the current travel path and/or the user input, thereby not only being able to set the optimal system parameters for the system protection, but also being able to perform the cost-optimized charging/discharging scheduling.).
Dow fails to explicitly disclose the vehicle profile data including at least one selected from the group consisting of: historic driving behavior and historic charging patterns for the electric vehicle, and a state-of-charge of a battery of the electric vehicle. However, Dow does disclose historic driving behavior for vehicles in the network (0017, 0027). Furthermore, Moura teaches a system of charging a vehicle according to a determined charging schedule based on vehicle profile data (0063, 0064, claim 1), including:
the vehicle profile data including at least one selected from the group consisting of: historic driving behavior and historic charging patterns for the electric vehicle, and a state-of-charge of a battery of the electric vehicle (0063 Upon arrival, the user or customer first submits the amount of energy needed and/or desired parking duration to the charging system controller 250, e.g., via communication 273 as described above. This information also may be estimated by the charging system controller 250 (and/or via a threessor), based on data previously provided by the customer, historical charging station utilization patterns, and/or vehicle data, such as current and historical battery state of charge, driving speed, geolocation, and other data. Similar to the charging system controller 150, the charging system controller 250 may also include a non-transitory computer readable medium having instructions stored therein that, when executed by a processor, calculate a pricing policy to generate the pricing options for the user (e.g., charging tariff for charging services, and overstaying penalty(v)), where the pricing options include charging-ASAP 274, charging-FLEX 280, or the user may decide to leave without charging at no cost (e.g., leave 286). The customer chooses a pricing option, and the charging system controller 250 generates the charging schedule., claim 1).
See prior art rejection of claim 1 for obviousness and reasons to combine.
Additionally, Dow fails to disclose receiving profile updates to the vehicle profile data as updated vehicle profile data from a user interface; and updating the charging schedule for the electric vehicle based on the updated vehicle profile data from the electronic user interface, the updated vehicle profile data including at least one of: an updated end charge time and an updated end state-of-charge for the electric vehicle (0106 In this case, the charging station operating system 230 may generate and maintain travel statistics data in units of days/weeks/months/quarters/seasons/years based on the travel information received from the electric vehicle 250. In an embodiment, the charging station operating system 230 may provide the travel statistics data of the corresponding electric vehicle 250 to the electric vehicle 250.). Furthermore, Maeda teaches a system of determining a charging schedule for a vehicle (abstract), including:
receiving profile updates to the vehicle profile data as updated vehicle profile data from a user interface (0063 The schedule 114 may be generated by virtue of a reservation interface of the position module 226. The reservation interface may be utilized by the user 108 to submit a reservation, appointment, meeting, etc. that would be included in the schedule 114. In some embodiments, the schedule 114 may include a proposed charging session that the user 108 selects for the vehicle 104. The proposed charging session may include a predicted charging end time. The predicted charging end time may be based on the charging parameters. The position module 226 may estimate the arrival time of the user 108 at the vehicle 104 to coincide with the predicted charging end time of the schedule 114. The user 108 of the vehicle 104 may use a display (not shown) of the vehicle 104 and/or the portable device 110 as an input device for the reservation interface as one example of the parked period may be input from the user 108., 0038 The user 108 may transmit a schedule 114 associated with the vehicle 104 via, for example, the portable device 110. The schedule 114 indicates the plans and/or actions of the user. For example, the schedule may include a partial timeline for the vehicle 104 and/or the user 108. The schedule 114 may be dynamic and change with input or location of the user 108.); and
updating the charging schedule for the electric vehicle based on the updated vehicle profile data from the electronic user interface, the updated vehicle profile data including at least one of: an updated end charge time and an updated end state-of-charge for the electric vehicle (0063 The schedule 114 may be generated by virtue of a reservation interface of the position module 226. The reservation interface may be utilized by the user 108 to submit a reservation, appointment, meeting, etc. that would be included in the schedule 114. In some embodiments, the schedule 114 may include a proposed charging session that the user 108 selects for the vehicle 104. The proposed charging session may include a predicted charging end time. The predicted charging end time may be based on the charging parameters. The position module 226 may estimate the arrival time of the user 108 at the vehicle 104 to coincide with the predicted charging end time of the schedule 114. The user 108 of the vehicle 104 may use a display (not shown) of the vehicle 104 and/or the portable device 110 as an input device for the reservation interface as one example of the parked period may be input from the user 108., 0038 The user 108 may transmit a schedule 114 associated with the vehicle 104 via, for example, the portable device 110. The schedule 114 indicates the plans and/or actions of the user. For example, the schedule may include a partial timeline for the vehicle 104 and/or the user 108. The schedule 114 may be dynamic and change with input or location of the user 108., claim 16: determining an initial state of charge (SOC) limit for a vehicle associated with a user, wherein the initial SOC indicates an initial amount of charge that a charging station will provide the vehicle to increase a charge level of the vehicle; estimating an arrival time of the user at the vehicle, wherein the arrival time is based on a current location of the user; calculating an adjusted SOC limit based on the arrival time of the user; and setting the adjusted SOC limit so that the charging station will provide an adjusted amount of charge to the vehicle corresponding to the adjusted SOC limit.).
See prior art rejection of claim 1 for obviousness and reasons to combine.
Additionally, Dow fails to disclose accessing building structure profile data for the building structure from a non-transitory computer readable medium storing the building structure profile data for the building structure, the building structure profile data including dynamic data regarding at least one of electric load and utility use for the building structure; and wherein the charging schedule is updated based on the dynamic data. However, Dow does disclose building structure profile data for the building structure (0306, 0312, 0189, 0089). Furthermore, Hancock teaches a system of determining a charging schedule for an electric vehicle (0284), including:
accessing building structure profile data for the building structure from a non-transitory computer readable medium storing the building structure profile data for the building structure, the building structure profile data including dynamic data regarding at least one of electric load and utility use for the building structure (0284 The Engine 020 determines the location and charge station of each EV, the current battery level of each EV, and the charging needs for tomorrow 1606, and based on this calculates an optimisation plan. In more detail, the Engine 020 follows the optimised vehicle charging plan combined with the parking time interval plan to determine when and where each vehicle will be charged, including how long each of the vehicles must be charged. When the facility nears a peak or energy demand spikes the Engine 020 will then balance the facility's energy load through Vehicle to building bidirectional charging 1636. It determines when to discharge the EV's to avoid ToU and Peak demand penalties and how much to discharge from each vehicle so tomorrow's charging needs 1606 will still be met. The Engine 020 issues instructions to alter current charging schedule, and schedule a recharging to meet tomorrow's charging needs 1636. This method ensures that the facility operators or external clients are not charged more for energy during on-peak hours and may actually discharge stored energy back to the facility from the vehicle's batteries to avoid peak demand or Time of Use penalties.); and
wherein the charging schedule is updated based on the dynamic data (0284 The Engine 020 determines the location and charge station of each EV, the current battery level of each EV, and the charging needs for tomorrow 1606, and based on this calculates an optimisation plan. In more detail, the Engine 020 follows the optimised vehicle charging plan combined with the parking time interval plan to determine when and where each vehicle will be charged, including how long each of the vehicles must be charged. When the facility nears a peak or energy demand spikes the Engine 020 will then balance the facility's energy load through Vehicle to building bidirectional charging 1636. It determines when to discharge the EV's to avoid ToU and Peak demand penalties and how much to discharge from each vehicle so tomorrow's charging needs 1606 will still be met. The Engine 020 issues instructions to alter current charging schedule, and schedule a recharging to meet tomorrow's charging needs 1636. This method ensures that the facility operators or external clients are not charged more for energy during on-peak hours and may actually discharge stored energy back to the facility from the vehicle's batteries to avoid peak demand or Time of Use penalties.).
See prior art rejection of claim 1 for obviousness and reasons to combine.
Claim 13
Dow discloses wherein generating the charging schedule based on the building structure profile data (0187 FIG. 7 is a flowchart for illustrating a procedure for controlling the charging/discharging based on the charging/discharging schedule of the electric vehicle determined based on the charging/discharging fee rate policy for each area code in the V2G system., 0189, 0089 Introduction of such concept may relieve a power load during the peak time of the power and create a new revenue model for an electric vehicle owner, the power grid, and the like., 0088 during a night time when electricity demand is low, the battery may be charged by supplying electrical energy to the electric vehicle, and during a day peak time when the electricity demand is high, the battery power charged in the electric vehicle may be reversely transmitted to the power grid to sell electricity. Examiner notes that the demand here in Dow corresponds to the building structure profile data when the building structure is a power grid).
Claim 14
Dow fails to disclose wherein the vehicle profile data includes the historic driving behavior of the electric vehicle and the historic charging patterns of the electric vehicle. However, Dow does disclose wherein the vehicle profile data further includes historic vehicle driving behavior and historic vehicle charging patterns (0106 In this case, the charging station operating system 230 may determine an optimal charging/discharging schedule for the corresponding electric vehicle 250 based on the previously generated travel statistics data and the obtained current location and/or the information on the future travel schedule, and transmit the information on the determined charging/discharging schedule to the corresponding electric vehicle 250., 0184 In addition, the big data may further include additional statistical data such as a proportion and the number of electric vehicles capable of being charged/discharged for each area, an average charging time and an average discharging time for each electric vehicle type, a life pattern, driver's gender and age, a traffic volume, a driving distance, a battery charging characteristic, and the like.). Furthermore, Moura teaches:
wherein the vehicle profile data includes the historic driving behavior of the electric vehicle and the historic charging patterns of the electric vehicle (0063 Upon arrival, the user or customer first submits the amount of energy needed and/or desired parking duration to the charging system controller 250, e.g., via communication 273 as described above. This information also may be estimated by the charging system controller 250 (and/or via a threessor), based on data previously provided by the customer, historical charging station utilization patterns, and/or vehicle data, such as current and historical battery state of charge, driving speed, geolocation, and other data. Similar to the charging system controller 150, the charging system controller 250 may also include a non-transitory computer readable medium having instructions stored therein that, when executed by a processor, calculate a pricing policy to generate the pricing options for the user (e.g., charging tariff for charging services, and overstaying penalty(v)), where the pricing options include charging-ASAP 274, charging-FLEX 280, or the user may decide to leave without charging at no cost (e.g., leave 286). The customer chooses a pricing option, and the charging system controller 250 generates the charging schedule., claim 1).
See prior art rejection of claim 1 for obviousness and reasons to combine.
Claim 15
Dow discloses wherein determining that the charge period substantially corresponds to a period in which the building structure is in a low electric use period (0088 For example, during a night time when electricity demand is low, the battery may be charged by supplying electrical energy to the electric vehicle, and during a day peak time when the electricity demand is high, the battery power charged in the electric vehicle may be reversely transmitted to the power grid to sell electricity. Examiner notes that one of ordinary skill would have acknowledged that the demand of the power grid corresponds to the electric use of the grid).
Claim 16
Dow discloses wherein determining that the discharge period substantially corresponds to a period in which the building structure is in a high electric use period (0088 For example, during a night time when electricity demand is low, the battery may be charged by supplying electrical energy to the electric vehicle, and during a day peak time when the electricity demand is high, the battery power charged in the electric vehicle may be reversely transmitted to the power grid to sell electricity. Examiner notes that one of ordinary skill would have acknowledged that the demand of the power grid corresponds to the electric use of the grid).
Claim 17
Dow discloses wherein determining a recharge period for the charging schedule in which the vehicle further receives charge from the building structure (Figs. 11 and 12, 0087, 0088).
Claim 18
Dow discloses wherein determining that the charge period is a first period, the discharge period as a second period and the recharge period as a third period, the first, second and third periods occurring in succession (0111 electric vehicle 250 according to an embodiment may perform the discharging scheduling by dynamically determining a discharging time period leading to a maximum discharging fee based on the fee rate policy information corresponding to the corresponding area code., 0112 the electric vehicle 250 according to an embodiment may perform the charging scheduling by dynamically determining a charging time period leading to a minimum charging fee based on the fee rate policy information corresponding to the corresponding area code., Figs. 11 and 12, 0088).
Conclusion
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 extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Examiner Krishnan Ramesh, whose telephone number is (571)272-6407. The examiner can normally be reached Monday-Friday 8:30am-5:00pm.
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/KRISHNAN RAMESH/
Primary Examiner, Art Unit 3663