DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 10/03/2023, 12/29/2023, 04/03/2024, 07/01/2024, 12/19/2024, and 12/02/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Response to Amendment
Acknowledgement is made of the preliminary amendment filed on 08/02/2023 in which claims 1-20 were canceled and claims 21-40 added. Therefore, claims 21-40 are pending for examination below.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of pre-AIA 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 –
(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States.
Claim(s) 21-25, 29-30, and 34 is/are rejected under pre-AIA 35 U.S.C. 102(b) as being anticipated by Tseng [US 5,563,491].
With respect to claim 21, Tseng discloses a system for charging a battery of a vehicle [Figs 1-2], the system comprising: a controller [335 and/or 130’] configured to: wirelessly receive [i.e. the controller is described as “detached” and “remote”], during charging of the battery with the battery charger, a level of charge of the battery [col. 3 line 57 to col. 4 line 16], and responsive to the level of charge of the battery reaching a predetermined threshold level of charge and before the charging of the battery is complete, generating a notification to a user indicating the predetermined threshold level of charge of the battery [col. 5 lines 5-25; i.e. the user has the remote while away from charging, the remote receives data throughout the charging process, and displays notifications to the user indicating as least low/medium/high thresholds of the level of charge of the battery].
With respect to claim 22, Tseng further discloses wherein the controller is a portable controller remote from the vehicle and the battery charger [Fig. 2; i.e. the user “takes the detached receiver” with them while away].
With respect to claims 23 and 30, Tseng further discloses wherein the signal indicative of the level of charge of the battery is received from a transmitter of the battery charger [col. 4; “transmitted by the station”].
With respect to claim 24, Tseng further discloses wherein the notification is an indicator on a display viewable by the user [132; note item 132 does not appear to be mentioned in the spec it is clear the spec recites the receiver includes a visual indicator].
With respect to claim 25, Tseng further discloses wherein the display is electrically coupled to the controller [132 is part of 130’].
With respect to claim 29, Tseng discloses a method of charging a battery of a vehicle [Fig. 1-2], the method comprising: wirelessly receiving [i.e. the controller is described as “detached” and “remote”], during charging of the battery, a level of charge of the battery [col. 3 line 57 to col. 4 line 16]; comparing, during the charging of the battery, a level of charge of the battery to a predetermined threshold level of charge and generating and providing, during the charging of the battery and before charging of the battery is complete, a notification indicating that the level of charge of the battery has reached the predetermined threshold level of charge [col. 5 lines 5-25; i.e. the user has the remote while away from charging, the remote receives data throughout the charging process, and displays notifications to the user indicating as least low/medium/high thresholds of the level of charge of the battery; further note that a comparative operation implicitly is required to take place for the determination of whether to illuminate the low or medium or high charge level notification to the user].
With respect to claim 34, Tseng discloses a system for charging a battery of a vehicle and for wireless communication with a phone [Figs 1-2], the system comprising: a phone wirelessly communicating with battery charger [335 and/or 130’; note claims 2 details the transmitter that sends the status information to the remote receiver does so by way of a telephone line and therefore under BRI the receiver is equates to a “phone”], the phone including a controller configured to: wireless receiving, during the charging session, a level of charge of the battery from the battery charger [col. 3 line 57 to col. 4 line 16], compare, during the charging session, the level of charge of the battery to a predetermined threshold level of charge and responsive to detection of the level of charge of the battery reaching the predetermined threshold level of charge during the charging session and before charging of the battery is complete, generating a notification indicative of the level of charge being reached [col. 5 lines 5-25; i.e. the user has the remote while away from charging, the remote receives data throughout the charging process, and displays notifications to the user indicating as least low/medium/high thresholds of the level of charge of the battery; further note that a comparative operation implicitly is required to take place for the determination of whether to illuminate the low or medium or high charge level notification to the user].
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 26-27, 32, 35-37, and 39 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Tseng [US 5,563,491] as applied above, and further in view of Berdichevsky et al. [US 2008/0312782].
With respect to claims 26, 32, and 35, Tseng’s visual indicator fails to explicitly disclose wherein the notification is at least one selected from a group consisting of a text and an e-mail.
Berdichevsky relates to a communication interface between an electric vehicle and a user with a phone for enabling communication and control between the two and teaches wherein a notification consists of a text or e-mail [par. 0027, 0029, 0034; note the communications specifically recite being for querying/monitoring the vehicles battery SOC].
Therefore, it would have been obvious to a person having ordinary skill in the art before the invention was made to modify Tseng to utilize Berdichevsky’s phone with text/e-mail for the benefit of allowing greater detail of information regarding the state of the battery (i.e. text enable much greater detail/accuracy that three LED bulbs).
With respect to claims 27 and 36, Tseng fails to explicitly disclose wherein the controller is further configured to transmit a signal to stop charging of the battery.
Berdichevsky relates to a communication interface between an electric vehicle and a user with a phone for enabling communication and control between the two and teaches allowing the user, via the cell phone, to transmit a signal to stop charging of the battery [par. 0029 and claim 12].
Therefore, it would have been obvious to a person having ordinary skill in the art before the invention was made to modify Tseng to utilize Berdichevsky’s cell phone with user control for the benefit of providing for an interface that will allow for communication between the user and the vehicle to enable the user to control aspects of charging/discharging the battery as explicitly stated [par. 0016].
With respect to claim 37, Berdichevsky further discloses transmitting a second signal, after the first, to resume charging [claim 12; i.e. allows user override; further see par. 0029 which states the user control allows the powering on and off to be in cycles and therefore discloses multiple/repeating signals of starting/stopping charging].
Therefore, it would have been obvious to a person having ordinary skill in the art before the invention was made to modify Tseng to transmit the second signal for the benefit of providing for an interface that will allow for communication between the user and the vehicle to enable the user to control aspects of charging/discharging the battery as explicitly stated [par. 0016].
With respect to claim 39, Berdichevsky further discloses receiving a second signal indicative of an interruption of power to the battery charger during the charging session [par. 0029; i.e. notifying that a problem occurred during charging and/or determining that the battery has not been charging].
Therefore, it would have been obvious to a person having ordinary skill in the art before the invention was made to modify Tseng to receive the second signal for the benefit of providing for an interface that will allow for communication between the user and the vehicle to enable the user to quickly ascertain while away that an issue has occurred.
Claims 28, 33, and 40 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Tseng [US 5,563,491] as applied above, and further in view of Mahowald [US 2009/0289603].
With respect to claims 28, 33, and 40, Tseng fails to disclose wherein the controller is configured to receive, via a user- manipulatable control, data indicative of the predetermined threshold level of charge.
Mahowald relates to a method for user controlled charging of a battery and teaches wherein a controller is configured to receive, via a user-manipulatable control, data indicative of a threshold level [Fig. 4; par. 0040; i.e. user entered programmable threshold].
Therefore, it would have been obvious to a person having ordinary skill in the art before the invention was made to modify Tseng to include a user controlled threshold input as taught by Mahowald for the benefit of enabling the user to set threshold levels tailored on their preferences.
Claims 31 and 38 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Tseng [US 5,563,491] as applied above, and further in view of Wang [US 2008/0054845].
With respect to claims 31 and 38, Tseng further discloses wirelessly receiving the level of charge from a transmitter of a vehicular battery charger as detailed above, but fails to disclose the battery charger being a portable (as a single unit) controller remote from the vehicle and charger. Note, Tseng shows the power cables being partially detachable/remote.
Wang relates to a battery charger including its own housing and charging circuitry to enable a portable nature of the charging cord and circuitry and teaches the battery charger is releasably attachable to the vehicle and the source of power as a single portable unit [Fig. 2].
Therefore, it would have been obvious to a person having ordinary skill in the art before the invention was made to modify Tseng to enable connections to allow for portable/remote charging cables for the benefit of providing flexibility and convenience by allowing easy replacement/maintenance of the charging cords (i.e. without dissembling the main post).
Further, it is noted, that the claims does necessitate the presence of the battery charger, only the ability of the claimed phone/controller to wirelessly connect with the battery charger. Thus, any recitation with regard to the functionality of the recited battery charger doesn’t add patentable weight to the claim since the prior art is capable of being used in the manner intended.
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 21-40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-14 of U.S. Patent No. 11,258,107. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the instant invention are entirely encompassed by the parent patent, i.e. the current claims are presented in a broader format.
Claims of instant application
Claims of conflicting patent
21. A system for charging a battery of a vehicle, the system comprising: a controller configured to: wirelessly receive, during charging of the battery with the battery charger, a level of charge of the battery, and responsive to the level of charge of the battery reaching a predetermined threshold level of charge and before the charging of the battery is complete, generating a notification to a user indicating the predetermined threshold level of charge of the battery.
1. A system for charging a battery of a vehicle, the system comprising: a battery charger having: an electrical power cord releasably attachable to at least one of the vehicle and a source of power; a transmitter; a controller electrically coupled to the electrical power cord and to the transmitter, the controller configured to: receive, via a user-manipulatable control, data indicative of a predetermined threshold level of charge by which the controller sends an alert, the predetermined threshold level of charge being less than a full charge of the battery, compare, during charging of the battery with the battery charger, a level of charge of the battery to the predetermined threshold level of charge, and responsive to the level of charge of the battery reaching the predetermined threshold level of charge of the battery, send, before the charging of the battery is complete, at least one signal as the alert via the transmitter, the at least one signal indicative of the predetermined threshold level of charge of the battery; and a portable controller remote from the vehicle and battery charger, the portable controller configured to wirelessly communicate with the controller of the battery charger via the transmitter; wherein the portable controller generates a notification to a user indicating the predetermined threshold level of charge of the battery following and as the result of receiving the at least one signal indicative of the predetermined threshold level of charge of the battery.
29. A method of charging a battery of a vehicle, the method comprising: wirelessly receiving, during charging of the battery, a level of charge of the battery; comparing, during the charging of the battery, a level of charge of the battery to a predetermined threshold level of charge; and generating and providing, during the charging of the battery and before charging of the battery is complete, a notification indicating that the level of charge of the battery has reached the predetermined threshold level of charge.
6. A method of charging a battery of a vehicle, the method comprising: establishing wireless communication between a controller of the vehicular battery charger and a portable controller of a user remote from the vehicle and the vehicular battery charger; receiving, via a user-manipulatable control, data indicative of a predetermined threshold level of charge by which the controller sends an alert, the predetermined threshold level of charge being less than a full charge of the battery; supplying power to the battery of the vehicle via the vehicular battery charger; comparing, during charging of the battery with the vehicular battery charger, a level of charge of the battery to the predetermined threshold level of charge; and generating and wirelessly transmitting, during the charging of the battery and before the charging of the battery is complete, a signal to the portable controller responsive to detecting the level of charge of the battery reaching the predetermined level of charge of the battery.
34. A system for charging a battery of a vehicle and for wireless communication with a phone, the system comprising: a phone wirelessly communicating with battery charger, the phone including a controller configured to: wireless receiving, during the charging session, a level of charge of the battery from the battery charger, compare, during the charging session, the level of charge of the battery to a predetermined threshold level of charge, and responsive to detection of the level of charge of the battery reaching the predetermined threshold level of charge during the charging session and before charging of the battery is complete, generating a notification indicative of the level of charge being reached.
10. A system for charging a battery of a vehicle and for wireless communication with a phone having a controller, the system comprising: a battery charger having: an electrical power cord releasably attachable to at least one of the vehicle and a source of power; a transmitter; a battery charger controller electrically coupled to the electrical power cord and to the transmitter, the battery charger controller configured to: wirelessly communicate with the controller of the phone by sending signals via the transmitter, control supply of power to the battery in the course of a charging session as the level of charge of the battery is increased, receive, via a user-manipulatable control, data indicative of a predetermined threshold level of charge by which the battery charger controller sends an alert, the predetermined threshold level of charge being less than a full charge of the battery; compare, during charging of the battery with the vehicular battery charger, a level of charge of the battery to the predetermined threshold level of charge; and responsive to detection of the level of charge of the battery reaching the predetermined threshold level of charge during the charging session and before charging of the battery is complete, send a signal indicative of the level of charge being reached via the transmitter to the controller of the phone as the alert.
Dependent claims 22-28, 30-33, and 35-40 also correspond to the same claim limitations found in and encompassed throughout claims 1-14 of the conflicting patent.
Claims 21-40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,721,844. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the instant invention are performing the same function as the conflicting patent, but are merely receiving instead of transmitting.
Claims of the instant application
Claims of the conflicting patent
21. A system for charging a battery of a vehicle, the system comprising: a controller configured to: wirelessly receive, during charging of the battery with the battery charger, a level of charge of the battery, and responsive to the level of charge of the battery reaching a predetermined threshold level of charge and before the charging of the battery is complete, generating a notification to a user indicating the predetermined threshold level of charge of the battery.
1. A system for charging a battery of a vehicle, the system comprising: a controller electrically coupled to a battery charger, the controller configured to: compare, during charging of the battery with the battery charger, a level of charge of the battery to a predetermined threshold level of charge, and responsive to the level of charge of the battery reaching the predetermined threshold level of charge, wirelessly send, before the charging of the battery is complete, at least one signal via a transmitter, the at least one signal indicative of the predetermined threshold level of charge of the battery.
29. A method of charging a battery of a vehicle, the method comprising: wirelessly receiving, during charging of the battery, a level of charge of the battery; comparing, during the charging of the battery, a level of charge of the battery to a predetermined threshold level of charge; and generating and providing, during the charging of the battery and before charging of the battery is complete, a notification indicating that the level of charge of the battery has reached the predetermined threshold level of charge.
9. A method of charging a battery of a vehicle, the method comprising: supplying power to the battery of the vehicle via a vehicular battery charger; comparing, during charging of the battery with the vehicular battery charger, a level of charge of the battery to a predetermined threshold level of charge; and generating and wirelessly transmitting, during the charging of the battery and before charging of the battery is complete, a signal responsive to detecting the level of charge of the battery reaching the predetermined threshold level of charge.
34. A system for charging a battery of a vehicle and for wireless communication with a phone, the system comprising: a phone wirelessly communicating with battery charger, the phone including a controller configured to: wireless receiving, during the charging session, a level of charge of the battery from the battery charger, compare, during the charging session, the level of charge of the battery to a predetermined threshold level of charge, and responsive to detection of the level of charge of the battery reaching the predetermined threshold level of charge during the charging session and before charging of the battery is complete, generating a notification indicative of the level of charge being reached.
14. A system for charging a battery of a vehicle and for wireless communication with a phone, the system comprising: a controller electrically coupled to an electrical power cord of a battery charger, the electrical power cord connecting the battery to a source of power, the controller configured to: control supply of power to the battery, via the electrical power cord, during a charging session of the battery, compare, during the charging session, a level of charge of the battery to a predetermined threshold level of charge, and responsive to detection of the level of charge of the battery reaching the predetermined threshold level of charge during the charging session and before charging of the battery is complete, send a signal indicative of the level of charge being reached via a transmitter, the signal indicative of the level of charge being reached receivable via the phone.
Dependent claims 22-28, 30-33, and 35-40 also correspond to the same claim limitations found in and encompassed throughout claims 1-14 of the conflicting patent.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHANIEL R PELTON whose telephone number is (571)270-1761. The examiner can normally be reached M-F 9am to 5pm.
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/NATHANIEL R PELTON/Primary Examiner, Art Unit 2859