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 .
Response to Arguments
Applicant's arguments filed 09/04/2026 have been fully considered but they are not persuasive. The applicant argues that the amendments to the claims overcome the rejection under 35 USC 112(b). In light of the amendments to the claims, the examiner’s interpretation of the “check timing” is that it is the time at which the vehicle is activated and remaining battery level is acquired.
However, the amendments to the claims do not overcome the second part of the rejection under 35 USC 112(b), namely that it remains unclear whether the setting of the check timing is being performed after the previously recited activation of the vehicle (i.e., a setting of the check timing for subsequent activations), or if it is meant to be performed prior to the previously recited activation of the vehicle.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-4 and 6-10 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 1 and 6 recite “activat[ing] the vehicle… at check timing” and further “set[ting] the check timing to perform the vehicle activation”. It appears that the setting or not-setting of the check timing is a process which further occurs after activating the vehicle at the check timing; it is thus not clear whether or not the setting of the check timing has any bearing on the previously recited activation, or if it is merely setting of a check timing for future activations. For the purpose of examination, it will be assumed that this step of setting the check timing occurs prior to the step of activating the vehicle and acquiring remaining battery level at check timing.
Claims 2-4 and 7-10 fail to cure the deficiencies listed above and are thus indefinite for at least the same reasons.
Allowable Subject Matter
Claim 1-4 and 6-10 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claims 1 and 6: As discussed in the previous action, the combination of DeCia et al., Kawakami et al., and Vogt et al. teaches all the limitations of unamended claim 1, as well as acquiring information about scheduled leaving timing of a vehicle. Furthermore, Telpaz et al. teaches setting the check timing in a case where a predetermined condition that the scheduled leaving time is later than a first timing, at which the remaining battery level decreases to the remote activation lower limit, is satisfied. However, Telpaz et al. fails to teach a second timing set after a predetermined period has elapsed from the first timing, or that the check timing is set in a condition that the scheduled leaving timing is later than the first timing and earlier than the second timing.
Similarly, Timpner et al. (“Design and Evaluation of Charging Station Scheduling Strategies”) teaches use of a departure time as a parameter in scheduling use of a charging station for a vehicle. However, Timpner et al. does not teach a first timing at which the remaining battery level decreases to the remote activation lower limit, let alone a second timing a predetermined period after the first timing.
Regarding claims 2-4 and 7-10: The claims are dependent on potentially allowable claims 1 and 6 and are thus allowable for at least the same reasons.
Conclusion
THIS ACTION IS MADE FINAL. 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 nonprovisional extension fee (37 CFR 1.17(a)) 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 SARAH A MUELLER whose telephone number is (703)756-4722. The examiner can normally be reached M-Th 7:30-12:00, 1:00-5:30; F 8:00-12:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Navid Mehdizadeh can be reached at (571)272-7691. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/S.A.M./Examiner, Art Unit 3669
/NAVID Z. MEHDIZADEH/Supervisory Patent Examiner, Art Unit 3669
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