DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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 5-7 are 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.
Claim 5 recites “the other request”. The initial recitation is “another request”.
For the purpose of examination, Examiner is interpreting “the other request” as “the another request”.
Claim Rejections - 35 USC § 102
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.
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 1-2, 4-5, 8-11 & 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Munemoto et al. US PGPUB 2022/0305948.
Regarding claim 1, Munemoto discloses an apparatus for device to grid charge transfer, comprising: at least one processor; at least one memory coupled with the at least one processor; and instructions stored in the memory and executable by the at least one processor [fig. 2; communication apparatus 180 and ECU 150; alternatively smartphone 80; par. 84], to cause the apparatus to:
receive, from a controller associated with an electric grid, a request for charge transfer from a wireless communication device to the electric grid [pars. 76-78, 80 & 88; the vehicle or user device 80 receives a “VPP requests signal”, a VPP request requests charge transfer from vehicle 50, which is a wireless communication device since it has communication apparatus 180 (fig. 2, par. 65)], wherein the request indicates a power requirement for the electric grid during a time period [par. 90; charge and discharge schedule, based on VPP requests];
send a message indicating whether the request for the charge transfer is accepted based on the power requirement [fig. 3; the vehicle has an input device 161 for allowing the user to select Yes or No to the request, the answer is then sent to the mobile device 80 to the server 30 or directly to the server; fig. 4, step 13, a yes or no is received from the user and notified to the server 30 in steps 14/16 or 16/17; server 30 then communicates with server 10; pars. 72, 87-88, 91, 96 & 142]; and
initiate the charge transfer from the wireless communication device to the electric grid during the time period when the message indicates that the charge transfer is accepted [fig. 4; s15; par. 93; fig. 9, step 31].
Regarding claim 2, Munemoto discloses wherein the request further indicates charge transfer information including at least one of a location of the electric grid, a cost benefit to an owner of the wireless communication device for the charge transfer, a schedule associated with the charge transfer [par. 90], one or more time stamps associated with the request, a message count indicating a number of requests sent to the wireless communication device, or a security certification, the message being sent based on the charge transfer information.
Regarding claim 4, Munemoto discloses wherein the message accepts the charge transfer [par. 98], the message including at least one of a charge transfer schedule, an identifier associated with the wireless communication device, a location of the wireless communication device, an authorization from an owner of the wireless communication device [par. 98, the user authorizes the transfer], or an amount of power to be transferred during the time period.
Regarding claim 5, Munemoto discloses wherein: the wireless communication device is one of a plurality of wireless communication devices [par. 67; a plurality of vehicles]; the instructions further cause the apparatus to:
send another request to one or more wireless communication devices of the plurality of wireless communication devices to participate in the charge transfer [fig. 2; the “apparatus” can also be the server 30 which has a processor (31), memory (32) and can receive from control associated with grid (10) a VPP request, and send a reply from a vehicle indicating acceptance to server 10 or EVSE 40, and initiate the charge via remote control; pars. 77-82; the server 30 can send the VPP request to a plurality of vehicles (as many as needed), pars. 67 & 79] ; and
receive a response from each of the one or more wireless communication devices indicating whether each of the one or more wireless communication devices will participate in the charge transfer in response to the other request [pars. 67 & 79]; and
the message indicating whether the request for the charge transfer is accepted is sent based on the response from each of the one or more wireless communication devices [par. 76-82; the request is sent to a plurality of customers].
Regarding claim 8, Munemoto discloses wherein the request is received at a supply equipment communication controller (SECC) associated with the wireless communication device [par. 83].
Regarding claim 9, Munemoto discloses wherein: the wireless communication device is one of a plurality of wireless communication devices associated with the SECC [par. 76 & 83; a plurality of client devices, and EVSE can be used for communication]; and
to configuring the charge transfer, the instructions cause the apparatus to configure, via the SECC, charge transfer from each of the plurality of the wireless communication devices to the electric grid based on an amount remaining charge for each of the plurality of the wireless communication devices, a schedule set by an owner of a respective one of the plurality of wireless communication devices or by the electric grid for the respective one of the plurality of wireless communication devices, or an owner consent for the respective one of the plurality of wireless communication devices [pars. 92 & 98].
Regarding claim 10, Munemoto discloses a apparatus for device to grid charge transfer [fig. 2; 10 & 30], comprising: at least one processor;
at least one memory coupled with the at least one processor [fig. 2; 31 & 32]; and
instructions stored in the memory and executable by the at least one processor to cause [par. 77] the apparatus to: send, from a controller associated with an electric grid, a request for charge transfer from a wireless communication device to the electric grid, wherein the request indicates a power requirement for the electric grid during a time period [pars. 80, 90; VPP requests to vehicles];
receive a message indicating whether the request for the charge transfer is accepted based on the power requirement [fig. 4, s14; par. 98]; and
initiate the charge transfer from the wireless communication device to the grid during the time period when the message indicates that the charge transfer is accepted [fig. 4, s14; par. 98].
Regarding claim 11, Munemoto discloses wherein the request further indicates charge transfer information including at least one of a location of the grid, a cost benefit to an owner of the wireless communication device for the charge transfer, a schedule associated with the charge transfer [par. 80], one or more time stamps associated with the request, a message count indicating a number of requests sent to the wireless communication device, an authorization from an owner of the wireless communication device, or a security certification.
Claims 15, 17 and 21-29 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lu US PGPUB 2021/0394634.
Regarding claim 15, Lu discloses a apparatus for device to grid charge transfer [fig. 1, 100], comprising: at least one processor; at least one memory coupled with the at least one processor; and instructions stored in the memory and executable by the at least one processor to cause [figs. 1 & 5; par. 36, 75, 77 & 83; the transport has a processor and memory for instructions]; the apparatus to:
send, from a controller associated with a wireless communication device a request for charge transfer from the wireless communication device to an electric grid [par. 36-39; fig. 1; an EV sends a server its priority for travel and charge level, if the priority for travel is low, it can be considered a request for charge transfer (fig. 2C, 215)] wherein the request indicates an amount of power available for transfer to the electric grid during a time period [pars. 37 & 39; the request includes an amount of energy during the V2G session];
receive a message indicating whether the request for the charge transfer is accepted [fig. 2C, 215; pars. 47-48; the server sends an instruction to transfer the energy, thus the a message indicating the request is accepted]; and
initiate the charge transfer from the wireless communication device to the electric grid during the time period when the message indicates that the charge transfer is accepted [par. 37-40; the energy transfer occurs at the indicated “a time” for transfer].
Regarding claim 17, Lu discloses wherein the request further indicates charge transfer information including at least one of a current amount of available charge for the wireless communication device [par. 36], a transfer window including start and end times for charge transfer, an identifier associated with the wireless communication device, or an authorization from an owner of the wireless communication device.
Regarding claim 21, Lu discloses wherein:
the wireless communication device is one of a plurality of wireless communication devices [fig. 1, transports 104];
the instructions further cause the apparatus to:
send another request to one or more wireless communication devices of the plurality of wireless communication devices to participate in the charge transfer [fig. 1; the request goes to multiple transports and from transport to transport]; and
receive a response from each of the one or more wireless communication devices indicating whether each of the one or more wireless communication devices will participate in the charge transfer in response to the other request [fig. 1, multiple requests, comms between the transports and consensus response from both; pars. 39-41]; and
the instructions cause the apparatus to configure the charge transfer based on the response from each of the one or more wireless communication devices [fig. 1; pars. 39-41; consensus].
Regarding claim 22, Lu discloses wherein:
the instructions further cause the apparatus to send, to each of the one or more wireless communication devices, an indication of an amount of power to be transferred by each of the one or more wireless communication devices [pars. 37 & 39; the request includes an amount of energy during the V2G session].
Regarding claim 23, Lu discloses wherein the request is sent by a supply equipment communication controller (SECC) associated with the wireless communication device [par. 37; initially the station (SECC) can request the energy from the sever which relays the request to transports].
Regarding claim 24, Lu discloses wherein: the wireless communication device is one of a plurality of wireless communication devices associated with the SECC [fig. 1; transports 104; par. 37, multiple transports can be contacted via a server for a particular station’s request] and to configuring the charge transfer, the instructions cause the apparatus to configure, via the SECC, charge transfer from each of the plurality of the wireless communication devices to the electric grid based on an amount of remaining charge for each of the plurality of wireless communication devices [pars. 37-41; the transports 104 send charge through the station (thus via the SECC) to the grid, based on an agreed amount which is based on their available amount].
Regarding claim 25, Lu discloses a apparatus for device to grid charge transfer [fig. 1], comprising: at least one processor;
at least one memory coupled with the at least one processor; and instructions stored in the memory and executable by the at least one processor [fig. 2C, 20] to cause the apparatus to:
receive, from a controller associated with a wireless communication device, a request for charge transfer from the wireless communication device to an electric grid [par. 36-39; fig. 1; in response to an initial server request, an EV sends a server its priority for travel and charge level, if the priority for travel is low, it can be considered a request for charge transfer (fig. 2C, 215), the serve receives the priority (], wherein the request indicates an amount of power available for transfer to the electric grid during a time period [pars. 37 & 39; the request includes an amount of energy during the V2G session];
send a message indicating whether the request for the charge transfer is accepted [fig. 2C, 215; pars. 47-48; the server sends an instruction to transfer the energy, thus the a message indicating the request is accepted]; and
initiate the charge transfer from the wireless communication device to the electric grid during the time period when the message indicates that the charge transfer is accepted [par. 37-40; the energy transfer occurs at the indicated “a time” for transfer].
Regarding claim 26, Lu discloses wherein the request further indicates charge transfer information including at least one of a current amount of available charge for the wireless communication device [par. 36], a transfer window including start and end times for charge transfer, an identifier associated with the wireless communication device, or an authorization from an owner of the wireless communication device, wherein the message is sent based on the charge transfer information.
Regarding claim 27, Lu discloses wherein the request is received from a supply equipment communication controller (SECC) associated with the wireless communication device [par. 37; initially the station (SECC) can request the energy from the sever which relays the request to transports].
Regarding claim 28, Lu discloses wherein the wireless communication device is one of a plurality of wireless communication devices associated with the SECC, the request being for charge transfer from the plurality of wireless communication devices.
Regarding claim 29, Lu discloses wherein the request is one of a plurality of requests received by a controller associated with the electric grid for charge transfer from a plurality of wireless communication devices, the instructions further causing the at least one processor to determine priorities associated with the plurality of requests, wherein the message is sent based on the determination [pars. 37-38 & 40; the server receives a plurality of priorities and decides to which one(s) of the EVs to send the instructions; fig. 2C].
Claim Rejections - 35 USC § 103
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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 3, 6-7 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Munemoto et al. US PGPUB 2022/0305948.
Regarding claims 3 and 12, Munemoto discloses wherein the charge transfer is initiated [fig. 9], however, Munemoto does not explicitly disclose wherein the instructions further cause the apparatus to receive an acknowledgment message in response to sending the message accepting the charge transfer, wherein the charge transfer is initiated based on receiving the acknowledgment message; or wherein the instructions further cause the apparatus to send an acknowledgment message in response to receiving the message accepting the charge transfer, wherein the charge transfer is initiated based on sending the acknowledgment message.
However, Examiner takes Official Notice that it is well known in the remote control arts for a server to send an acknowledgement to a device before taking action. Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify Munemoto to further include wherein the instructions further cause the apparatus to receive an acknowledgment message in response to sending the message accepting the charge transfer, wherein the charge transfer is initiated based on receiving the acknowledgment message; wherein the instructions further cause the apparatus to send an acknowledgment message in response to receiving the message accepting the charge transfer, wherein the charge transfer is initiated based on sending the acknowledgment message for the purpose of informing the sending device that the acceptance was successfully received and agreed upon, and since it has been held to be within the general skill of a worker in the art to apply a known technique to a known device (method, or product) which was ready for improvement in order to yield results predictable by one of ordinary skill the art. KSR International Co. v Teleflex Inc., 550 U.S. 398, 127 S. Ct. 1727, 82 USPQ2d 1385, 1395-97 (2007).
Regarding claims 6 and 7, Munemoto does not explicitly disclose wherein the instructions further cause the apparatus to send, to each of the one or more wireless communication devices, an indication of an amount of power to be transferred by each of the one or more wireless communication devices and wherein the message indicates that the charge transfer is accepted, the message further indicating a first quantity of wireless communication devices that will participate in charge transfer to the electric grid based on the response from each of the one or more wireless communication devices.
However, Examiner takes Official Notice that it is well known in the electric vehicle V2G arts to indicate how much power will be transferred and the number of devices transferring to the server so the grid server can adjust its demand response requirements. Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify Munemoto to further include wherein the instructions further cause the apparatus to send, to each of the one or more wireless communication devices, an indication of an amount of power to be transferred by each of the one or more wireless communication devices and wherein the message indicates that the charge transfer is accepted, the message further indicating a first quantity of wireless communication devices that will participate in charge transfer to the electric grid based on the response from each of the one or more wireless communication devices for the purpose of allowing the grid to adjust their DR requirements, and since it has been held to be within the general skill of a worker in the art to apply a known technique to a known device (method, or product) which was ready for improvement in order to yield results predictable by one of ordinary skill the art. KSR International Co. v Teleflex Inc., 550 U.S. 398, 127 S. Ct. 1727, 82 USPQ2d 1385, 1395-97 (2007).
Regarding claim 13, Munemoto discloses wherein the request is sent to a supply equipment communication controller (SECC) associated with the wireless communication device [par. 83; the comms with vehicle may be via the EVSE (SECC)].
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Munemoto et al. US PGPUB 2022/0305948 in view of Lu US PGPUB 2021/0296939 (hereinafter Lu II).
Regarding claim 14, Munemoto does not explicitly disclose wherein the wireless communication device is one of a plurality of wireless communication devices associated with the SECC, the request being for charge transfer from the plurality of wireless communication devices.
However, Lu II discloses an electric vehicle charging system with V2G power transfers, wherein the wireless communication device is one of a plurality of wireless communication devices associated with the SECC, the request being for charge transfer from the plurality of wireless communication devices [fig. 1A-1B & 2C; multiple transports communicate with a charging station 114 that sends a request for power transfer to multiple transports for a need amount of power to be transferred to the station].
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify Munemoto to further include wherein the wireless communication device is one of a plurality of wireless communication devices associated with the SECC, the request being for charge transfer from the plurality of wireless communication devices for the purpose of obtaining power from each of a plurality of candidate vehicles, as taught by Lu II (pars. 45-51).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Lu US PGPUB 2021/0394634 in view of Lu II US PGPUB 2021/0296939.
Regarding claim 16, Lu does not explicitly disclose wherein the instructions further cause the apparatus to determine a schedule for the charge transfer based on history of operation of the wireless communication device, wherein the request for the charge transfer is sent based on the schedule.
However, Lu II discloses a V2G system [abs.] wherein the instructions further cause the apparatus to determine a schedule for the charge transfer based on history of operation of the wireless communication device, wherein the request for the charge transfer is sent based on the schedule [pars. 39 & 43-48; based on historical data of the vehicle’s travels and transfers request for charge transfer are determined].
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify Lu to further include wherein the instructions further cause the apparatus to determine a schedule for the charge transfer based on history of operation of the wireless communication device, wherein the request for the charge transfer is sent based on the schedule for the purpose of determining the best candidate for energy transfer, as taught by Lu II (pars. 43-45).
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Lu US PGPUB 2021/0394634.
Regarding claim 18, Lu does not explicitly disclose wherein the instructions further cause the apparatus to: receive an acknowledgment message after receiving the message accepting the charge transfer, wherein the charge transfer is initiated based on receiving the acknowledgment message.
However, Examiner takes Official Notice that it is well known in the remote control arts for a server to send an acknowledgement to a device before taking action. Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify Lu to further include wherein the instructions further cause the apparatus to: receive an acknowledgment message after receiving the message accepting the charge transfer, wherein the charge transfer is initiated based on receiving the acknowledgment message for the purpose of informing the sending device that the acceptance was successfully received and agreed upon, and since it has been held to be within the general skill of a worker in the art to apply a known technique to a known device (method, or product) which was ready for improvement in order to yield results predictable by one of ordinary skill the art. KSR International Co. v Teleflex Inc., 550 U.S. 398, 127 S. Ct. 1727, 82 USPQ2d 1385, 1395-97 (2007).
Claims 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Lu US PGPUB 2021/0394634 in view of Bowen et al. US PGPUB 2011/0130885.
Regarding claim 19, Lu does not explicitly disclose wherein the message received by the controller associated with the wireless communication device rejects the charge transfer, the message indicating a cause for the rejection of the charge transfer.
However, Bowen discloses a system for vehicle-to-grid power transfer [abs.] wherein the message received by the controller associated with the wireless communication device rejects the charge transfer, the message indicating a cause for the rejection of the charge transfer [pars. 41-43; the user can reject recommendations and send an alternative manual schedule, thus indicating a reason (a preferred schedule) for sourcing energy].
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify Lu to further include wherein the message received by the controller associated with the wireless communication device rejects the charge transfer, the message indicating a cause for the rejection of the charge transfer for the purpose of allowing a user to suggest a preferable scenario, as taught by Bowen (pars. 41-43).
Regarding claim 20, Bowen as applied in claim 19 discloses wherein the message received by the controller associated with the wireless communication device rejects the charge transfer for a first grid location, the message indicating a second grid location for which charge transfer can be accepted [pars. 41-43].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Lee et al. US PGPUB 2024/0286519 discloses a V2G system which allows an EV to determine when and where to sell electricity back to the grid.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID V HENZE whose telephone number is (571)272-3317. The examiner can normally be reached M to F, 9am to 7pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Julian Huffman can be reached at 571-272-2147. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAVID V HENZE/Primary Examiner, Art Unit 2859
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