Prosecution Insights
Last updated: October 23, 2026
Application No. 18/560,146

Method for Operating an Energy Market Platform for an Energy Trade for at Least One Aggregator by Means of an Electronic Computing Device, Computer Program Product and Energy Market Platform

Non-Final OA §101§103§112
Filed
Nov 10, 2023
Priority
May 12, 2021 — DE 10 2021 112 418.2 +1 more
Examiner
AUSTIN, JAMIE H
Art Unit
3625
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Bayerische Motoren Werke Aktiengesellschaft
OA Round
3 (Non-Final)
25%
Grant Probability
At Risk
3-4
OA Rounds
1y 11m
Est. Remaining
58%
With Interview

Examiner Intelligence

Grants only 25% of cases
25%
Career Allowance Rate
106 granted / 425 resolved
-27.1% vs TC avg
Strong +33% interview lift
Without
With
+32.7%
Interview Lift
resolved cases with interview
Typical timeline
4y 11m
Avg Prosecution
27 currently pending
Career history
468
Total Applications
across all art units

Statute-Specific Performance

§101
32.8%
-7.2% vs TC avg
§103
36.6%
-3.4% vs TC avg
§102
6.8%
-33.2% vs TC avg
§112
21.0%
-19.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 425 resolved cases

Office Action

§101 §103 §112
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 . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 7/8/2026 has been entered. Status This action is in response to applicant’s arguments filed on 7/8/2026. Claims 11, 13-14, 16-20 are pending. Claim 11 is amended. No claims are currently added. Claim 12 is currently cancelled. Response to Arguments Applicant's arguments filed 7/8/2026 have been fully considered but they are not persuasive. The applicant has argued the previous 101 rejection. The applicant has argued “The Applicant maintains that these elements do not encompass activity that occurs in the human mind, nor are they implemented by generic technology to perform the recited elements. In amended claim 11, for example, the electronic computing device and energy market platform are forecasting a future energy consumption of the respective motor vehicle, wherein the forecast of future energy consumption is determined based on an analysis of historic journeys of at least the respective motor vehicle and the forecast comprises a desired energy volume of a vehicle battery at an unplugging time and a pre-conditioning of an interior of the motor vehicle at the unplugging time; determining the respective energy such that, at a specific time point, a respective at least partially electrically operated motor vehicle assumes a specific energy volume in accordance with the forecast; and automatically controlling, at the specific time point, using the energy market platform, an energy flux to or from the multiplicity of motor vehicles based on the determined respective energy associated with the respective at least partially electrically operated motor vehicle assuming the specific energy volume. At least these elements should not be interpreted broadly enough to encompass activity that occurs in the human mind. The Applicant requests reconsideration.” The examiner respectfully disagrees. Applicant argues that amended claim 11 does not encompass activity that occurs in the human mind and is not implemented by generic technology. In support, Applicant points to the newly added limitations: a forecast of future energy consumption determined based on an analysis of historic journeys, a forecast comprising a desired energy volume of a vehicle battery at an unplugging time and a pre-conditioning of an interior of the motor vehicle at the unplugging time, and automatically controlling an energy flux to or from the multiplicity of motor vehicles. The forecasting limitations do not take the claim out of the abstract idea they add to the abstract idea. Analyzing historic journey data to predict future energy consumption is the collection and analysis of information, followed by a prediction based on that analysis. Under its broadest reasonable interpretation, a person could practically review a vehicle's past trips and estimate how much charge it will need by a departure time, including any energy needed to pre-condition the cabin. The claim recites no particular forecasting model, algorithm, or data structure. It recites only the result: "a forecast… determined based on an analysis of historic journeys." Collecting information, analyzing it, and displaying or acting on the results is an abstract idea. See Electric Power Group, LLC v. Alstom S.A., 830 F.3d 1350 (Fed. Cir. 2016), which concerned real-time monitoring and analysis of power grid data. The "desired energy volume" and "pre-conditioning" elements merely define what data the forecast contains. They do not change the character of the forecasting step. The addition of "automatically" does not alter the analysis. Automating a process that could otherwise be performed manually, using a computer in its ordinary capacity, does not integrate the abstract idea into a practical application. Regarding the controlling step, the examiner acknowledges that physically controlling an energy flux is not itself performed in the human mind. Accordingly, the controlling step is treated as an additional element under Step 2A, Prong 2, rather than as part of the recited judicial exception. Even so treated, it does not integrate the exception into a practical application. The step is recited at a high level of generality. It controls "an energy flux to or from the multiplicity of motor vehicles based on the determined respective energy," without specifying how the flux is allocated, apportioned among the vehicles, or regulated. It therefore amounts to an instruction to apply the result of the abstract analysis using conventional charging infrastructure. The Federal Circuit has found claims to networked electric vehicle charging, including claims to modifying charging in response to grid demand, directed to an abstract idea where the claims did not recite how the improvement was achieved. See ChargePoint, Inc. v. SemaConnect, Inc., 920 F.3d 759 (Fed. Cir. 2019). The applicant has not identified any portion of the specification describing a technical improvement to computer functionality, charging hardware, or grid technology that is reflected in the claim. Nor has Applicant explained how the claimed steps achieve such an improvement. The benefits identified in the specification, such as permitting an aggregator to trade a pool of vehicles without knowledge of the pool's structure, are business and commercial benefits within the abstract idea of energy trading and market coordination. They are not improvements to technology. The claim does not reflect an improvement to the functioning of a computer, to charging hardware, or to grid technology. The advantages in the specification are identified as business advantages within the abstract idea itself. Attributing the performance of abstract steps to a generic computer or platform does not transform those steps into patent-eligible subject matter. The abstract idea underlying the claims specifically determining energy data, comparing supply with demand, and coordinating energy distribution among electric vehicles remains the same regardless of whether those steps are attributed to an "electronic computing device" or an "energy market platform." The hardware attribution amendments add no technical specificity to how the computer implements the claimed functions. The claim is directed to an abstract idea specifically, a method of organizing human activity in the form of energy trading and market coordination. Claim 11 is directed to operating an energy market platform for energy trading. These are economic and commercial activities specifically energy trading, market matching of supply and demand, and commercial coordination among aggregators and energy system operators. These activities have been performed by energy market participants long before the advent of computers or electric vehicles. The claim automates these market coordination functions using generic computing infrastructure, but the underlying concept remains abstract. The claim recites the generic functions determining, comparing, providing, and controlling without specifying the technical architecture, algorithms, protocols, or unconventional approaches that would constitute a technical improvement. The specification would need to identify a specific technical problem and explain an unconventional technical solution reflected in the claim. The previous 101 rejection has been updated to reflect applicant’s amendments. The applicant has argued the previous 103 rejection of claim 11 in view of applicant’s amendments. An updated search and rejection can be seen below. Applicant's arguments with respect to the newly added limitations are moot in view of the new ground of rejection set forth below. Claim Rejections - 35 USC § 101 35 U.S.C. 101 reads as follows: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title. Claims 11, 13-14, 16-20 are rejected under 35 USC 101 because the claimed invention is directed to a judicial exception (i.e. abstract idea) without anything significantly more. Step 1: Claims 11, 13-14, 16-18 are directed to a method, claim 19 is directed to a non-transitory computer-readable medium, and claims 20 is directed to a computing device. Therefore, claims 11, 13-14, 16-20 are directed to patent eligible categories of invention. Step 2A Prong 1: The claim(s) recite(s) (mathematical relationships/formulas, mental process or certain methods of organizing human activity). Specifically the independent claims recite: mental process: as drafted, the claim recites the limitations of determining an energy potential, comparing a trade energy request, proving vehicles, determining a respective energy, and controlling which is a process that, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components. That is, other than reciting “an electronic computing device,” nothing in the claim precludes the determining step from practically being performed in the human mind (dividing and estimating, comparing a request, forecasting). For example, but for the using an electronic computing device language, the claim encompasses a user manually with pen and paper determining a respective energy at a specific point. The mere nominal recitation of a generic computing device appliance does not take the claim limitation out of the mental processes grouping. Collecting information, analyzing, and arriving at a determination based on that analysis is a mental process. This limitation is a mental process. certain methods of organizing human activity: The claim as a whole recites a method of organizing human activity. The claimed invention is a method that allows for a method of organizing human activity in the form of operating an energy market platform for an energy trade for at least one aggregator. Energy trading and market coordination is a commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations). Thus, the claim recites an abstract idea. Dependent claims 13-14, 16-18 will be evaluated under Step 2A, Prong 2 below. Step 2A, Prong 2: Independent claims 11, 19, 20, do not integrate the judicial exception into a practical application. Claim 11 is “operating an energy market platform for an energy trade for at least one aggregator using an electronic computing device, wherein a time period is specified for the energy trade is subdivided into a multiplicity of time units…according to at least one energy system… providing a multiplicity of at least partially electrically operated motor vehicles… automatically controlling, using the energy market platform, at the specific time point, an energy flux to or from the multiplicity of motor vehicles based on the determined respective energy associated with the respective at least partially electrically operated motor vehicle assuming the specific energy volume.” Claim 19 is “a non-transitory computer-readable medium comprising instructions operable, when executed by one or more computing systems.” Claim 20 is “An electronic computing device for operating an energy market platform for an energy trade for at least one aggregator, wherein the electronic computing device is configured to.” These additional elements are mere instructions to implement an abstract idea using a computer in its ordinary capacity, or merely uses the computer as a tool to perform the identified abstract idea. Use of a computer or other machinery in its ordinary capacity for performing the steps of the abstract idea or other tasks (e.g., to determine, compare, and provide data) or simply adding a general purpose computer or computer components after the fact to an abstract idea (e.g., certain methods of organizing human activity) does not integrate a judicial exception into a practical application. See MPEP 2106.05(f). Therefore, the additional elements of the independent claims, when considered both individually and in combination, are not sufficient to prove integration into a practical application. Dependent claim 13 introduces the additional element of “issuing a visual warning to the aggregator on the energy market platform.” Use of a computer or other machinery in its ordinary capacity for performing the steps of the abstract idea or other tasks (e.g., to receive, store, or transmit data) or simply adding a general purpose computer or computer components after the fact to an abstract idea (e.g., certain methods of organizing human activity) does not integrate a judicial exception into a practical application. See MPEP 2106.05(f). Dependent claim 14 introduces the additional element of “wherein the energy market platform is operated such that, during the stipulated time period, any injection into the energy system, or tap-off from the energy system are mutually compensated.” This limitation does not integrate the judicial exception into a practical application because it is nothing more than generally linking the use of the judicial exception to a particular technological environment. See MPEP 2106.05(h). Dependent claim 16 introduces the additional element of “determining a respective time-dependent energy potential of a respective motor vehicle; and summing the respective time-dependent energy potentials of the motor vehicles to determine the respective energy potential per unit of time for the energy system.” Use of a computer or other machinery in its ordinary capacity for performing the steps of the abstract idea or other tasks (e.g., to receive, store, or transmit data) or simply adding a general purpose computer or computer components after the fact to an abstract idea (e.g., certain methods of organizing human activity) does not integrate a judicial exception into a practical application. See MPEP 2106.05(f). Dependent claim 17 introduces the additional element of “executing a determination of energy flexibility based on a charging strategy for the respective motor vehicle.” This limitation provides nothing more than mere instructions to implement an abstract idea on a generic computer. See MPEP 2106.05(f). MPEP 2106.05(f) provides the following considerations for determining whether a claim simply recites a judicial exception with the words “apply it” (or an equivalent), such as mere instructions to implement an abstract idea on a computer: (1) whether the claim recites only the idea of a solution or outcome i.e., the claim fails to recite details of how a solution to a problem is accomplished; (2) whether the claim invokes computers or other machinery merely as a tool to perform an existing process; and (3) the particularity or generality of the application of the judicial exception. Therefore, this limitation is not sufficient to prove integration into a practical application. Dependent claim 18 introduces the additional element of “communicating a future employment of the respective motor vehicle to the energy market platform.” This limitation provides nothing more than mere instructions to implement an abstract idea on a generic computer. See MPEP 2106.05(f). MPEP 2106.05(f) provides the following considerations for determining whether a claim simply recites a judicial exception with the words “apply it” (or an equivalent), such as mere instructions to implement an abstract idea on a computer: (1) whether the claim recites only the idea of a solution or outcome i.e., the claim fails to recite details of how a solution to a problem is accomplished; (2) whether the claim invokes computers or other machinery merely as a tool to perform an existing process; and (3) the particularity or generality of the application of the judicial exception. Therefore, this limitation is not sufficient to prove integration into a practical application. Therefore, the additional elements of the dependent claims, when considered both individually and in the context of the independent claims, are not sufficient to prove integration into a practical application. Step 2B: Independent claims 11, 19, and 20 do not comprise anything significantly more than the judicial exception. As can be seen above with respect to Step 2A, Prong 2, Claim 11 is “operating an energy market platform for an energy trade for at least one aggregator using an electronic computing device, wherein a time period is specified for the energy trade is subdivided into a multiplicity of time units…according to at least one energy system… providing a multiplicity of at least partially electrically operated motor vehicles… automatically controlling, using the energy market platform, at the specific time point, an energy flux to or from the multiplicity of motor vehicles based on the determined respective energy associated with the respective at least partially electrically operated motor vehicle assuming the specific energy volume.” Claim 19 is “a non-transitory computer-readable medium comprising instructions operable, when executed by one or more computing systems.” Claim 20 is “An electronic computing device for operating an energy market platform for an energy trade for at least one aggregator, wherein the electronic computing device is configured to.” These additional elements are mere instructions to implement an abstract idea using a computer in its ordinary capacity, or merely uses the computer as a tool to perform the identified abstract idea. Use of a computer or other machinery in its ordinary capacity for performing the steps of the abstract idea or other tasks (e.g., to determine, compare, and provide data) or simply adding a general purpose computer or computer components after the fact to an abstract idea (e.g., certain methods of organizing human activity) is not anything significantly more than the judicial exception. See MPEP 2106.05(f). The additional elements of the independent claims, when considered both individually and in combination, do not comprise anything significantly more than the judicial exception. Dependent claim 13 introduces the additional element of “issuing a visual warning to the aggregator on the energy market platform.” Use of a computer or other machinery in its ordinary capacity for performing the steps of the abstract idea or other tasks (e.g., to receive, store, or transmit data) or simply adding a general purpose computer or computer components after the fact to an abstract idea (e.g., certain methods of organizing human activity) is not anything significantly more than the judicial exception. See MPEP 2106.05(f). Dependent claim 14 introduces the additional element of “wherein the energy market platform is operated such that, during the stipulated time period, any injection into the energy system, or tap-off from the energy system are mutually compensated.” This limitation is not anything significantly more than the judicial exception because it is nothing more than generally linking the use of the judicial exception to a particular technological environment. See MPEP 2106.05(h). Dependent claim 16 introduces the additional element of “determining a respective time-dependent energy potential of a respective motor vehicle; and summing the respective time-dependent energy potentials of the motor vehicles to determine the respective energy potential per unit of time for the energy system.” Use of a computer or other machinery in its ordinary capacity for performing the steps of the abstract idea or other tasks (e.g., to receive, store, or transmit data) or simply adding a general purpose computer or computer components after the fact to an abstract idea (e.g., certain methods of organizing human activity) is not anything significantly more than the judicial exception. See MPEP 2106.05(f). Dependent claim 17 introduces the additional element of “executing a determination of energy flexibility based on a charging strategy for the respective motor vehicle.” This limitation provides nothing more than mere instructions to implement an abstract idea on a generic computer. See MPEP 2106.05(f). MPEP 2106.05(f) provides the following considerations for determining whether a claim simply recites a judicial exception with the words “apply it” (or an equivalent), such as mere instructions to implement an abstract idea on a computer: (1) whether the claim recites only the idea of a solution or outcome i.e., the claim fails to recite details of how a solution to a problem is accomplished; (2) whether the claim invokes computers or other machinery merely as a tool to perform an existing process; and (3) the particularity or generality of the application of the judicial exception. Therefore, this limitation is not anything significantly more than the judicial exception. Dependent claim 18 introduces the additional element of “communicating a future employment of the respective motor vehicle to the energy market platform.” This limitation provides nothing more than mere instructions to implement an abstract idea on a generic computer. See MPEP 2106.05(f). MPEP 2106.05(f) provides the following considerations for determining whether a claim simply recites a judicial exception with the words “apply it” (or an equivalent), such as mere instructions to implement an abstract idea on a computer: (1) whether the claim recites only the idea of a solution or outcome i.e., the claim fails to recite details of how a solution to a problem is accomplished; (2) whether the claim invokes computers or other machinery merely as a tool to perform an existing process; and (3) the particularity or generality of the application of the judicial exception. Therefore, this limitation is not anything significantly more than the judicial exception The additional elements of the dependent claims, when considered both individually and in the context of the independent claims, are not anything significantly more than the judicial exception. Accordingly, claims 11, 13-14, 16-20 are rejected under 35 USC 101. 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 11, 13, 14, 16-20 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 11 recites the limitation "the respective energy.” There is antecedent basis for “the respective energy potential.” There is insufficient antecedent basis for “the respective energy” limitation in the claim. Claim 11 recites the limitation " the stipulated time period.” There is insufficient antecedent basis for this limitation in the claim. The dependent claims inherit the rejections of the claims from which they depend. Claim Rejections - 35 USC § 103 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 (i.e., changing from AIA to pre-AIA ) 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 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. Claim(s) 11, 14, 16-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kudo et al. (US 20180205230 A1) in view of Rombouts et al. (US 20120133337 A1) in view of King et al. (US 20070282495 A1). Regarding claim 11, Kudo teaches a method for operating an energy market platform for an energy trade for at least one aggregator using an electronic computing device (¶ 10, 36, 46-48, 52, 55, 64, 66, discloses the use of an aggregator in a power trading market. ¶ 19, 21, disclose an electronic computing device. Fig. 1, 3), wherein a time period is specified for the energy trade is subdivided into a multiplicity of time units (¶ 12, 21, 24, 52, 55-57, discloses markets broken into time periods, See also Fig. 5-7); determining, with the electronic computing device, a respective energy potential for each of the time units according to at least one energy system (¶ 10, 24, 48, discloses power prediction with time units. ¶ 63-64, 45, 47-49, 55); comparing, with the electronic computing device, a time-unit-dependent trade energy request with the corresponding energy potential using an input by the aggregator (¶ 10, 24, 48, discloses power prediction with time units. Power demand and supply prediction. ¶ 51-55, 63-64, discloses an energy request in view of demand and supply. ¶ 52, 54, 62-63, 66, the aggregator sets the degree of contribution); providing, using an energy system, a multiplicity of at least partially electrically operated motor vehicles (¶ 56-59, disclose the use of a number of electronic vehicles. ¶ 36, Fig. 1); determining, using the energy market platform, the respective energy such that, at a specific time point, a respective at least partially electrically operated motor vehicle assumes a specific energy volume (¶ 21, In a time period in which there is a margin in the power supply amount with respect to the power demand amount, when the electricity storage unit of the charging/discharging device is charged, the stability of the power system is improved. ¶ 53-54, discloses the time it takes to fully charge a battery. ¶ 59, 63, 65, discloses charge time period. Fig. 5-7); in accordance with a forecast of future energy consumption of the respective motor vehicle determined by the electronic computing device (¶ 45, discloses an owner-set participation period); automatically controlling, using the energy market platform, at the specific time point, an energy flux to or from the multiplicity of motor vehicles (¶ 48, 50-51, Fig. 4, disclose the server sends state and end times, vehicle ECU executes charge or discharge.) Kudo does not specifically teach wherein the respective energy potential is wherein the electronic computing device represents the respective energy potential so as to be visible to the aggregator on the energy market platform. However, Rombouts teaches determining, with the electronic computing device, a respective energy potential for each of the time units according to at least one energy system (¶ 91, total fleet energy to be exchanged determine at each period), wherein the electronic computing device represents the respective energy potential so as to be visible to the aggregator on the energy market platform (¶ 182, discloses an app for electronic vehicle charging. ¶ 211, 212, disclose a vendor/aggregator view interface. ¶ 206, disclose production potential. See also Fig. 64-67). It would have been obvious to one of ordinary skill in the art at the time of filing to modify Kudo to include/perform represented so as to be visible to the aggregator on the energy market platform, as taught/suggested by Rombouts. This known technique is applicable to the system of Kudo as they both share characteristics and capabilities, namely, they are directed to EV charging platforms. One of ordinary skill in the art would have recognized that applying the known technique of Rombouts would have yielded predictable results and resulted in an improved system. It would have been recognized that applying the technique of Rombouts to the teachings of Kudo would have yielded predictable results because the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate such visible representation features into similar systems. Further, applying represented data so as to be visible to the aggregator on the energy market platform would have been recognized by those of ordinary skill in the art as resulting in an improved system that would allow the aggregator to see and control the asset, the owner can monetize their energy flexibility. Kudo does not specifically teach in accordance with a forecast of future energy consumption of the respective motor vehicle determined by the electronic computing device, wherein the forecast of future energy consumption is determined based on an analysis of historic journeys of at least the respective motor vehicle and the forecast comprises a desired energy volume of a vehicle battery at an unplugging time. However, Rombouts teaches in accordance with a forecast of future energy consumption of the respective motor vehicle determined by the electronic computing device (¶ 90, discloses expected unplug times and state of charge modeled stochastically), wherein the forecast of future energy consumption is determined based on an analysis of historic journeys of at least the respective motor vehicle (¶ 44-46, 90, discloses the user behavior modeled from collected statistics, including driving session per day and drive patterns), and the forecast comprises a desired energy volume of a vehicle battery at an unplugging time (¶ 33)…. and automatically controlling, using the energy market platform, at the specific time point, an energy flux to or from the multiplicity of motor vehicles (¶ 98, discloses the central server sends charge points on/off instructions) based on the determined respective energy associated with the respective at least partially electrically operated motor vehicle assuming the specific energy (¶ 18, 93, discloses that the battery-level decisions realize the fleet schedule while always satisfying user constraints). It would have been obvious to one of ordinary skill in the art at the time of filing to modify Kudo to include/perform a future energy consumption and that the forecast is related to historical journeys and unplugging time data, as taught/suggested by Rombouts. This known technique is applicable to the system of Kudo as they both share characteristics and capabilities, namely, they are directed to EV charging platforms. One of ordinary skill in the art would have recognized that applying the known technique of Rombouts would have yielded predictable results and resulted in an improved system. It would have been recognized that applying the technique of Rombouts to the teachings of Kudo would have yielded predictable results because the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate such future prediction features into similar systems. Further, applying a future energy consumption and that the forecast is related to unplugging time would have been recognized by those of ordinary skill in the art as resulting in an improved system that would allow the user to ensure each vehicles schedule meets a forecasted desired state of charge at unplug time based on past behavior. The combination of Kudo and Rombouts disclose multiple motor vehicles but does not specifically teach a pre-conditioning of an interior of the motor vehicle at the unplugging time. However, King teaches a respective at least partially electrically operated motor vehicle assumes a specific energy volume (¶ 6, 59, 60, discloses the target state of charge for the scheduled off charge time), in accordance with a forecast of future energy consumption of the respective motor vehicle determined by the electronic computing device (¶ 51, 54, discloses profile charges to the energy needed for the next trip), wherein the forecast of future energy consumption is determined based on an analysis of historic journeys of at least the respective motor vehicle (¶ 18, discloses probabilistic module that determines driving habits including trip lengths, paths, and departure times) and the forecast comprises a desired energy volume of a vehicle battery at an unplugging time (¶ 6, 59), and a pre-conditioning of an interior of the motor vehicle at the unplugging time (¶ 6, 51, 59-60, discloses target cabin temperature for the scheduled off-charge time in the same profile). King also teaches automatically controlling, using the energy market platform, at the specific time point, an energy flux to or from the multiplicity of motor vehicles based on the determined respective energy associated with the respective at least partially electrically operated motor vehicle assuming the specific energy (¶ 59-60, discloses a profile executed until taken off charge. The start times computer to reach the target state of charge and cabin temperature). It would have been obvious to one of ordinary skill in the art at the time of filing to modify Kudo to include/perform a pre-conditioning of an interior of the motor vehicle at the unplugging time, as taught/suggested by King. This known technique is applicable to the system of Kudo as they both share characteristics and capabilities, namely, they are directed to EV charging systems and platforms. One of ordinary skill in the art would have recognized that applying the known technique of King would have yielded predictable results and resulted in an improved system. It would have been recognized that applying the technique of King to the teachings of Kudo would have yielded predictable results because the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate such unplugged features into similar systems. Further, applying a pre-conditioning of an interior of the motor vehicle at the unplugging time would have been recognized by those of ordinary skill in the art as resulting in an improved system that would allow for the conditioning on charger power offsets battery energy . Regarding claim 14, Kudo teaches wherein the energy market platform is operated such that, during the stipulated time period, any injection into the energy system, or tap-off from the energy system are mutually compensated (¶ 56, 64, disclose compensation for the amount of power discharged while charging are made. Fig. 5-8). Regarding claim 16, Kudo teaches determining a respective time-dependent energy potential of a respective motor vehicle; and summing the respective time-dependent energy potentials of the motor vehicles to determine the respective energy potential per unit of time for the energy system (¶ 10, 24, 48, discloses power prediction with time units. Power demand and supply prediction. ¶ 51-56, 63-64, discloses an energy request in view of demand and supply. ¶ 52, 54, 62-63, 66, the aggregator sets the degree of contribution). Regarding claim 17, Kudo teaches executing a determination of energy flexibility based on a charging strategy for the respective motor vehicle (¶ 59-61, which discloses charging timing based on charge appropriateness and degree of contribution). Also taught by Rombouts (¶ 93). Regarding claim 18, Kudos teaches communicating a future employment of the respective motor vehicle to the energy market platform, temporally in advance of the energy trade (¶ 35-37, 41, 45-47, 49, 54, 63, disclose a V2G system. Communicating a motor vehicle's future employment to an energy market platform, known as Vehicle-to-Grid (V2G) or Vehicle-Grid Integration (VGI), offers benefits for vehicle owners, grid operators, and the environment.) Regarding claim 19, the combination of Kudo, Rombouts, and King teaches the limitations of claim 11. Kudo does not specifically teach but Rombouts further teaches a non-transitory computer-readable medium comprising instructions operable, when executed by one or more computing systems, to: perform the method of claim 11 (¶ 72-73, 87, 89, 90, 103, disclose the use of a computer readable medium and a computing device). It would have been obvious to one of ordinary skill in the art at the time of filing to modify Kudo to include/perform a non-transitory computer-readable medium comprising instructions operable, as taught/suggested by Rombouts. This known technique is applicable to the system of Kudo as they both share characteristics and capabilities, namely, they are directed to EV charging platforms. One of ordinary skill in the art would have recognized that applying the known technique of Rombouts would have yielded predictable results and resulted in an improved system. It would have been recognized that applying the technique of Rombouts to the teachings of Kudo would have yielded predictable results because the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate such computer-readable features into similar systems. Further, applying a non-transitory computer-readable medium comprising instructions operable would have been recognized by those of ordinary skill in the art as resulting in an improved system that would allow for long-term data retention and preservation, reliable and accessible data, and the ability to back up critical information. Regarding claim 20, the combination of Kudo, Rombouts, and King teaches the limitations of claim 11. Kudo does not specifically teach but Rombouts further teaches an electronic computing device for operating an energy market platform for an energy trade for at least one aggregator, wherein the electronic computing device is configured to execute the method (¶ 72-73, 87, 89, 90, 103, disclose the use of a computer readable medium and a computing device). It would have been obvious to one of ordinary skill in the art at the time of filing to modify Kudo to include/perform an electronic computing device for operating an energy market platform for an energy trade for at least one aggregator, as taught/suggested by Rombouts. This known technique is applicable to the system of Kudo as they both share characteristics and capabilities, namely, they are directed to EV charging platforms. One of ordinary skill in the art would have recognized that applying the known technique of Rombouts would have yielded predictable results and resulted in an improved system. It would have been recognized that applying the technique of Rombouts to the teachings of Kudo would have yielded predictable results because the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate such computing device features into similar systems. Further, applying an electronic computing device for operating an energy market platform for an energy trade for at least one aggregator would have been recognized by those of ordinary skill in the art as resulting in an improved system that would allow for long-term data retention and preservation, reliable and accessible data, and the ability to back up critical information. Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kudo et al. (US 20180205230 A1) in view of Rombouts et al. (US 20120133337 A1) in view of King et al. (US 20070282495 A1) in further view of Einfalt et al. (US 20160363918 A1). Regarding claim 13, the combination of Kudo, Rombouts, and King teaches the limitations of claim 11. The combination of Kudo and Rombouts does not specifically teach when an overshoot of a trade energy request for a respective energy potential, issuing a visual warning to the aggregator on the energy market platform. However, Einfalt teaches when an overshoot of a trade energy request for a respective energy potential, issuing a visual warning to the aggregator on the energy market platform (abstract, ¶ 20, 25-28, 37, discloses informing a network operator of an overshoot). It would have been obvious to one of ordinary skill in the art at the time of filing to modify Kudo to include/perform when an overshoot of a trade energy request for a respective energy potential, issuing a visual warning to the aggregator on the energy market platform, as taught/suggested by Einfalt. This known technique is applicable to the system of Kudo as they both share characteristics and capabilities, namely, they are directed to charging systems and platforms. One of ordinary skill in the art would have recognized that applying the known technique of Einfalt would have yielded predictable results and resulted in an improved system. It would have been recognized that applying the technique of Einfalt to the teachings of Kudo would have yielded predictable results because the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate such overshoot alert features into similar systems. Further, applying when an overshoot of a trade energy request for a respective energy potential, issuing a visual warning to the aggregator on the energy market platform would have been recognized by those of ordinary skill in the art as resulting in an improved system that would enable the aggregator to respond quickly to market changes and help mitigate risks, improve decision-making. Other pertinent prior art includes Steven et al. (US 8892264 B2) which discloses energy-related revenue available to the energy customer over a time period is based at least in part on a wholesale electricity market. Bain et al. (US 20190372345 A1) which discloses a user interface through which a consumer accesses an energy marketplace. Pavlak et al. (US 20180219374 A1) discloses model predictive control (MPC) to optimize energy usage and to more effectively participate in grid markets. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMIE H AUSTIN whose telephone number is (571)272-7363. The examiner can normally be reached Monday, Tuesday, Thursday, Friday 7am-2pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Epstein can be reached at (571) 270 5389. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. JAMIE H. AUSTIN Examiner Art Unit 3625 /JAMIE H AUSTIN/Primary Examiner, Art Unit 3625
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Prosecution Timeline

Nov 10, 2023
Application Filed
Sep 30, 2025
Non-Final Rejection mailed — §101, §103, §112
Dec 17, 2025
Response Filed
Mar 09, 2026
Final Rejection mailed — §101, §103, §112
Jul 08, 2026
Request for Continued Examination
Jul 10, 2026
Response after Non-Final Action
Oct 05, 2026
Non-Final Rejection mailed — §101, §103, §112 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
25%
Grant Probability
58%
With Interview (+32.7%)
4y 11m (~1y 11m remaining)
Median Time to Grant
High
PTA Risk
Based on 425 resolved cases by this examiner. Grant probability derived from career allowance rate.

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