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 .
DETAILED ACTION
This office action is in response to application 18/582,036 filed 2/20/24. Claims 1-20 are pending with claims 1, 11, and 20 in independent form.
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 (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 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.
Claim(s) 1-9 and 11-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Govan et al. US 11,046,205 B1.
Govan teaches:
Re: claim 1, A method, comprising: supplying, by an electric vehicle (EV), electrical power to an EV charge station; and outputting a message including data indicative of a task result for a software-based task performed at the EV charge station with the EV charge station receiving power from the EV (diagnostic services can be determined and/or performed at a charging station with messages regarding the diagnostic services transmitted to a remote server and/or to a user display screen; col. 42, line 40 - col. 44, lines 14).
Re: claim 2, The method of claim 1, further comprising communicably coupling the EV charge station to a wireless communication network supported by the EV (col. 19, line 63 – col. 20, line 15).
Re: claim 3, The method of claim 2, wherein outputting the message further comprises transmitting, by the EV charge station, the message to a remote server via the wireless communication network supported by the EV (diagnostic services transmitted to a remote server and/or to a user display screen; col. 42, line 40 - col. 44, lines 14).
Re: claim 4, The method of claim 1, further comprising instructing, by an external device, execution of the software-based task in response to the EV charge station not executing the software-based task automatically after receiving power from the EV (col. 6, line 60 – col. 7, line 2).
Re: claim 5, The method of claim 4, wherein the external device is at least one of the EV or a portable computing device having a software application configured to provide commands to the EV charge station to have the EV charge station initiate execution of the software-based task stored at at least one of the EV charge station, a remove server, or the EV (col. 6, line 60 – col. 7, line 2).
Re: claim 6, The method of claim 1, wherein outputting the message further comprises, at least one: transmitting the message to a remote server; or providing the message via one or more human machine interface devices (diagnostic services can be determined and/or performed at a charging station with messages regarding the diagnostic services transmitted to a remote server and/or to a user display screen; col. 42, line 40 - col. 44, lines 14).
Re: claim 7, The method of claim 1, wherein the software-based task is at least one of a software upgrade or diagnostic test (diagnostic services can be determined and/or performed at a charging station with messages regarding the diagnostic services transmitted to a remote server and/or to a user display screen; col. 42, line 40 - col. 44, lines 14).
Re: claim 8, The method of claim 7, wherein the diagnostic test includes tests evaluating, at least one of, a circuit board or a communication connection (col. 7, lines 15-20).
Re: claim 9, The method of claim 1, wherein supplying electrical power to the EV charge station further comprises having a charger of the EV charge station connected to a charge port of the EV with the EV charge station being isolated from a power grid (col. 42, lines 31-34).
Re: claim 11, A system comprising one or more controllers configured to: control a power electronics module to supply electric power to an electric vehicle (EV) charge station from a battery pack of an EV; and output a message including data indicative of a task result for a software-based task performed at the EV charge station with the EV charge station receiving electric power from the EV (diagnostic services can be determined and/or performed at a charging station with messages regarding the diagnostic services transmitted to a remote server and/or to a user display screen; col. 42, line 40 - col. 44, lines 14).
Re: claim 12, The system of claim 11, wherein the one or more controllers is further configured to communicably couple the EV charge station to a wireless communication network supported by the EV (col. 19, line 63 – col. 20, line 15).
Re: claim 13, The system of claim 12, wherein the one or more controllers is further configured to transmit the message to a remote server via the wireless communication network supported by the EV (diagnostic services transmitted to a remote server and/or to a user display screen; col. 42, line 40 - col. 44, lines 14).
Re: claim 14, The system of claim 11, wherein the one or more controllers is further configured to instruct execution of the software-based task in response to the EV charge station not executing the software-based task automatically after receiving power from the EV (col. 6, line 60 – col. 7, line 2).
Re: claim 15, The system of claim 11, wherein the one or more controllers is further configured to provide the message to one or more human machine interface devices (diagnostic services can be determined and/or performed at a charging station with messages regarding the diagnostic services transmitted to a remote server and/or to a user display screen; col. 42, line 40 - col. 44, lines 14).
Re: claim 16, The system of claim 11, wherein the software-based task is at least one of a software upgrade or diagnostic test (diagnostic services can be determined and/or performed at a charging station with messages regarding the diagnostic services transmitted to a remote server and/or to a user display screen; col. 42, line 40 - col. 44, lines 14).
Re: claim 17, The system of claim 16, wherein the diagnostic test includes tests evaluating, at least one of, a circuit board or a communication connection (col. 7, lines 15-20).
Re: claim 18, The system of claim 11, wherein at least one of the one or more controllers is provided at the EV and at least one of the one or more controllers is provided at the EV charge station (col. 23, lines3-25).
Re: claim 19, The system of claim 11, wherein the one or more controllers is configured to detect a charger of the EV charge station connected to a charge port of the EV and controls power to the EV charge station in response to detecting the charger being connected to the charge port (col. 43, lines 41-63).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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.
Claim(s) 10 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Govan et al. US 11,046,205 B1 in view of McQuillen et al. US 2018/0105060 A1.
The teachings of Govan have been discussed above.
Govan additionally teaches:
Re: claim 20, A method, comprising: supplying, by an electric vehicle (EV), power to an EV charge station after detecting a charger of the EV charge station connected to a charge port of the EV and having the EV charge station electrically isolated from an installed power source; having at least one software-based task performed at the EV charge station after supplying power to the EV charge station; and outputting a message to at least one of a remote server or a human machine interface, the message including data indicative of a task result for the at least one software-based task performed at the EV charge station (diagnostic services can be determined and/or performed at a charging station with messages regarding the diagnostic services transmitted to a remote server and/or to a user display screen; col. 42, line 40 - col. 44, lines 14).
Govan fails to specifically teach:
Re: claim 10, The method of claim 1, further comprising electrically coupling the EV charge station to a power grid in response to the task result indicating a nominal result of the EV charge station.
Re: claim 20, supplying AC power
However, McQuillen teaches:
Re: claim 10, The method of claim 1, further comprising electrically coupling the EV charge station to a power grid in response to the task result indicating a nominal result of the EV charge station ([0022]).
Re: claim 20, supplying AC power ([0002], [0017]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of McQuillen into the method of Govan, as an obvious matter of design choice as connection to a power grid provides cost savings and reliability while allowing for rapid charging.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KRISTY A HAUPT whose telephone number is (571)272-8545 and email address is kristy.haupt@uspto.gov. The examiner can normally be reached on Mon-Sun 5:30 AM- 10PM; Flex during day.
If all attempts to reach the examiner by telephone and email are unsuccessful, the examiner’s supervisor, Thomas Pham, can be reached at telephone number (571) 272-3689. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KRISTY A HAUPT/
Primary Examiner, Art Unit 2876
KAH