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 .
Election/Restrictions
Applicant’s election without traverse of claims 1-13, 19 and 20 in the reply filed on October 10, 2025 is acknowledged.
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 1 – 13, 19 and 20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to abstract idea without significantly more. The claim(s) recite(s) the following limitations that are considered to be abstract ideas:
Claim 1 and 19
determine that a charging session has been initiated to charge a battery of an electric vehicle (EV) at a charging station, wherein the charging station is located in a region that includes one or more merchants, and wherein the charging session is associated with identifying information of the EV;
identify a user associated with the EV based on the identifying information communicated to a charge point operator of the charging station in response to the charging session being initiated, wherein the user is identified from among multiple users registered with a charge point operator that operates a network of charging stations including the charging station;
retrieve one or more content items having one or more interactive elements configured to convey a message to cause the user to visit the one or more merchants while the battery of the EV is being charged by the charging station; and
cause a user device of the user to present the one or more content items prior to termination of the charging session due to the battery of the EV being charged to a preset value.
The limitations of independent claim 1, 8, and 15 as detailed above, as drafted, falls within the “Certain Methods of Organizing Human Activity” grouping of abstract ideas namely “commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations)” because the claims disclose presenting promotional offers in increase the likelihood of visits and purchases. Accordingly, the claims recite an abstract idea This judicial exception is not integrated into a practical application. In particular the claims recite the additional elements of using charging station, user device, electric vehicle, processor, and non-transitory memory. The aforementioned additional generic computing elements perform the steps of the claims at a high level of generality (i.e. As a generic medium performing generic computer function of determining, identifying, retrieving and presenting ) such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea.
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements of charging station, user device, electric vehicle, processor, and non-transitory memory, amounts to no more than mere instruction to apply the exception using a generic computer components. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. The claim is not patent eligible. Thus, taken alone, the additional elements do not amount to significantly more than the above-identified judicial exception (the abstract idea). Looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually. There is no indication that the combination of elements improves the functioning of the computer or improves any other technology. Their collective functions merely provide generic computer implementation.
Thus, taken individually and in combination, the additional elements do not amount to
significantly more than the above-identified judicial exception (the abstract idea).
The dependent claims 2-13 and 20 appear to merely further limit the abstract and as such, the analysis of dependent claims 2-13 and 20 results in the claims “reciting” an abstract idea. The claims the claims do not recited additional elements that integrate the exception into a practical application the additional elements do not amount to an inventive concept (significantly more) other than the above-identified judicial exception (the abstract idea). Thus, based on the detailed analysis above, claims 1 – 13, 19 and 20 are not patent eligible.
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) 1, 2, 4-13, 19 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Turner (US 2011/0204847) in view of Lowenthal et al. (US 2010/0211643)
Claims 1 and 19: Turner A system comprising: at least one hardware processor; and at least one non-transitory memory storing instructions, which, when executed by the at least one hardware processor, cause the system to:
determine that a charging session has been initiated to charge a battery of an electric vehicle (EV) at a charging station, wherein the charging station is located in a region that includes one or more merchants, and wherein the charging session is associated with identifying information of the EV;([0057], in one advertising example, advertising is displayed to the viewer suggesting that the viewer would enjoy a beverage or food from a nearby merchant or restaurant. [0064], When the EVCS/EVSE detects that a customer wishes to use the charging station to connect their vehicle to the power grid, [0079] If the EVCS/EVSE does detect a vehicle plugged into the selected port (process block 908), the EVCS/EVSE will display a screen requesting that the user select an access type (process block 918). FIG. 12 is a screen shot 1200 showing an example of a suitable access type selection screen. [0093], electric vehicle charging system can be used to provide targeted advertising messages based on geographic location and the end user's (EV driver) recorded preferences. Also see [0098] identifying information about the EV )
identify a user associated with the EV based on the identifying information communicated to a charge point operator of the charging station in response to the charging session being initiated, wherein the user is identified from among multiple users registered with a charge point operator that operates a network of charging stations including the charging station; ([0052] the user 260 to the back office server 220. This information can comprise, for example, data read from the user's identification device (e.g., a card, key, or other device for authenticating the user at the EVCS/EVSE 240) or entries made by the user via the display apparatus equipped with a touch screen 250. The data from the user's identification device can be read using an access control device (e.g., access control device 110). Once user identification information is received by the back office server 220, the ability of the user to access the EVCS/EVSE can be determined (e.g., using the stored user's data 170). If the user is an authorized user, the back office server 220 transmits authorization information back to the EVCS/EVSE 240 via the communication link. (also see [0066 and 0083])
retrieve one or more content items having one or more interactive elements configured to convey a message to cause the user to visit the one or more merchants while the battery of the EV is being charged by the charging station; ([0057] n one advertising example, advertising is displayed to the viewer suggesting that the viewer would enjoy a beverage or food from a nearby merchant or restaurant. The advertising can ask the viewer to send a text message to a certain destination, or press a button on the EVCS/EVSE display apparatus to enter their phone number in order to receive a text of a coupon that the viewer can use to receive a discount on the advertised beverages or snacks., [0068] FIG. 3, if the customer interacts with the displayed advertising content (process block 346), these interactions will be processed by the EVCS/EVSE )and
cause a user device of the user to present the one or more content items ([0093] presentation to a smartphone) but does not explicitly disclose prior to termination of the charging session due to the battery of the EV being charged to a preset value. However Lowenthal discloses prior to termination of the charging session due to the battery of the EV being charged to a preset value. ([0054-0056], programmed to transmit notification messages to subscribers (or to other person(s) as designated by the subscribers), and/or hosts upon the following charge status events: fully charged vehicle, X percent charge..the preset value being amount needed to fully charge the vehicle. )
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the system of Turner so as to have included prior to termination of the charging session due to the battery of the EV being charged to a preset value, as taught by Lowenthal in order to send content based on user preferences, thereby allowing a user to receive a message different charging status. (Lowenthal [0043])
Claim 2: Turner discloses the system of claim 1, wherein the one or more content items satisfy a criterion associated with the user, and wherein the criterion includes:
a personal preference of the user, a preference of a particular merchant of the one or more merchants, a time constraint for accepting an offer included in the one or more content items prior to termination of the charging session, or a distance between the charging station and each of the one or more merchants located with the charging station in the region.[0050]
Claim 4: Turner discloses the system of claim 1 further caused to: identify a personal preference of the user, the personal preference being associated with particular goods or services of merchants, wherein the personal preference is stored in association with the identifying information, and wherein the one or more content items satisfy the personal preference of the user. [0065 and 0099]
Claim 5: Turner discloses the system of claim 1 further caused to: but does not explicitly disclose determine a time remaining to charge the battery to the preset value, wherein the one or more content items satisfy a criterion corresponding to an estimate for a time period to redeem an offer included in the one or more content items being less than the time remaining to charge the battery to the preset value. However Lowenthal discloses determine a time remaining to charge the battery to the preset value, wherein the one or more content items satisfy a criterion corresponding to an estimate for a time period to redeem an offer included in the one or more content items being less than the time remaining to charge the battery to the preset value. ([0054] teaches monitoring a charging session and triggering notification when the a predetermined state of charge is reached.)
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the system of Turner so as to have included to require user interaction with content(such as redeeming an offer) before charging completes, as predictable use of timing constraints, in order to provide content of interest to the viewer . (Lowenthal [0042])
Claim 6: Turner discloses the system of claim 1, wherein to determine that the charging session has been initiated to charge the battery of the EV at the charging station comprises causing the system to: detect that a connector of the charging station is plugged into the EV, detect, at the charging station, a short-range wireless signal emitted by a device operated by the user, or detect an input at the user device that requests to unlock the connector of the charging station.[0045 and 0078]
Claim 7: Turner discloses the system of claim 1 comprising a content provider configured to deliver the one or more content items to the user device, wherein to determine that the charging session has been initiated to charge the battery at the charging station comprises causing the system to: receive a notification from the charge point operator that the charging session has been initiated to charge the battery of the EV at the charging station, wherein the notification identifies the EV or the user and identifies the charging station.[0071 and 0083]
Claim 8: Turner discloses the system of claim 1 comprising a content provider configured to deliver the one or more content items to the user device, the content provider being caused to: expose an application programming interface (API) to the charge point operator; receive, via the API, an indication that the charging session has been initiated at the charging station; and communicate the one or more content items to the user device over a telecommunications network or computer network.[0044 and 0048]
Claim 9: Turner discloses the system of claim 1 comprising a content provider configured to deliver location-based advertisement content, wherein to determine that the charging session has been initiated to charge the battery of the EV at the charging station comprises causing the system to: receive a notification from the charge point operator that the charging session has been initiated to charge the battery of the EV at the charging station, wherein the notification includes the identifying information of the EV or the user.[0079]
Claim 10: Turner discloses the system of claim 1, wherein the region that includes one or more merchants comprises: a parking area in which the charging station is located, and a retail shopping center, a government facility, an office building, a hotel or motel, a recreational area, an airport, or a sports or concert venue. [0084]
Claim 11: Turner discloses the system of claim 1 comprising a service provider that includes an advertising backend that is configured to deliver a location-based ad creative of an ad campaign to the user device, wherein the system is caused to: search a users database, based on the identifying information, for user information about the user including a user preference, wherein the identifying information includes information that is used to identify the EV, the user, or payment information; select, based on the user preference, an ad campaign from a campaign database; retrieve, based on the ad campaign, the ad creative; and communicate, over a communications network to the user device, the ad creative. [0066, 0083, and 0099]
Claim 12: Turner discloses the system of claim 1 further caused to, prior to determining that 12. the charging session has been initiated: register the user with a content provider configured to deliver the one or more content items to the user device; and establish an account for the user that links to the EV and stores user preferences for content. [0089]
Claim 13: Turner discloses the system of claim 1: 13. wherein the one or more content items correspond to one or more creatives of a campaign for the merchant, wherein the campaign is configured based in part on the identifying information, and wherein the identifying information includes a type of the EV, an expected time to charge the EV, or a time remaining to charge the EV.[0093]
Claim 20: Turner discloses the method of claim 19 further comprising: 20. generating a quick-response code to receive a discount at the one or more merchants, wherein the content includes the quick-response code, and wherein the quick-response code expires at or before a point in time when the EV is expected to be charged to the preset value.[0035]
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Turner (US 2011/0204847) in view of Lowenthal et al. (US 2010/0211643) in view of Penilla et al. (US 2023/0391319)
Claim 3: Turner discloses the system of claim 1 further caused to:
retrieve data of the user including a personal preference or demographic information; [0050 and 0065]
retrieve data about the one or more merchants including location-based or time- constrained advertisement campaigns; [0093]and but does not explicitly disclose generate the one or more content items as an output of a large language model (LLM) based on inputs including the personal preference or the demographic information and the location-based or time-constrained advertisement campaigns. However Penilla discloses generate the one or more content items as an output of a large language model (LLM) based on inputs including the personal preference or the demographic information and the location-based or time-constrained advertisement campaigns. [0051, 0355] It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the system of Turner and Lowenthal so as to have included generate the one or more content items as an output of a large language model (LLM) based on inputs including the personal preference or the demographic information and the location-based or time-constrained advertisement campaigns, as taught by Penilla in order to provide data that is relevant to the viewer. ([Penilla [0051])
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Yang et al. (US 2025/0071510) - An example operation includes one or more of establishing global positioning system (GPS) coordinates of a virtual geographic boundary around a charging station through a software application, receiving a message from a vehicle which comprises a state of charge (SOC) of the vehicle and an identifier of the vehicle, verifying the vehicle based on the message, detecting that the vehicle has entered the virtual geographic boundary around the charging station based on GPS coordinates of the vehicle, and delivering content to a graphical user interface (GUI) of the software application in response to detection that the vehicle has entered the virtual geographic boundary.
Khoo et a.. (US 2021/0090139) - A method is disclosed for controlling a charge transfer of an electric vehicle using an electric vehicle charging station, a mobile device, and a cloud server. The method includes receiving, at a mobile device, a message for an electric vehicle of a user from the electric vehicle charging station, wherein a user of the mobile device is associated with the electric vehicle to be charged. The method also includes receiving the charging control signal from the cloud server via the mobile device at the electric vehicle charging station in response to authorizing a charging control signal using identification information and credit account information received from the mobile device, wherein the charging control signal is configured to adjust a parameter used to draw electric power from the electric vehicle charging station.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DARNELL A POUNCIL whose telephone number is (571)270-3509. The examiner can normally be reached Monday - Friday 10:00 - 6:00.
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, Ilana Spar can be reached at (571) 270-7537. 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.
/D.A.P/Examiner, Art Unit 3622
/ILANA L SPAR/Supervisory Patent Examiner, Art Unit 3622