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 .
Examiner notes the specification amendments filed 7/10/24 are accepted.
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.
Claim 22 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim does not fall within at least one of the four categories of patent eligible subject matter because applicant claims “computer program product comprising instructions that are stored on a computer-readable medium”. In light of the applicant’s specification (¶[166] of the published specification describes any potential memory this product entails can be volatile[i.e. transitory], ¶[174] just defines the computer program product as a computer program). A computer program and a volatile/transitory memory are neither apparatus nor a method. Therefore, Claim 22 is rejected. It is suggested applicant replace “the limitations above” with “computer program product comprising instructions that are stored on a non-volatile computer-readable medium” to meet the requirements.
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.
(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 1-7, 9, 10, 12, 13, 15-20, and 22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jin et al (USPGPN 20180001780)
Independent Claim 1, Jin discloses a method (Figs. [1, 2] performed on Figs. [3-6],
¶’s [07-21,46-64,79-82,84-87]), comprising:
obtaining a required charging power of a battery module (s20 Figs.[1,2], ¶’s[48, 53, 82];
¶’s [03, 65-67] describes the charging terminals connects to a vehicle battery, i.e. equivalent to a battery module);
obtaining M maximum output powers of M charging piles corresponding to M charging connectors (s30 of Figs. [1, 2], s30-1/s60/s60-1 of Fig.2, ¶’s [68, 69,78-80,83-86, esp. 78,79], where the M charging piles are interpreted to be 1 for the fixed power region and DMK-1 to DMK-k for the addition M charging piles);
obtaining N charging connectors from among the M charging connectors based on the required charging power and the M maximum output powers,
wherein N≤M, M>1, and M and N are integers; and
controlling charging of the battery module by using the N charging connectors (switches of the Dynamic power region DMK-1 to DMK-k, see Figs. [3-6], s30/s40 of Figs. [1, 2], further s70/s80/s60-2 of Fig. 2 describes adjusting the number of connections based upon the required power outputs).
Independent Claim 12, Jin discloses a charging system (Figs. [3-6], with method shown on Figs. [1, 2], ¶’s [07-21,46-64,79-82,84-87]), comprising:
a battery module (¶’s [03, 65-67] describes the charging terminals connects to a vehicle battery, i.e. a battery module)
M charging interfaces connected to the battery module and configured to connect to M charging connectors (MKs represent #1, DMKs represent over 1); and
a charging control system (matrix controller) configured to:
obtain a required charging power of a battery module (s20 Figs.[1,2], ¶’s[48, 53, 82]);
obtain M maximum output powers of M charging piles corresponding to the M charging connectors (s30 of Figs. [1, 2], s30-1/s60/s60-1 of Fig.2, ¶’s [68, 69,78-80,83-86, esp. 78,79], where the M charging piles are interpreted to be 1 for the fixed power region and DMK-1 to DMK-k for the addition M charging piles);
select N charging connectors from among the M charging connectors based on the required charging power and the M maximum output powers,
wherein N < M, M> 1, and M and N are integers; and
control charging of the battery module using the N charging connectors (switches of the Dynamic power region DMK-1 to DMK-k, see Figs. [3-6], s30/s40 of Figs. [1, 2], further s70/s80/s60-2 of Fig. 2 describes adjusting the number of connections based upon the required power outputs).
Independent Claim 22, Jin discloses a computer program product comprising instructions that are stored on a computer-readable medium (presence of Figs. [1, 2] in combination with matrix controller of Figs. [3-6] would implicitly mean it is programmed to perform those function) and that, when executed by at least one processor (matrix controller of Fig. 3-6), cause a charging control system to (Figs. [1, 2] performed on Figs. [3-6],
¶’s [07-21,46-64,79-82,84-87]):
obtaining a required charging power of a battery module (s20 Figs.[1,2], ¶’s[48, 53, 82];
¶’s [03, 65-67] describes the charging terminals connects to a vehicle battery, i.e. equivalent to a battery module);
obtaining M maximum output powers of M charging piles corresponding to M charging connectors (s30 of Figs. [1, 2], s30-1/s60/s60-1 of Fig.2, ¶’s [68, 69,78-80,83-86, esp. 78,79], where the M charging piles are interpreted to be 1 for the fixed power region and DMK-1 to DMK-k for the addition M charging piles);
obtaining N charging connectors from among the M charging connectors based on the required charging power and the M maximum output powers,
wherein N≤M, M>1, and M and N are integers; and
controlling charging of the battery module by using the N charging connectors (switches of the Dynamic power region DMK-1 to DMK-k, see Figs. [3-6], s30/s40 of Figs. [1, 2], further s70/s80/s60-2 of Fig. 2 describes adjusting the number of connections based upon the required power outputs).
Dependent Claim 2, Jin discloses the M maximum output powers comprise N maximum output powers corresponding to the N charging connectors,
wherein a first sum of the N maximum output powers is greater than or equal to the required charging power, and
wherein a second a sum of any N-1 maximum output powers of the N maximum output powers is less than the required charging power (see Figs. [1, 2, esp. 2]).
Dependent Claim 9, Jin discloses after controlling the charging, the method further comprises controlling positive electrode switches and negative electrode switches of N charging interfaces connected to the N charging connectors to be turned on (see switches of Figs. [3-6, esp. 6] which have + and – switches ).
Dependent Claim 10, Jin discloses after the controlling the charging, the method further comprises controlling a first positive electrode switch and a first negative electrode switch of a first charging interface other than N charging interfaces to be turned off (at least s30-1 and s60-2 would represent these steps).
Dependent Claims 3 and 16, Jin discloses the M charging piles comprise N charging piles corresponding to the N charging connectors,
wherein before controlling the charging, the method further comprises
sending N first charging requests to the N charging piles to the N charging piles,
and wherein the N first charging requests comprise N requested output powers required by the N charging piles (as disclosed in Figs. [1, 2], this function occurs).
Dependent Claims 4 and 17, Jin discloses the M charging piles comprise M-N charging piles, wherein the M charging connectors comprise M-N charging connectors corresponding to the M-N charging piles,
and wherein the method further comprises sending M-N second charging requests to the M-N charging piles,
wherein the M-N second charging requests indicate to not output a power (this function occurs in Figs. [1, 2]. Esp. at least s30-1 and s60-2 would represent these steps of Fig. 2).
Dependent Claims 5 and 18, Jin discloses the method further comprises determining, based on the required charging power and the M maximum output powers,
the N requested output powers (Figs. [1, 2] ¶’s [68, 69,78-80,83-86, esp. 79, 83-86]).
Dependent Claims 6 and 19, Jin discloses the M maximum output powers comprise N maximum output powers corresponding to the N charging piles, and
wherein determining the N requested output powers comprises
determining when a sum of the N maximum output powers is equal to the required power, that the N requested output powers are the N maximum output powers (Figs. [1, 2] ¶’s [68, 69,78-80,83-86, esp. 79, 83-86]).
Dependent Claims 7 and 20, Jin discloses the N charging pile comprise a first charging pile corresponding to a first maximum output power of the N maximum output powers and corresponding to a first requested output power of the N requested output powers,
and wherein determining the N requested output powers comprises:
determining, when a first sum of the N maximum output powers is greater than the required power, the first requested output power as X-PN-1,
wherein X is the required power,
wherein PN-1 is a second sum of the N maximum output powers other than the first maximum output power,
and wherein X>PN-1>0;
and determining that N-1 requested output powers of the N requested output powers other than the first requested output power are N-1 maximum output powers of the N maximum output powers (one of ordinary skill in the art would interpret this calculation operation is equivalent to the determination on whether to add or subtract modules for extra power, see Figs. [1, 2] ¶’s [68, 69,78-80,83-86, esp. 79, 83-86]).
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.
Claims 8 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Jin et al (USPGPN 20180001780)
Dependent Claims 8 and 21, Jin teaches the first maximum output power is smallest among the N maximum output powers (while Jin teaches the maximum power of the units is exemplarily 15kW for all of them, one of ordinary skill in the art understands the value is a simple design choice to have different power ratings, and it would be obvious to try a situation where the fixed power modules would have a lower power rating maximum than the dynamic power modules [KSR E, either identical as exemplarily described, lower than the other, or higher than the other, thus fixed number of solutions, with reasonable expectation of success]. By having the initial power output being a lower rating/maximum, a person having ordinary skill in the art understands that it can save costs since a higher maximum rating is usually associated with higher costs.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN T TRISCHLER whose telephone number is (571)270-0651. The examiner can normally be reached 9:30A-3:30P (often working later), M-F, ET, Flexible. 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, Drew Dunn can be reached at 5712722312. 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.
/JOHN T TRISCHLER/ Primary Examiner, Art Unit 2859
Prosecution Insights