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 .
Specification
The disclosure is objected to because of the following informalities:
In par. [0033], the numbering for the “Activity Clocks” Game Clock” and “Speed Clock” are different from what is shown in Fig.1. Correct the specification or update the drawing to ensure the specification and the drawing are consistent. Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Claim limitation “input means to receive”…………; and storing means for storing” ………; in claim 1 has/have been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because it uses/they use a generic placeholder “means to/for” coupled with functional language “”receive” “storing " without reciting sufficient structure to achieve the function. Furthermore, the generic placeholder is not preceded by a structural modifier.
Since the claim limitation(s) invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, claim(s) 21 has/have been interpreted to cover the corresponding structure described in the specification that achieves the claimed function, and equivalents thereof.
A review of the specification shows that the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph limitation: Fig.2. par. [0039]-[0046].
If applicant wishes to provide further explanation or dispute the examiner’s interpretation of the corresponding structure, applicant must identify the corresponding structure with reference to the specification by page and line number, and to the drawing, if any, by reference characters in response to this Office action.
If applicant does not intend to have the claim limitation(s) treated under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112 , sixth paragraph, applicant may amend the claim(s) so that it/they will clearly not invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, or present a sufficient showing that the claim recites/recite sufficient structure, material, or acts for performing the claimed function to preclude application of 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
As per claim 20, they are rejected because the applicant has provided evidence that the applicant intends the term "computer-readable media” to include non-statutory matter. The applicant, in the specification does not provide a definition of what is included under the term " computer- readable recording medium ". Under a broadest reasonable interpretation, the open-ended definition may include computer storage on forms of energy. As such, the claim(s) is/are drawn to a form of energy. Energy is not one of the four categories of invention and therefore this/these claim(s) is/are not statutory. Energy is not a series of steps or acts and thus is not a process. Energy is not a physical article or object and as such is not a machine or manufacture. Energy is not a combination of substances and therefore not a composition of matter. The Examiner suggests amending the claim(s) to read as a "non- transitory computer- readable media "
Claim Rejections - 35 USC § 102
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.
Claims 1-5,8,10-16 and 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Solomon et al. (Solomon) (Pub No. US 2011/0208953).
Regrading Claim 1 Solomon discloses: a timing system controller [Fig.2 and Fig.8], comprising: a processor; [Fig.8, item 855 Processing system, [0083]] computer-readable memory that stores a data store structure [Fig.8, item 830, Non-Volatile Memory] having multiple records, [Fig.5 A and Fig.5 B ] each record having at least an incident metadata event description field, [Fig.5A and B, item 515, EVENT, [0043]] an incident event time field, [Fig.5 A and B, Local System Time 520, [0043]] and an incident real time field; [Fig.5 A and B, Real Time 525, [0043]]] an event clock that defines event time for at least a first event;[[0018] time of charging station specific events in a local system time format ] input means to receive first event incident metadata related to a first event incident and an incident event time that indicates a time on the event clock that the first event incident occurred, [[0072] event manager 230 uses the local system clock 220 to record the time of the boot-up event in its locally estimated real time for the present epoch. It should be understood that the locally estimated real time is not the actual real time. The boot-up event is recorded in the charging station event structure 250] the event metadata including at least an event description and an event time; [Fig.5 A and B, Event such as Boot-UP, Start Session, End Session corresponds to Event description and Local System 520 corresponds to event time ] a synchronization module configured to derive an incident real time that corresponds to the incident event time; [[0069] [0078]-[0079] the local system clock 220 is synchronized with the real time ] storing means [Fig.8, item 830] for storing: the first event incident metadata event description in the incident metadata event description field of a data structure store record; the incident event time in the incident event time field of the data structure store record; the incident real time in the incident real time field of the data structure store record. [Fig.5 A and B, [0056]-[0058] epochs 1 and 2 contain events in local system time format that are to be converted to real time format]
Regrading Claim 2 Solomon discloses: a second data structure having multiple records, [Second boot sequence as shown in Fig. 5A and 5B ] each record having at least an incident metadata field, an incident event time field, and an incident real time field; a second event clock that defines event time for the second event; input means to receive second event incident metadata related to a second event incident, and an incident event time that indicates a time on the event clock that the second event incident occurred; and wherein the synchronization module is further configured to derive an incident real time that corresponds to the incident event time; and wherein the storing means is further configured to store: the second event incident metadata in the incident metadata field of a record second data structure; The incident event time in the incident event time field of the record of the second data structure; and the incident real time in the incident real time field of the second data structure record. [Fig.5A and Fig.5B, [0056]-[0058] epochs 1 and 2 contain events in local system time format that are to be converted to real time format. [0069] [0078]-[0079] the local system clock 220 is synchronized with the real time ]
Regrading Claim 3 Solomon discloses: the input means further comprises a controller operated by a human. [[0029] charging session start event occurs when an electric vehicle operator is authenticated to use the charging station and optionally the charging station is energized]
Regrading Claim 4 Solomon discloses the controller further comprises an alpha-numeric keypad. [[0081] one or more input/output devices (e.g., a keyboard, a touchscreen, and/or a display)]
Regrading Claim 5 Solomon discloses the controller further comprises a soft keyboard. [[0081] one or more input/output devices (e.g., a keyboard, a touchscreen, and/or a display)]
Regrading Claim 8 Solomon discloses the input means can be operated remotely from the timing system. [[0092] he time server is illustrated as being located remotely from the network server 160, in some embodiments the time server is part of the network server 160. In other embodiments the real time clock is part of the network server. In other embodiments, the real time clock is part of the gateway and provides actual real time to the charging stations.]
Regrading Claim 10 Solomon discloses the synchronization module is further configured to derive the event real time from the event incident time using one of the following methods: Precision Time Protocol, Coordinated Universal Time, International Atomic Time, satellite time synchronization, cellular system synchronization. [[0024] The time server 170 is coupled with the Real Time Clock 175 (e.g., atomic clock, GPS clock, or other radio clocks).]
Regrading Claim 11 Solomon discloses: receiving a first event identifier that identifies a first event;[Fig.5 A and B, EPOCH 510, [0043] the event structure includes the epoch field]
receiving a first event first incident identifier that identifies a first incident in the first event; [[Fig.5A and B, item 515, EVENT, [0043]]] receiving a first event first incident event time that is associated with a first event time clock; [[0072] event manager 230 uses the local system clock 220 to record the time of the boot-up event in its locally estimated real time for the present epoch. It should be understood that the locally estimated real time is not the actual real time. The boot-up event is recorded in the charging station event structure 250]
converting the first event first incident event time to a first event first incident real time that is associated with a real time clock; [[0069] [0078]-[0079] the local system clock 220 is synchronized with the real time ]and
storing [Fig.8, item 830] the first event identifier, the first event first incident identifier, the first event first incident event time, and the first event first incident real time in an electronic storage record such that the first event identifier, the first event first incident identifier, the first event first incident event time, and the first event first incident real time are associated with each other. [Fig.5 A and B, [0056]-[0058] epochs 1 and 2 contain events in local system time format that are to be converted to real time format]
Regrading Claim 12 Solomon discloses: receiving a first event second incident identifier that identifies a second incident in the first event; [Second boot sequence as shown in Fig. 5A and 5B ] receiving a first event second incident event time that is associated with the event time clock; converting the first event second incident event time to a first event second incident real time that is associated with the real time clock; and storing the first event second incident identifier, the first event second incident event time, and the first event second incident real time in the electronic storage record such that the first event second incident identifier, the first event second incident event time, and the first event second incident real time are associated with the first event identifier. [[0056]-[0058] epochs 1 and 2 contain events in local system time format that are to be converted to real time format. [0069] [0078]-[0079] the local system clock 220 is synchronized with the real time ]
Regrading Claim 13Solomon discloses: receiving a second event identifier that identifies a second event; receiving a second event first incident identifier that identifies a first incident in the second event; receiving a second event first incident event time that is associated with a second event time clock; converting the second event first incident event time to a second event first incident real time that is associated with the real time clock; and storing the second event identifier, the second event first incident identifier, the second event first incident event time, and the second event first incident real time in an electronic storage record such that the second event identifier, the second event first incident identifier, the second event first incident event time, and the second event first incident real time are associated with each other. [[0056]-[0058] epochs 1 and 2 contain events in local system time format that are to be converted to real time format. [0069] [0078]-[0079] the local system clock 220 is synchronized with the real time ]
Regrading Claim 14 Solomon discloses: the first event identifier and the first event first incident identifier are received from one or more controllers. [Fig.2, Charging Station that perform synchronization with a real time clock, wherein the charging station corresponds to the controller]
Regrading Claim 15 Solomon discloses: the first event identifier and the first event first incident identifier are entered into the one or more controllers by one or more human.[[0029] charging session start event occurs when an electric vehicle operator is authenticated to use the charging station and optionally the charging station is energized]
Regrading Claim 16 Solomon discloses: the one or more controllers are selected from the following group of controller types: an alpha-numeric keypad, a soft keyboard, a stylus, and a voice actuated controller. [[0081] one or more input/output devices (e.g., a keyboard, a touchscreen, and/or a display)]
Regrading Claim 18 Solomon discloses the first event first incident and the second event first incident are received from a single controller. [Fig.2, Charging Station that perform synchronization with a real time clock, wherein the charging station corresponds to the controller]
Regrading Claim 19 Solomon discloses the converting the first event first incident event time to a first event first incident real time that is associated with a real time clock is performed using one of the following time synchronization methods: Precision Time Protocol, Coordinate Universal Time, International Atomic Time, satellite time synchronization, and cellular system synchronization. [[0024] The time server 170 is coupled with the Real Time Clock 175 (e.g., atomic clock, GPS clock, or other radio clocks).]
Claim 20 Solomon discloses One or more computer-readable media that stores computer-executable instructions that, when executed on a computer, perform the following [[0081] computing devices store and communicate (internally and with other computing devices over a network) code and data using machine-readable media, such as machine storage media (e.g., magnetic disks; optical disks; random access memory; read only memory; flash memory devices; phase-change memory) and machine communication media (e.g., electrical, optical, acoustical or other form of propagated signals--such as carrier waves, infrared signals, digital signals, etc.). In addition, such computing devices typically include a set of one or more processors coupled to one or more other components, such as a storage device, one or more input/output devices (e.g., a keyboard, a touchscreen, and/or a display), and a network connection.] steps: receiving an indication that a first incident has occurred in an event at a first event time; [[0072] event manager 230 uses the local system clock 220 to record the time of the boot-up event in its locally estimated real time for the present epoch. It should be understood that the locally estimated real time is not the actual real time. The boot-up event is recorded in the charging station event structure 250, [Fig.5 A and B, Event such as Boot-UP, Start Session, End Session corresponds to Event description and Local System 520 corresponds to event time ]] synchronizing the first event time with a real time clock to identify a first real time at which the first incident occurred; [[0069] [0078]-[0079] the local system clock 220 is synchronized with the real time ] receiving an indication that a second incident has occurred in the event at a second event time; [Fig.5A and 5B. second boot sequence] synchronizing the second event time with a real time clock to identify a second real time at which the second incident occurred; and storing the first event time, the first real time, the second event time and the second real time in an electronic record associated with the event. [[0056]-[0058] epochs 1 and 2 contain events in local system time format that are to be converted to real time format. [0069] [0078]-[0079] the local system clock 220 is synchronized with the real time ]
Claim Rejections - 35 USC § 103
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.
Claims 6, 9 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over by Solomon et al. (Solomon) (Pub No. US 2011/0208953) in view of Rodriguez-Natal et al. (Rodriguez) (Pub No. US 2023/0328038) .
Regarding Claim 6 Solomon does not explicitly teach that the controller further comprises a stylus.
However, Rodriguez teaches the controller further comprises a stylus. [[0077] computer can also include one or more input/output controllers for receiving and processing input from a number of input devices, such as a keyboard, a mouse, a touchpad, a touch screen, an electronic stylus, or other type of input device.]
Therefore, it would have been obvious to one of the ordinary skilled in the art to which this invention pertains before the effective filing date of the invention to use a stylus as an input device in Solomon’s system.
A person with ordinary skill in the art would have been motivated to use a stylus as an input device to reduce screen smudges and increase productivity.
Regarding Claim 9 Solomon does not teach the input means comprises a plurality of controllers.
However, Rodriguez teaches the input means comprises a plurality of controllers. [[0077] computer can also include one or more input/output controllers for receiving and processing input from a number of input devices, such as a keyboard, a mouse, a touchpad, a touch screen, an electronic stylus, or other type of input device.]
Therefore, it would have been obvious to one of the ordinary skilled in the art to which this invention pertains before the effective filing date of the invention to use more than one input controller in Solomon’s system as taught by Rodriguez.
A person with ordinary skill in the art would have been motivated to use more than one input controller in Solomon’s system to have flexibility, efficiency, and reliability.
Regarding Claim 17 Solomon does not teach the first event first incident is received from a first controller and the first event second incident are received from a second controller.
However, Rodriguez teaches the first event first incident is received from a first controller and the first event second incident are received from a second controller. [[0077] computer can also include one or more input/output controllers for receiving and processing input from a number of input devices, such as a keyboard, a mouse, a touchpad, a touch screen, an electronic stylus, or other type of input device.]
Therefore, it would have been obvious to one of the ordinary skilled in the art to which this invention pertains before the effective filing date of the invention to use more than one input controller in Solomon’s system as taught by Rodriguez.
A person with ordinary skill in the art would have been motivated to use more than one input controller in Solomon’s system to have flexibility, efficiency, and reliability.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over by Solomon et al. (Solomon) (Pub No. US 2011/0208953)
Regarding Claim 7 Solomon does not explicitly teach controller further comprises a voice actuated command input module.
However, the examiner takes official notice that a voice actuated command input module is well known in the art, which a skilled person would consider applying when designing a system. Since all the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination yielded nothing more than predictable results to one of ordinary skill in the art. KSR, 550 U.S. at ___, 82 USPQ2d at 1395; Sakraida v. AG Pro, Inc., 425 U.S. 273, 28.
A person with ordinary skill in the art would have been motivate to use voice actuated command input module to enhance speed and increase efficiency.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZAHID CHOUDHURY whose telephone number is (571)270-5153. The examiner can normally be reached Monday-Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Andrew J Jung can be reached at 571-270-3779. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ZAHID CHOUDHURY/ Primary Examiner, Art Unit 2175