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 .
Claims 1-2, 4, 7-10, 14-19, 20-26 are pending.
Claim 20 is withdrawn.
Claims 1-2, 7-8, 14-15, 17, 22, 23, 25 are rejected.
Claims 9-10, 16-19, 21, 24, 26 are objected to.
Election/Restriction
Restriction to one of the following inventions is required under 35 U.S.C. 121:
I. Claims 1-2, 4, 7-10, 14-19, 21-26, drawn to controlling power management in a RV park, classified in H02J 13/00.
II. Claims 20, drawn to vehicle facility that has multiple switch, classified in B60R 16/0238.
The inventions are independent or distinct, each from the other because:
Inventions II and II are directed to related vehicle facilities. The related inventions are distinct if: (1) the inventions as claimed are either not capable of use together or can have a materially different design, mode of operation, function, or effect; (2) the inventions do not overlap in scope, i.e., are mutually exclusive; and (3) the inventions as claimed are not obvious variants. See MPEP § 806.05(j). In the instant case, the inventions as claimed Group I has a single switch within a RV park that monitors power while Group II claims multiple switches for multiple general vehicles. Furthermore, the inventions as claimed do not encompass overlapping subject matter and there is nothing of record to show them to be obvious variants.
Restriction for examination purposes as indicated is proper because all the inventions listed in this action are independent or distinct for the reasons given above and there would be a serious search and/or examination burden if restriction were not required because one or more of the following reasons apply:
(a) the inventions have acquired a separate status in the art in view of their different classification (see above);
(b) the inventions have acquired a separate status in the art due to their recognized divergent subject matter (multiple switches vs RV park);
(c) the inventions require a different field of search (for example, searching different classes/subclasses or electronic resources, or employing different search queries) see classification above;
Applicant is advised that the reply to this requirement to be complete must include (i) an election of an invention to be examined even though the requirement may be traversed (37 CFR 1.143) and (ii) identification of the claims encompassing the elected invention.
The election of an invention may be made with or without traverse. To reserve a right to petition, the election must be made with traverse. If the reply does not distinctly and specifically point out supposed errors in the restriction requirement, the election shall be treated as an election without traverse. Traversal must be presented at the time of election in order to be considered timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are added after the election, applicant must indicate which of these claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
During a telephone conversation with Josh Tucker, Reg. # 63,809 on 6-23-26 a provisional election was made without traverse to prosecute the invention of Group I, claims 1-2, 4, 7-10, 14-19, 21-26. Affirmation of this election must be made by applicant in replying to this Office action. Claim 20 is withdrawn from further consideration by the examiner, 37 CFR 1.142(b), as being drawn to a non-elected invention.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1, 2, 7, 8, 14, 17, 22, and 23 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, 7, 8, 14, 17, 22, 23 of U.S. Patent No. 10,414,357 and claims 1-3, 6-7, 10-11, 13, and 14 of Patent No. 12,109,957. Although the claims at issue are not identical, they are not patentably distinct from each other because the current claims are a slightly broader version of the patented claims. The table below shows how to the claims correlate.
Current claims
Patent 10,414,357
Patent 12,109,957
1. (Currently Amended) A system, comprising: a first electrical power meter configured to selectively provide electrical power via a first vehicle power connector and provide electrical power at a second current amount via a second vehicle power connector, the first electrical power meter comprising: a first network interface; one or more electrical power inputs configured to receive electrical power from a power-distribution system of a vehicle facility configured to host a plurality of vehicles; a first electrically controlled switch configured to selectively conduct electrical power from the power-distribution system via the first vehicle power connector; and a first client-side processor coupled to the first network interface and coupled to the first electrically controlled switch, wherein the first client-side processor is configured to communicate via the first network interface with a remote server system, wherein the remote server system is configured to perform operations comprising; causing a user-computing device of a user to display a user interface by which power-delivery via the first electrical power meter is configurable; receiving, from the user-computing device, a request to deliver electrical power via the first vehicle power connector; and in response to receiving the request, transmitting, to the network interface of the first electrical power meter, a command that causes the client-side processor to adjust the first electrically controlled switch to effectuate delivery of electrical power via the first vehicle power connector, wherein: the vehicle facility comprises a plurality of sites to park recreational vehicles, each of the plurality of sites having an instance of the electrical power meter; and the first electrical power meter comprises a meter configured to measure an amount of electricity delivered to a recreational vehicle via the first electrical power meter.
1. A system, comprising: a first electrical power meter configured to selectively provide electrical power at a first current amount via a first vehicle power connector and provide electrical power at a second current amount via a second vehicle power connector, the first electrical power meter comprising: a first network interface; one or more electrical power inputs configured to receive electrical power from a power-distribution system of a vehicle facility configured to host a plurality of vehicles; a first electrically controlled switch configured to selectively conduct electrical power from the power-distribution system via the first vehicle power connector; a and a first client-side processor coupled to the first network interface, the first electrically controlled switch, wherein the first client-side processor is configured to communicate via the first network interface with a remote server system; and the remote server system, comprising: one or more server-side processors; and memory storing instructions that when executed effectuate operations comprising: causing a user-computing device of a user to display a user interface by which power-delivery via the first electrical power meter is configurable; receiving, from the user-computing device, a request to deliver electrical power via the first vehicle power connector; and in response to receiving the request, transmitting, to the network interface of the first electrical power meter, a command that causes the client-side processor to adjust the first electrically controlled switch to effectuate delivery of electrical power at the first current amount via the first vehicle power connector, wherein: the vehicle facility is a recreational vehicle facility having a plurality of sites to park recreational vehicles, each of the plurality of sites having an instance of the electrical power meter; the first electrical power meter comprises a meter configured to measure an amount of electrical energy delivered to a recreational vehicle via the first electrical power meter;
1. A system, comprising: a first electrical power meter configured to selectively provide electrical power via a first vehicle power connector and provide electrical power at a second current amount via a second vehicle power connector, the first electrical power meter comprising: a first network interface; one or more electrical power inputs configured to receive electrical power from a power-distribution system of a vehicle facility configured to host a plurality of vehicles; a first electrically controlled switch configured to selectively conduct electrical power from the power-distribution system via the first vehicle power connector; and a first client-side processor coupled to the first network interface and coupled to the first electrically controlled switch, wherein the first client-side processor is configured to communicate via the first network interface with a remote server system; and the remote server system, comprising: one or more server-side processors; and memory storing instructions that when executed effectuate operations comprising: causing a user-computing device of a user to display a user interface by which power-delivery via the first electrical power meter is configurable; receiving, from the user-computing device, a request to deliver electrical power via the first vehicle power connector; and in response to receiving the request, transmitting, to the network interface of the first electrical power meter, a command that causes the client-side processor to adjust the first electrically controlled switch to effectuate delivery of electrical power via the first vehicle power connector, wherein: the vehicle facility comprises a plurality of sites to park recreational vehicles, each of the plurality of sites having an instance of the electrical power meter; and the first electrical power meter comprises a meter configured to measure an amount of electrical energy delivered to a recreational vehicle via the first electrical power meter.
2
2,3
2
7
6
7
8
7
-
14
13
14
15
14
15
17
-
17
22
10
11
23
11
12
The dependent claims in the above chart are patently identical and to save space the Examiner has not included each limitation.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 25 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The claim discuss billing information that Examiner cannot find in the original disclosure.
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.
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. See claim 17.
Allowable Subject Matter
Claims 9-10, 16-19, 21, 24, 26 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Moving any of these into the independent would overcome the double patenting rejection.
Other Art of Record
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Toyooka (U.S. PG Pub. 2020/0369238) teaches a remote severs managing a fleet of vehicles.
Spence (U.S. PG Pub. 2017/0294275) teaches a control system that controls power distribution based on operating parameters.
Lowenthal (U.S. PG Pub. 2014/0152256) teaches network controlled charging system for EV vehicles.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHAN L LAUGHLIN whose telephone number is (571)270-1042. The examiner can normally be reached Monday-Friday 8AM-4PM.
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, Mohammad Ali can be reached at 571-272-4105. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NATHAN L LAUGHLIN/Primary Examiner, Art Unit 2119
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