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 .
Status of the Claims
Claims 1-20 are currently pending.
Examiner Comment
Examiner telephoned the office of William Samore on 07/13/26 and left a message, but no return call was received.
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 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4, 6, 7, and 9-20 of U.S. Patent No. 12,123,899. Although the claims at issue are not identical, they are not patentably distinct from each other because the patented claims disclose each and every claimed limitation, or obvious variations thereof. See claim mapping below.
Instant application No. 18/901,997
US Patent No. 12,123,899
1. A computer-implemented method for determining whether a heating, ventilation, and air conditioning (HVAC) component in an electric vehicle (EV) charging station is operating properly, the method comprising: measuring, via an EV charging station controller, a first current, wherein the first current is a current corresponding to an input to the EV charging station; measuring, via EV charging station controller, a current of a first reference component; measuring, via the EV charging station controller, a current of a second reference component; and determining, via the EV charging station controller, an operational status of the HVAC component based upon all of the first current, the current of the first reference component, and the current of the second reference component; and in response to determining that the HVAC component is not operating properly, automatically adjusting, via the EV charging station controller, a charging rate of a battery of an energy storage module of the EV charging station.
1. A computer-implemented method for determining whether a component in an electric vehicle (EV) charging station is operating properly, the method comprising: measuring, via an EV charging station controller, a first current, wherein the first current is a current corresponding to an input to the EV charging station; measuring, via EV charging station controller, a current of a first reference component; measuring, via the EV charging station controller, a current of a second reference component; determining, via the EV charging station controller, a summed current by summing the current of the first reference component and the current of the second reference component; determining, via the EV charging station controller, a remaining current by subtracting the summed current from the first current; and applying, via the EV charging station controller, a comparison rule to the remaining current to determine an operational status of the component.
10. The computer-implemented method of claim 1, wherein: the applying the comparison rule determines the operational status to be inoperable; and in response to the determination that the operational status is inoperable, setting, via the one or more processors, a battery included in an energy storage module to charge at a reduced rate.
2. The computer-implemented method of claim 1, wherein the first current is a current of a phase of Wye configured three phase power delivered to the EV charging station.
2. The computer-implemented method of claim 1, wherein the first current is a current of a phase of Wye configured three phase power delivered to the EV charging station.
3. The computer-implemented method of claim 1, wherein the first current is a current between phases of delta configured three phase power delivered to the EV charging station.
3. The computer-implemented method of claim 1, wherein the first current is a current between phases of delta configured three phase power delivered to the EV charging station.
4. The computer-implemented method of claim 1, wherein the first current is a current of split phase power delivered to the EV charging station.
4. The computer-implemented method of claim 1, wherein the first current is a current of split phase power delivered to the EV charging station.
5. The computer-implemented method of claim 1, wherein the first current is a current of single phase power delivered to the EV charging station.
1. A computer-implemented method for determining whether a component in an electric vehicle (EV) charging station is operating properly, the method comprising: measuring, via an EV charging station controller, a first current, wherein the first current is a current corresponding to an input to the EV charging station; measuring, via EV charging station controller, a current of a first reference component; measuring, via the EV charging station controller, a current of a second reference component; determining, via the EV charging station controller, a summed current by summing the current of the first reference component and the current of the second reference component; determining, via the EV charging station controller, a remaining current by subtracting the summed current from the first current; and applying, via the EV charging station controller, a comparison rule to the remaining current to determine an operational status of the component.
10. The computer-implemented method of claim 1, wherein: the applying the comparison rule determines the operational status to be inoperable; and in response to the determination that the operational status is inoperable, setting, via the one or more processors, a battery included in an energy storage module to charge at a reduced rate.
11. A non-transitory computer-readable storage medium for determining whether a component in an electric vehicle (EV) charging station is operating properly comprising instructions that, when executed, cause a processor to: measure a first current, wherein the first current is a current corresponding to an input to the EV charging station; measure a current of a first reference component; measure a current of a second reference component; determine a summed current by summing the current of the first reference component and the current of the second reference component; determine a remaining current by subtracting the summed current from the first current; and apply a comparison rule to the remaining current to determine an operational status of the component.
14. The non-transitory computer-readable storage medium of claim 11, wherein the first current is a current of single phase power delivered to the EV charging station.
11. A non-transitory computer-readable storage medium for determining whether a component in an electric vehicle (EV) charging station is operating properly comprising instructions that, when executed, cause a processor to: measure a first current, wherein the first current is a current corresponding to an input to the EV charging station; measure a current of a first reference component; measure a current of a second reference component; determine a summed current by summing the current of the first reference component and the current of the second reference component; determine a remaining current by subtracting the summed current from the first current; and apply a comparison rule to the remaining current to determine an operational status of the component.
14. The non-transitory computer-readable storage medium of claim 11, wherein the first current is a current of single phase power delivered to the EV charging station.
6. The computer-implemented method of claim 1, wherein the first reference component comprises: an output or load of an energy storage component; a heater; a pump; or a charging head.
6. The computer-implemented method of claim 1, wherein the first reference component comprises: an output or load of an energy storage component; a heater; a pump; or a charging head.
7. The computer-implemented method of claim 1, further comprising: determining, via the EV charging station controller, a summed current by summing the current of the first reference component and the current of the second reference component; and determining, via the EV charging station controller, a remaining current by subtracting the summed current from the first current; and wherein the determining the operational status comprises applying, via the EV charging station controller, a comparison rule to the remaining current to determine the operational status of the HVAC component by: determining, via the EV charging station controller, that the remaining current is positive; and in response to the determination that the remaining current is positive, setting, via the EV charging station controller, the comparison rule according to a minimal on factor.
1. A computer-implemented method for determining whether a component in an electric vehicle (EV) charging station is operating properly, the method comprising: measuring, via an EV charging station controller, a first current, wherein the first current is a current corresponding to an input to the EV charging station; measuring, via EV charging station controller, a current of a first reference component; measuring, via the EV charging station controller, a current of a second reference component; determining, via the EV charging station controller, a summed current by summing the current of the first reference component and the current of the second reference component; determining, via the EV charging station controller, a remaining current by subtracting the summed current from the first current; and applying, via the EV charging station controller, a comparison rule to the remaining current to determine an operational status of the component.
7. The computer-implemented method of claim 1, wherein the applying the comparison rule comprises: determining, via the EV charging station controller, that the remaining current is positive; and in response to the determination that the remaining current is positive, setting, via the EV charging station controller, the comparison rule according to a minimal on factor.
8. The computer-implemented method of claim 1, further comprising: determining, via the EV charging station controller, a summed current by summing the current of the first reference component and the current of the second reference component; and determining, via the EV charging station controller, a remaining current by subtracting the summed current from the first current; and wherein the determining the operational status comprises applying, via the EV charging station controller, a comparison rule to the remaining current to determine the operational status of the HVAC component by: determining, via the EV charging station controller, that the remaining current is negative; and in response to the determination that the remaining current is negative, setting, via the EV charging station controller, the comparison rule according to a negative remaining current factor.
1. A computer-implemented method for determining whether a component in an electric vehicle (EV) charging station is operating properly, the method comprising: measuring, via an EV charging station controller, a first current, wherein the first current is a current corresponding to an input to the EV charging station; measuring, via EV charging station controller, a current of a first reference component; measuring, via the EV charging station controller, a current of a second reference component; determining, via the EV charging station controller, a summed current by summing the current of the first reference component and the current of the second reference component; determining, via the EV charging station controller, a remaining current by subtracting the summed current from the first current; and applying, via the EV charging station controller, a comparison rule to the remaining current to determine an operational status of the component.
9. The computer-implemented method of claim 1, wherein the applying the comparison rule comprises: determining, via the EV charging station controller, that the remaining current is negative; and in response to the determination that the remaining current is negative, setting, via the EV charging station controller, the comparison rule according to a negative remaining current factor.
9. A non-transitory computer-readable storage medium for determining whether a heating, ventilation, and air conditioning (HVAC) component in an electric vehicle (EV) charging station is operating properly comprising instructions that, when executed, cause one or more processors to: measure a first current, wherein the first current is a current corresponding to an input to the EV charging station; measure a current of a first reference component; measure a current of a second reference component; and determine an operational status of the HVAC component based upon all of the first current, the current of the first reference component, and the current of the second reference component; and in response to a determination that the HVAC component is not operating properly
1. A computer-implemented method for determining whether a component in an electric vehicle (EV) charging station is operating properly, the method comprising: measuring, via an EV charging station controller, a first current, wherein the first current is a current corresponding to an input to the EV charging station; measuring, via EV charging station controller, a current of a first reference component; measuring, via the EV charging station controller, a current of a second reference component; determining, via the EV charging station controller, a summed current by summing the current of the first reference component and the current of the second reference component; determining, via the EV charging station controller, a remaining current by subtracting the summed current from the first current; and applying, via the EV charging station controller, a comparison rule to the remaining current to determine an operational status of the component.
10. The computer-implemented method of claim 1, wherein: the applying the comparison rule determines the operational status to be inoperable; and in response to the determination that the operational status is inoperable, setting, via the one or more processors, a battery included in an energy storage module to charge at a reduced rate.
10. The non-transitory computer-readable storage medium of claim 9, wherein the first current is a current of a phase of Wye configured three phase power delivered to the EV charging station.
2. The computer-implemented method of claim 1, wherein the first current is a current of a phase of Wye configured three phase power delivered to the EV charging station.
11. The non-transitory computer-readable storage medium of claim 9, wherein the first current is a current between phases of delta configured three phase power delivered to the EV charging station.
3. The computer-implemented method of claim 1, wherein the first current is a current between phases of delta configured three phase power delivered to the EV charging station.
12. The non-transitory computer-readable storage medium of claim 9, wherein the first current is a current of single phase power delivered to the EV charging station.
14. The non-transitory computer-readable storage medium of claim 11, wherein the first current is a current of single phase power delivered to the EV charging station.
13. The non-transitory computer-readable storage medium of claim 9, wherein the first reference component comprises: an output or load of an energy storage component; a heater; a pump; or a charging head.
A computer-implemented method for determining whether a component in an electric vehicle (EV) charging station is operating properly, the method comprising: measuring, via an EV charging station controller, a first current, wherein the first current is a current corresponding to an input to the EV charging station; measuring, via EV charging station controller, a current of a first reference component; measuring, via the EV charging station controller, a current of a second reference component; determining, via the EV charging station controller, a summed current by summing the current of the first reference component and the current of the second reference component; determining, via the EV charging station controller, a remaining current by subtracting the summed current from the first current; and applying, via the EV charging station controller, a comparison rule to the remaining current to determine an operational status of the component.
6. The computer-implemented method of claim 1, wherein the first reference component comprises: an output or load of an energy storage component; a heater; a pump; or a charging head.
14. The non-transitory computer-readable storage medium of claim 9, wherein the instructions, when executed, further cause the one or more processors to: determine a summed current by summing the current of the first reference component and the current of the second reference component; and determine a remaining current by subtracting the summed current from the first current; and wherein the instructions, when executed, further cause the one or more processors to determine the operational status by applying a comparison rule by: determining that the remaining current is positive; and if the remaining current is positive, set the comparison rule according to a minimal on factor.
11. A non-transitory computer-readable storage medium for determining whether a component in an electric vehicle (EV) charging station is operating properly comprising instructions that, when executed, cause a processor to: measure a first current, wherein the first current is a current corresponding to an input to the EV charging station; measure a current of a first reference component; measure a current of a second reference component; determine a summed current by summing the current of the first reference component and the current of the second reference component; determine a remaining current by subtracting the summed current from the first current; and apply a comparison rule to the remaining current to determine an operational status of the component.
15. The non-transitory computer-readable storage medium of claim 11, wherein the instructions, when executed, further cause the processor to apply the comparison rule by: determining that the remaining current is positive; and if the remaining current is positive, set the comparison rule according to a minimal on factor.
15. A computer system for determining whether a heating, ventilation, and air conditioning (HVAC) component in an electric vehicle (EV) charging station is operating properly, the system comprising: one or more processors; and a non-transitory program memory communicatively coupled to the one or more processors and storing executable instructions that, when executed by the one or more processors, cause the computer system to: measure a first current, wherein the first current is a current corresponding to an input to the EV charging station; measure a current of a first reference component; measure a current of a second reference component; and determine an operational status of the HVAC component based upon all of the first current, the current of the first reference component, and the current of the second reference component; and in response to a determination that the HVAC component is not operating properly, automatically adjust a charging rate of a battery of an energy storage module of the EV charging station.
1. A computer-implemented method for determining whether a component in an electric vehicle (EV) charging station is operating properly, the method comprising: measuring, via an EV charging station controller, a first current, wherein the first current is a current corresponding to an input to the EV charging station; measuring, via EV charging station controller, a current of a first reference component; measuring, via the EV charging station controller, a current of a second reference component; determining, via the EV charging station controller, a summed current by summing the current of the first reference component and the current of the second reference component; determining, via the EV charging station controller, a remaining current by subtracting the summed current from the first current; and applying, via the EV charging station controller, a comparison rule to the remaining current to determine an operational status of the component.
10. The computer-implemented method of claim 1, wherein: the applying the comparison rule determines the operational status to be inoperable; and in response to the determination that the operational status is inoperable, setting, via the one or more processors, a battery included in an energy storage module to charge at a reduced rate.
16. The computer system of claim 15, wherein the first current is a current of a phase of Wye configured three phase power delivered to the EV charging station.
2. The computer-implemented method of claim 1, wherein the first current is a current of a phase of Wye configured three phase power delivered to the EV charging station.
17. The computer system of claim 15, wherein the first current is a current between phases of delta configured three phase power delivered to the EV charging station.
4. The computer-implemented method of claim 1, wherein the first current is a current of split phase power delivered to the EV charging station.
18. The computer system of claim 15, wherein the first current is a current of single phase power delivered to the EV charging station.
19. The computer system of claim 16, wherein the first current is a current of single phase power delivered to the EV charging station.
19. The computer system of claim 15, wherein the first reference component comprises: an output or load of an energy storage component; a heater; a pump; or a charging head.
1. A computer-implemented method for determining whether a component in an electric vehicle (EV) charging station is operating properly, the method comprising: measuring, via an EV charging station controller, a first current, wherein the first current is a current corresponding to an input to the EV charging station; measuring, via EV charging station controller, a current of a first reference component; measuring, via the EV charging station controller, a current of a second reference component; determining, via the EV charging station controller, a summed current by summing the current of the first reference component and the current of the second reference component; determining, via the EV charging station controller, a remaining current by subtracting the summed current from the first current; and applying, via the EV charging station controller, a comparison rule to the remaining current to determine an operational status of the component.
6. The computer-implemented method of claim 1, wherein the first reference component comprises: an output or load of an energy storage component; a heater; a pump; or a charging head.
20. The computer system of claim 15, wherein the instructions, when executed, further cause the computer system to: determine a summed current by summing the current of the first reference component and the current of the second reference component; and determine a remaining current by subtracting the summed current from the first current; and wherein the instructions, when executed, further cause the computer system to determine the operational status by: determining that the remaining current is positive; and if the remaining current is positive, set a comparison rule according to a minimal on factor.
16. A computer system for determining whether a component in an electric vehicle (EV) charging station is operating properly, the system comprising: one or more processors; and a non-transitory program memory communicatively coupled to the one or more processors and storing executable instructions that, when executed by the one or more processors, cause the computer system to: measure a first current, wherein the first current is a current corresponding to an input to the EV charging station; measure a current of a first reference component; measure a current of a second reference component; determine a summed current by summing the current of the first reference component and the current of the second reference component; determine a remaining current by subtracting the summed current from the first current; and apply a comparison rule to the remaining current to determine an operational status of the component.
20. The computer system of claim 16, wherein the instructions, when executed, further cause the processor to apply the comparison rule by: determining that the remaining current is positive; and if the remaining current is positive, set the comparison rule according to a minimal on factor.
Response to Arguments
Applicant's arguments filed 06/24/2026 have been fully considered but they are not persuasive.
First, regarding the double patenting rejections, while applicant has amended the claims, the claims as amended are still rejected with double patenting rejections. In the remarks, Applicant states they were submitting a terminal disclaimer concurrently herewith this response, but as of this action, there is no such terminal disclaimer filed.
In response to the previously made 101 rejections, due to Applicant’s amendment of the claims, Examiner is withdrawing the previous 101 rejections.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KERRI L MCNALLY whose telephone number is (571)270-1840. The examiner can normally be reached Monday-Friday, 7:00 am - 3:30 pm.
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/KERRI L MCNALLY/Primary Examiner, Art Unit 2686
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