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.
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, 9, 11-14, and 16-20 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.
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.
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.
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.
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.
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.
12. The non-transitory computer-readable storage medium of claim 11, 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.
13. The non-transitory computer-readable storage medium of claim 11, 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.
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.
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.
17. The computer system of claim 16, 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.
18. The computer system of claim 16, wherein the first current is a current between phases of delta configured three 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.
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 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claims recite abstract ideas (measurement and evaluative determination) and does not integrate them into a practical application. The recited “EV charging station controller” and measurement steps, without a specific technical improvement or control action, do not add “significantly more.”
Specifically, in claims 1, 9, and 15, the limitations of 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 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 recite abstract ideas (measurement and evaluative determination) and does not integrate them into a practical application. Measuring current and calculating operational status without a specific, non-routine technological improvement is ineligible under 35 U.S.C. 101. The addition of a non-transitory computer-readable storage medium in claim 9 and one or more processors and non-transitory program memory in claim 15 are generic computer components that do not add a specific, non-routine technological improvement.
Claims 2-5, 10-12, and 16-18 merely specify the type of current measured and do not add a specific, non-routine technological improvement.
Claims 6, 13, and 19 merely specifies the reference component and does not add a specific, non-routine technological improvement.
Claims 7, 14, and 20 recites determining a summed current, determining a remaining current, wherein the determining the operational status comprises applying a comparison rule to the remaining current by determining that the remaining current is positive and in response to the remaining current is positive, setting the comparison rule according to a minimal on factor and does not add a specific, non-routine technological improvement.
Claim 8 recites determining a summed current, determining a remaining current, wherein determining the operational status comprises applying a comparison rule to the remaining current to determine the operational status by determining that the remaining current is negative and setting the comparison rule to a negative remaining current factor and does not add a specific, non-routine technological improvement.
Conclusion
There are no prior art rejections of claims 1-20; however, they are not allowable due to the double patenting rejections and 101 rejections as discussed above.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US 2023/0143398 (Ito et al.) discloses an e-fleet aggregator and method of controlling an EV charger;
US 2023/0117226 (Kerdelhue) discloses an automobile vehicle fast charging device;
US 2019/0070970 (Chan et al.) discloses distributing power for electric vehicle chargers;
US 2016/0341798 (Fetzer et al.) discloses determining efficiency of battery modules;
US 2016/0137082 (Jeffries et al.) discloses an add-on adapter enables a single charging port of a electric vehicle charger station to simultaneously charge two vehicles;
US 2013/0346010 (Schultz) discloses electric vehicle charger testing systems.
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/KERRI L MCNALLY/Primary Examiner, Art Unit 2686