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 Claims
This office action is in response to application number 18/917,792 filed on 4/27/2026, in which
Claims 1-20 are presented for examination. Applicant amends Claims 1, 8-9, and 16-17.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 10/28/2024, 12/30/2024, 03/06 have been received and considered by the examiner, except where lined through. Specifically, foreign reference fifteen, WO-2019174949-A1 was not considered because it is a duplicate reference of foreign reference fourteen. It has been placed in the application file, but the information referred to therein has not been considered.
Response to Arguments
Applicant’s arguments, see pg. 10, filed 4/27/2026, with respect to the objection to the drawings have been fully considered and are persuasive. The objection to the drawings set forth in the office action of 1/28/2026 has been withdrawn.
Applicant’s arguments, see pg, filed 4/27/2026, with respect to the objection and specification have been fully considered and are persuasive. The objection of 1/28/2026 have been withdrawn.
Applicant’s arguments, see pg, filed 4/27/2026, with respect to the have been fully considered but are not persuasive. The double patenting rejection of 1/28/2026 is maintained.
Applicant’s arguments, see pgs. 11-14, filed 4/27/2026, with respect to the rejection of Claims 1-20 under 35 U.S.C. 101 have been fully considered but are not fully persuasive. However, the rejection is addressed with the Examiner’s Amendment below and therefore, the rejection of Claims 1-20 under 35 U.S.C. 101 set forth in the office action of 1/28/2026 is withdrawn. Further details are provided below.
Applicant’s arguments, see pgs. 4-9 and 14-16, filed 4/27/2026, with respect to the rejection of Claims 1-20 under 35 U.S.C. 103 have been fully considered and are persuasive. Applicant recites what is discussed in Shaffer and Logvinov. Applicant references the proposed amendments discussed in the interview of 4/23/2026, stating that the official amendments correspond to the proposed amendments discussed in the interview and as agreed in the interview the amendments overcome the cited prior art, specifically Logvinov. Applicant further states that the independent Claims 1, 9, and 17 are overcome for the same reasons and dependent Claims 2-8, 10-16, and 18-20 are overcome based on their dependency to the respective independent claims. Examiner agrees that the cited prior art does not discuss the amended language of Claim 1, which recites using home telematics to determine that a home is available for charging based on a home occupancy preference and a current status that the home is occupied. Therefore, the rejection of Claims 1-20 under 35 U.S.C. 103 of 1/28/2026 is withdrawn and a summary of the allowable subject matter is provided below.
Examiner's Amendment
The amendments filed by applicant 4/27/2026 have been considered and entered, and the following Examiner’s amendments are in addition to the above noted Applicant’s amendments. Should the changes and/or additions be unacceptable to applicant, an amendment may be filed as provided by 37 CFR 1.312. To ensure consideration of such an amendment, it MUST be submitted no later than the payment of the issue fee.
Authorization for this examiner’s amendment was given in an interview with Nicholas P. Beulick (Reg No. 78073) on 6/23/2026 (see attached interview summary). The application has been amended as follows:
Claim 1. (currently amended) A computer system for managing charging of an electric vehicle based upon home telematics data, the computer system comprising:
at least one memory with instructions stored thereon; and
at least one processor in communication with the at least one memory, wherein the instructions, when executed by the at least one processor, cause the at least one processor to:
receive the home telematics data associated with a plurality of homes that are within a vicinity of the electric vehicle and are configured to charge electric vehicles;
determine availability of the plurality of homes to charge the electric vehicle based upon the home telematics data;
select a home of the plurality of homes to charge the electric vehicle based at least in part upon the availability of the selected home, wherein the home telematics data associated with the selected home comprises a home occupancy preference that the selected home be occupied during charging of electric vehicles at the selected home and indicates that the selected home is currently occupied;
schedule a charging time for the electric vehicle at the selected home based at least upon the home occupancy preference and the selected home being occupied; and
control the electric vehicle to route to the selected home based at least in part upon transmitting a notification associated with the selected home and the charging time to the electric vehicle.
Claim 8. (canceled)
Claim 9. (currently amended) At least one non-transitory computer-readable storage medium with instructions stored thereon for managing charging of an electric vehicle based upon home telematics data, wherein the instructions, in response to execution by at least one processor, cause the at least one processor to:
receive the home telematics data associated with a plurality of homes that are within a vicinity of the electric vehicle and are configured to charge electric vehicles;
determine availability of the plurality of homes to charge the electric vehicle based upon the home telematics data;
select a home of the plurality of homes to charge the electric vehicle based at least in part upon the availability of the selected home, wherein the home telematics data associated with the selected home comprises a home occupancy preference that the selected home be occupied during charging of electric vehicles at the selected home and indicates that the selected home is currently occupied;
schedule a charging time for the electric vehicle at the selected home based at least upon the home occupancy preference and the selected home being occupied; and
control the electric vehicle to route to the selected home based at least in part upon transmitting a notification associated with the selected home and the charging time to the electric vehicle.
Claim 16. (canceled)
Claim 17. (currently amended) A computer-implemented method for managing charging of an electric vehicle based upon home telematics data, the computer-implemented method implemented by at least one processor in communication with at least one memory, the computer-implemented method comprising:
receiving the home telematics data associated with a plurality of homes that are within a vicinity of the electric vehicle and are configured to charge electric vehicles;
determining availability of the plurality of homes to charge the electric vehicle based upon the home telematics data;
selecting a home of the plurality of homes to charge the electric vehicle based at least in part upon the availability of the selected home, wherein the home telematics data associated with the selected home comprises a home occupancy preference that the selected home be occupied during charging of electric vehicles at the selected home and indicates that the selected home is currently occupied;
scheduling a charging time for the electric vehicle at the selected home based at least upon the home occupancy preference and the selected home being occupied; and
controlling the electric vehicle to route to the selected home based at least in part upon transmitting a notification associated with the selected home and the charging time to the electric vehicle.
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 1-3, 5; 9, 11, 13-14; and 17-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over Claims 16, 19; 1, 5-6; 20 of U.S. Patent No. US-12,145,469-B1, respectively. Although the claims at issue are not identical, they are not patentably distinct from each other because both teach a system, a medium, and a method for identifying a plurality of homes within a vicinity of and capable of charging an electric vehicle, where a home is selected based on a determined availability, a rank, and variety of factors, and a charging time is scheduled based on a home occupancy, where the time and a new route are transmitted to the electric vehicle.
Underlined portions of claim text represents different claim language and italicized portions of claim text represents claim language that is not identical, but conveys the same meaning.
Current Application
U.S. Patent No. US-12,145,469-B1
Claim 1
A computer system for managing charging of an electric vehicle, the computer system comprising:
at least one memory with instructions stored thereon; andat least one processor in communication with the at least one memory, wherein the instructions, when executed by the at least one processor, cause the at least one processor to:
receive home telematics data associated with a plurality of homes that are within a vicinity of the electric vehicle and are configured to charge electric vehicles;
determine availability of the plurality of homes to charge the electric vehicle based upon the home telematics data;
select a home of the plurality of homes to charge the electric vehicle based at least in part upon the availability of the selected home, wherein the home telematics data associated with the selected home comprises a home occupancy preference that the selected home be occupied during charging of electric vehicles at the selected home and indicates that the selected home is currently occupied;
schedule a charging time for the electric vehicle at the selected home based at least upon the home occupancy preference and the selected home being occupied; and
transmit a notification associated with the selected home and the charging time to the electric vehicle.
Claim 16
A computer system for recharging a battery of an electric vehicle with a low state of charge (SOC), the system comprising:
a network; the electric vehicle operatively coupled to the network; a plurality of potential charging locations operatively coupled to the network; and a server operatively coupled to the network, the server comprising a controller configured to: determine the electric vehicle has a state in response to the determination that the SOC is below the predetermined threshold,
determine a plurality of homes capable of charging electric vehicles within a vicinity of a GPS location of the low SOC vehicle; of charge (SOC) below a predetermined threshold;
rank the plurality of homes based upon various factors;
determine availability of the plurality of homes to charge the low SOC vehicle; and
schedule a rendezvous time for the low SOC vehicle with a selected home of the plurality of homes, wherein the selected home is, from among homes of the plurality of homes both capable of charging the low SOC vehicle and available to charge the low SOC vehicle, a home with the highest rank, and wherein the rendezvous time satisfies a home occupancy preference for the selected home, the home occupancy preference being one of the selected home being occupied or unoccupied.
Claim 3
The computer system of Claim 1, wherein the instructions further cause the at least one processor to rank the plurality of homes based upon a plurality of factors.
Claim 5
The computer system of Claim 3, wherein the instructions further cause the at least one processor to select the selected home further based at least in part upon a rank of the selected home.
Claim 2
The computer system of Claim 1, wherein the vicinity comprises a predefined distance.
Claim 19
19. The computer system of claim 16, wherein the vicinity is defined as a determined distance that the electric vehicle is capable of driving, based upon the SOC remaining in the electric vehicle.
Every limitation in Claims 1-3 and 5 of the current application are made obvious by Claims 16 and 19 of U.S. Patent No. US-12,145,469-B1, and therefore, Claims 1-3 and 5 are rejected on the ground of nonstatutory double patenting.
Current Application
U.S. Patent No. US-12,145,469-B1
Claim 9
At least one non-transitory computer-readable storage medium with instructions stored thereon for managing charging of an electric vehicle, wherein the instructions, in response to execution by at least one processor, cause the at least one processor to:
receive home telematics data associated with a plurality of homes that are within a vicinity of the electric vehicle and are configured to charge electric vehicles;
determine availability of the plurality of homes to charge the electric vehicle based upon the home telematics data;
select a home of the plurality of homes to charge the electric vehicle based at least in part upon the availability of the selected home, wherein the home telematics data associated with the selected home comprises a home occupancy preference that the selected home be occupied during charging of electric vehicles at the selected home and indicates that the selected home is currently occupied;
schedule a charging time for the electric vehicle at the selected home based at least upon the home occupancy preference and the selected home being occupied; and
transmit a notification associated with the selected home and the charging time to the electric vehicle.
Claim 20
At least one non-transitory computer readable storage medium with instructions stored thereon, the instructions causing, in response to execution by at least one processor, the at least one processor to:
determine a low state of charge (SOC) vehicle, the low SOC vehicle having an SOC below a predetermined threshold;
in response to determining that the SOC is below the predetermined threshold, determine a plurality of homes capable of charging electric vehicles within a vicinity of a GPS location of the low SOC vehicle;
rank the plurality of homes based upon various factors;
determine availability of the plurality of homes to charge the low SOC vehicle;
schedule a rendezvous time for the low SOC vehicle with a selected home of the plurality of homes, wherein the selected home is, from among homes of the plurality of homes both equipped to charge the low SOC vehicle and available to charge the low SOC vehicle, a home with the highest rank, and wherein the rendezvous time satisfies a home occupancy preference for the selected home, the home occupancy preference being one of the selected home being occupied or unoccupied;
generate route information from a location of the low SOC vehicle to the selected home;
and cause the route information to be transmitted to the low SOC vehicle.
Claim 11
The at least one non-transitory computer-readable storage medium of Claim 9, wherein the instructions further cause the at least one processor to rank the plurality of homes based upon a plurality of factors.
Claim 13
The at least one non-transitory computer-readable storage medium of Claim 11, wherein the instructions further cause the at least one processor to select the selected home further based at least in part upon a rank of the selected home.
Claim 14
The at least one non-transitory computer-readable storage medium of Claim 9, wherein the instructions further cause the at least one processor to: generate route information from a location of the electric vehicle to the selected home; andcause the route information to be transmitted to the electric vehicle.
Every limitation in Claims 9, 11, and 13-14 of the current application are made obvious by Claim 20 of U.S. Patent No. US-12,145,469-B1, and therefore, Claims 9, 11, and 13-14 are rejected on the ground of nonstatutory double patenting.
Current Application
U.S. Patent No. US-12,145,469-B1
Claim 17
A computer-implemented method for managing charging of an electric vehicle, the computer-implemented method implemented by at least one processor in communication with at least one memory, the computer-implemented method comprising:
receiving home telematics data associated with a plurality of homes that are within a vicinity of the electric vehicle and are configured to charge electric vehicles;
determining availability of the plurality of homes to charge the electric vehicle
based upon the home telematics data;
selecting a home of the plurality of homes to charge the electric vehicle based at least in part upon the availability of the selected home, wherein the home telematics data associated with the selected home comprises a home occupancy preference that the selected home be occupied during charging of electric vehicles at the selected home and indicates that the selected home is currently occupied;
scheduling a charging time for the electric vehicle at the selected home based at least upon the home occupancy preference and the selected home being occupied; and
transmitting a notification associated with the selected home and the charging time to the electric vehicle.
Claim 1
A computer-implemented method for charging a battery of an electric vehicle with a low state of charge (SOC), the method being implemented via one or more processors, transceivers, servers, or sensors, any of which may be local or remote, the method comprising:
determining, via the one or more processors, the electric vehicle has a state of charge (SOC) below a predetermined threshold;
in response to determining that the SOC is below the predetermined threshold, determining, via the one or more processors, a plurality of homes capable of charging electric vehicles within a vicinity of a GPS location of the low SOC vehicle;
ranking, via the one or more processors, the plurality of homes based upon various factors;
determining, via the one or more processors, availability of the plurality of homes to charge the low SOC vehicle;
scheduling, via the one or more processors, a rendezvous time for the low SOC vehicle with a selected home of the plurality of homes, wherein the selected home is, from among homes of the plurality of homes both equipped to charge the low SOC vehicle and available to charge the low SOC vehicle, a home with the highest rank, and wherein the rendezvous time satisfies a home occupancy preference for the selected home, the home occupancy preference being one of the selected home being occupied or unoccupied;
generating, via the one or more processors, route information from a location of the low SOC vehicle to the selected home; and
causing, via the one or more processors, the route information to be transmitted to the low SOC vehicle.
Claim 20
The computer-implemented method of Claim 17, further comprising:generating route information from a location of the electric vehicle to the selected home; andincluding the route information in the notification.
Claim 19
The computer-implemented method of Claim 17, further comprising ranking the plurality of homes based upon a plurality of factors, the plurality of factors for each respective home of the plurality of homes including at least one of a distance between the electric vehicle and the respective home, charging equipment of the respective home, neighborhood of the respective home, ease of access to the respective home, or whether the respective home is located along a route of the electric vehicle.
Claim 6
The computer-implemented method of claim 1, wherein each of the homes capable of charging electric vehicles within the vicinity of the GPS location of the low SOC vehicle is ranked based upon distance of the home to the low SOC vehicle; charging equipment of the home; neighborhood of the home; ease of access to the home; and/or whether the home is located along a route of the low SOC vehicle.
Claim 18
The computer-implemented method of Claim 17, wherein the vicinity comprises a predefined distance.
Claim 5
The computer-implemented method of claim 1, wherein the vicinity is defined as a determined distance that the electric vehicle is capable of driving, based upon the SOC remaining in the electric vehicle.
Every limitation in Claims 17-20 of the current application are made obvious by Claims 1 and 5-6 of U.S. Patent No. US-12,145,469-B1, and therefore, Claims 17-20 are rejected on the ground of nonstatutory double patenting.
Allowable Subject Matter
Claims 1-7, 9-15, and 17-20 contain allowable subject matter.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP §707.07(a).
The following is a statement of reasons for the indication of allowable subject matter:
The arts of record, especially Logvinov, WO-2018/156732-A1, and Schaffer, PG Pub US-2020/0317077-A1, do not singularly or in combination disclose the computer system, including a memory and a processor, non-transitory computer-readable medium, and method for receiving home telematics data associated with a plurality of homes within a vicinity of an electric vehicle and configured to charge electric vehicles, determining based on the home telematics data the availability of the plurality of homes, selecting a home of the plurality homes to charge the electric vehicle based on the availability, wherein the home telematics data includes a home occupancy preference that the selected home is occupied during charging and indicates that the selected home is currently occupied, scheduling a charging time for the electric vehicle at the selected home based on the home occupancy preference and the selected home being currently occupied, and controlling the electric vehicle to route to the selected home based at least in part on transmitting a notification associated with the selected home and the charging time to the electric vehicle, as recited in independent Claims 1, 9, and 17.
The uniqueness of the claimed invention is, as recited in Claims 1, 9, and 17, that the availability is determined based on a home occupancy preference that the selected home is occupied during charging.
Logvinov being one of the closest prior arts discloses a method and apparatus for charging a battery of an electric vehicle, including determining a power charging schedule for charging from a microgrid using a charging preference and power consumption information, including a vehicle controller for communicating with the microgrid network to receive information on charger availability from a home’s smart meter, where the availability includes a preference that a homeowner is not home during use of their home charger, and transmitting a request for charging at the available home.
Schaffer being one of the closest prior arts discloses methods and apparatuses for managing charging of an electric vehicle by generating a request for charging when a ratio, of a remaining trip distance to a remaining expected range of the electric vehicle, is exceeded by a threshold.
However, there are no teachings in Logvinov and Schaffer pertaining to the claimed determining the availability of a home based on a home occupancy preference that the selected home is occupied during charging.
Therefore, the allowable subject matter found in the claims that has not been found to have been taught or disclosed in the prior art found at this time is all the claimed limitations of independent Claims 1, 9, and 17. All the dependent claims, Claims 2-7, 10-15, and 18-20, also contain allowable subject matter by virtue of their dependency on their base claim.
Therefore, Claims 2-7, 10-15, and 18-20 would be allowable by dependency on Claims 1, 9, and 17, respectively.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Reference B, Hansen et al., PG Pub US-2017/0299402-A1, discusses a method for incorporating a new waypoint into a current trip including using a telematics unit and display for alerting a user of new waypoints and POI along a route, including recharging stations that can be reserved by the scheduler.
Reference C, Miller et al., PG Pub US-2017/0168493-A1, discusses an autonomous electric vehicle used for transporting passengers or cargo that can follow a generated route, including to charging stations, where the charging station is selected based on requirements such has projected remaining charge.
THIS ACTION IS MADE FINAL. 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 ERIN MARIE HARTMANN whose telephone number is (571)272-5309. The examiner can normally be reached M-F 7-5.
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, Kito Robinson can be reached at (571) 270-3921. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/E.M.H./Examiner, Art Unit 3664
/KITO R ROBINSON/Supervisory Patent Examiner, Art Unit 3664
Prosecution Insights