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 .
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 1-24 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more. Claims 1-24 are directed to “a storage to store a computer program to control an operation of the processor; wherein the processor is configured or programmed to execute the computer program to: ..…”.
The claims do not include additional elements that are sufficient to amount to significantly more than the judiciary exception because the generally cited computer elements do not add a meaningful limitation to the abstract idea because they would be routine in any computer implementation.
Please also note that much of the language following certain terms, such as “for remedying”, “for preventing”, “for implementing”, “to determine”, or “to perform”, would be interpreted as intended use. Additionally, the term “computer-readable medium” is normally preferred to be listed as a “non-transitory computer-readable medium”, so that it would clearly be identified as a tangible device or tangible computer or tangible processor.
Wherein, the phrase “non-transitory computer readable media including computer programs” is disclosed in the specification filed on 10/28/2024, see para [0002, 0008, 0054, 0068, 0218, 0264, 0278].
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 6, 8, 12 and 24 recite the phrase "about" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1, 5-7, 9, 13-17, 20-24 are rejected under 35 U.S.C. 103 as being unpatentable over Miwa et al [US 2024/0262376]
Claim 1. A notification system for issuing a notification urging a user to charge a battery of an electric vehicle (the driver assistance system provide a notification for a user U to charge or recharge a battery 7 and for adjusting the speed of electric vehicle 2 by the notification unit 24, see Fig. 1, abstract, para [0004, 0010, 0031, 0048, 0094, 0128]) the notification system comprising:
a processor (the first processor 20 and second processor, 40, see Figs. 2, 3, para [0046, 0059]); and
a storage to store a computer program to control an operation of the processor (the first memory 21 and second memory 41, see Fig. 2, para [0047, 0059]); wherein
acquire positional information representing a current position of the electric vehicle (the driver assistance processor 20 acquires and receiving information about a current position of vehicle 2, see para [0031, 0043, 0048]), and
battery remaining capacity information representing a battery remaining capacity of the
battery (the current remaining charged amount of the battery 7, see para [0031, 0032, 0048]). But
Miwa et al fails to disclose the processor is configured or programmed to execute the computer program to: acquire first border information representing a first border between a first area, encompassing a predetermined point where the battery is chargeable, and an area outward of the first area. However,
Miwa et al teaches when the vehicle stops at an intersection or a road shoulder), in response to receiving the map request from the terminal device 6, the assistance server 4 calculates an open road cruising range as the cruising range in a case where the vehicle 2 travels on an open road and also calculates the expressway cruising range as the cruising range in a case where the vehicle 2 travels on a nearest expressway from the current position, in other words, an expressway into which the vehicle 2 can enter from a nearest entrance. The display example of the open road reach range and the expressway reach range on the terminal device 6 serving as a smartphone. An open road reach range 72 is, for example, a range of a closed region obtained by connecting farthest reachable positions along each travel route based on the current position (position indicated by a vehicle icon 71) of the vehicle 2. An expressway reach range 73 is a linear range along the expressway from the current position to an arrival point on the expressway at which the vehicle 2 can finally reach after the vehicle 2 enters the nearest expressway and travels in the expressway cruising range. As illustrated in FIG. 8, the open road reach range 72 and the expressway reach range 73 are displayed in a superimposed manner on a map 70, for example, on the terminal device 6 of the vehicle’s driver/user (see Figs. 1-3, 8, para [0032, 0034, 0067]).
Therefore, it would have been obvious to one skill in the art to recognize that the request and receiving map including border as the shaded area 72 and an icon 71 indicating a current position of vehicle 2 from the farthest reachable positions along each travel route and to the point nearest expressway or express cruising range 73 is similarly to the determination of border information and predetermined point for a vehicle to charge or recharge a low charged battery.
Miwa et al fails to disclose in a case it is determined that the electric vehicle is inside the first area and that the battery remaining capacity is not larger than a first threshold value based on the first border information, the positional information, and the battery remaining capacity information, issue a first notification via a notifier urging the user to charge the battery. However,
Miwa et al discloses the technique for calculating a reference charged amount required for an electric vehicle to reach a set destination and providing a user with a notification for prompting the user to charge a battery in a case where the reference charged amount is less than a remaining charged amount of the battery, see para [0004]).
The driver assistance system 1 starts an operation upon triggered by the assistance server 4 receiving an assistance request from the user U via the terminal device 6. The assistance server 4 is composed of a computer. Upon receiving the assistance request, the assistance server 4 collects information about a current position of the vehicle 2, a current remaining charged amount of the battery 7, which is less than a predetermined threshold, electricity consumption characteristics, and the like from the information provision apparatus 3 mounted on the vehicle 2. In response to receiving a map request from the terminal device 6 while the vehicle 2 stops, the assistance server 4 calculates a cruising range as a distance at which the vehicle 2 can travel with the current remaining charged amount, and calculates a reachable range as a reachable position range within the cruising range from the current position of the vehicle 2. (see abstract, Figs. 1-6, 8, para [0010, 0031, 0032]).
Therefore, it would have been obvious to one skill in the art to recognize that the vehicle processes to provide a notification indicating a current battery remaining charged amount less than a predetermined threshold then assisting to adjust the vehicle speed and selecting of end point or nearest point of the expressway to a charging station for charging or recharging the battery before the battery deletion of charges and to cause dead of the driving vehicle.
Claim 5. The notification system of claim 1, wherein at least a portion of the first border is spaced away from the predetermined point by a first distance (the border map 70 includes information presentation unit displays an open road reach range 72 and an expressway reach range 73 such that an end point of the expressway reach range 73 in a case where the expressway is used is located closer to the current position of the vehicle 2 than an outer edge of the open road reach range 72 in a case where the open road is used, see abstract, Fig. 8, para [0017, 0034, 0035, 0083]).
Claim 6. The notification system of claim 5, wherein the first distance is about 50 meters or longer and about 200 meters or shorter (as cited in respect to claim 5 above, it is obvious to one skill in the art to recognize that the expressway reach range 73 is used to located closer to the current position of the vehicle 2 than the outer edge or border of the open road reach range 72, which may be at least 50 meters or longer, see Fig. 8, para [0034, 0035]).
Claim 7. The notification system of claim 5, wherein the first border defines a circle centered around the predetermined point on a map (see the shaded border circle 72 having center vehicle 71 and road range end points and/or arrival point on the map 70, see Fig. 8, see para [0034, 0035, 0087, 0089]).
Claim 9. Miwa et al fails to disclose wherein the processor is configured or programmed to: acquire second border information representing a second border located along an outer perimeter of a second area enclosing the first area; and in a case it is determined that the electric vehicle has passed a position of the second border into an area outward of the second area from the second area, issue a second notification via the notifier urging the user to move the electric vehicle to the predetermined point. However,
Miwa et al teaches that the information presentation unit 58 calculates an arrival point on the expressway where the vehicle 2 can finally reach after entering the nearest expressway from the current position and traveling on the expressway cruising range based on the expressway cruising range calculated by the calculation unit 57. A linear range along the expressway leading to the arrival point is set as the expressway reach range. In this case, if the expressway includes a junction, there is an arrival point where the vehicle 2 can finally reach on the branched respective expressways. In this case, the expressway reach range can be a spider-web-like range (so-called a spider map) including an expressway portion extending in different directions from the junction, see Fig. 8, para [0087, 0092]).
Therefore, it would have been obvious to one skill in the art to recognize that the information presentation is functional as the claim limitations, wherein it is capable of calculating and providing a second border information such as the other expressway portion in different directions shown in dark lines 73 from the vehicle 71 with different distance/range on the border map, see Fig. 8.
Claim 13. The notification system of claim 1, wherein the notifier is included in a mobile terminal device (the notification unit 45 of a cellular phone 6, see Fig. 1); and the electric vehicle and the mobile terminal device communicate with each other by wireless communication (the wireless communication network 5, see Fig. 1).
Claim 14. The notification system of claim 1, wherein the processor and the storage are included in a mobile terminal device (the processor 40, see Fig. 3); and the battery remaining capacity information is sent from the electric vehicle to the mobile terminal device by wireless communication (as cited in respect to claim 1 above, see Figs. 1-4).
Claim 15. The notification system of claim 1, wherein the notifier includes a display (the display 44, see Fig. 3); and the processor is configured or programmed to cause the display to display at least one of a letter or a graphic pattern as the first notification urging the user to charge the battery (as discussed in respect to claim 1 above, and see Figs. 3-6).
Claim 16. The notification system of claim 1, wherein the notifier includes a sound production component (the speaker 33, see Fig. 3); and the processor is configured or programmed to cause the sound production component to output a sound as the first notification urging the user to charge the battery (as the discussion in respect to claim 1 above, and see Fig. 3).
Claim 17. The notification system of claim 1, wherein the predetermined point is a point where a charging device to charge the battery is located (as discussed in respect to claim 1 above, wherein the vehicle’s battery is charged at the selected or predetermined charging station or charging point).
Claim 20. A notification method for issuing a notification to urge a user to charge a battery of an electric vehicle, the notification method being executable by at least one computer and comprising: acquiring first border information representing a first border between a first area, encompassing a predetermined point where the battery is chargeable, and an area outward of the first area; acquiring positional information representing a current position of the electric vehicle and battery remaining capacity
information representing a battery remaining capacity of the battery; and in a case where it is determined that the electric vehicle is located inside the first area and that the battery remaining capacity is not larger than a first threshold value based on the
first border information, the positional information, and the battery remaining capacity information, issuing a first notification via a notifier urging the user to charge the
battery (as discussed in respect to the apparatus claim 1 above, see Figs. 1-4 and 8).
Claim 21. A notification system for issuing a notification about a battery of an electric vehicle to a user, the notification system comprising: a processor; and a storage to store a computer program to control an operation of the processor; wherein the processor is configured or programmed to execute the computer program to: acquire border information representing a border located along an outer perimeter of a predetermined area enclosing a predetermined point where the battery is chargeable, and positional information representing a current position of the electric vehicle; and in a case it is determined that the electric vehicle has passed a position of the border into an area outward of the predetermined area from the predetermined area based on the border information and the positional information, issue a notification via a notifier urging the user to move the electric vehicle to the predetermined point (as discussed in respect to the apparatus claim 1 above, see Figs. 1-4 and 8, wherein the predetermined point is a predetermined or preselected charging station for charging of a low battery).
Claim 22. The notification system of claim 21, wherein the processor is configured or programmed to: acquire battery remaining capacity information representing a battery remaining capacity of the battery; calculate, based on the battery remaining capacity, a
distance-to-empty by which the electric vehicle is able to travel with an output current from the battery; and set the position of the border such that a distance between
the predetermined point and the border is shorter than the distance-to-empty (as discussed in claims 1 and 9 above, wherein the calculating expressway range/distance to the charging point or station is shorter than the distance to the border or perimeter on the map 70 so that the vehicle battery is continued traveling before empty charged battery, see Fig. 8).
Claim 23. Miwa et al fails to disclose wherein the processor is configured or programmed to change the position of the border in accordance with a change in the battery remaining capacity. However,
Miwa et al teaches that on the other hand, in step S204, if the destination information is included (YES in step S204), the information presentation unit 58 determines whether the vehicle 2 can reach the destination with the current remaining charged amount (S210). If the vehicle 2 can reach the destination with the current remaining charged amount by adjusting the vehicle speed (YES in step S210), the information presentation unit 58 instructs the terminal device 6 to output a second message to inform the user U of the upper-limit vehicle speed at which the vehicle 2 can reach the destination (S212). In response to this, the terminal device 6 outputs, for example, the second message from the speaker 33 and/or on the display screen of the touch panel 32 as an audio message and/or a text message as a push notification. After that, the information presentation unit 58 shifts the processing to step S208.
[0117] On the other hand, in step S210, if it is determined that the vehicle 2 cannot reach the destination with the current remaining charged amount even by adjusting the vehicle speed (NO in step S210), the information presentation unit 58 instructs the terminal device 6 to output a warning message such as a message “the vehicle cannot reach the destination with the current remaining charged amount” (S214), and then shifts the processing to step S208, sees Fig. 6, 8.
Therefore, it would have been obvious to one skill in the art to recognize that the determination of adjusting the speed of vehicle to a destination or not reach to the destination based on the current remaining charged amount is functionally equivalent to the claim limitations of changing the position of border in accordance with a change in the battery remaining capacity because the adjusting speed of traveling vehicle to a destination or not is indicating that the vehicle is arriving at position of the expressway range/distance on the border of a map shown in Fig. 8.
Claim 24. The notification system of claim 22, wherein the processor is configured or programmed to set the position of the border such that the distance between the predetermined point and the border is at least about 0.3 times and at most about 0.7
times the distance-to-empty (as discussed in claim 23 above, it would have been obvious to one skill in the art to recognize that the vehicle position changes to expressway range/distance should be lesser than such 0.3 time and/or 0.7 time range or distance before arriving the predetermined charging station or point in order to prevent of a dead battery and immobile the vehicle.
Claims 2-4 are rejected under 35 U.S.C. 103 as being unpatentable over Miwa et al [US 2024/0262376] in view of Ueda [US 2016/0159241]
Claim 2. Miwa et al fails to disclose in a case it is determined that the electric vehicle has passed a position of the first border into the first area from the area outward of the first area and that the battery remaining capacity is not larger than the first threshold value, the processor is configured or programmed to issue the first notification. However, Miwa et al discloses the information presentation unit 58 determines whether the current remaining charged amount is less than a threshold (e.g., less than full-charged amount of 20%) at a predetermined time interval based on the information about the current vehicle speed, the current remaining charged amount, and the electricity consumption characteristics acquired by the calculation unit 57 from the information provision apparatus 3 of the vehicle 2 (see Figs. 1, 4, para [0094, 0095]).
Ueda suggests that in step S507, the control unit 110 determines whether the predicted remaining battery amount E.sub.bat predicted (or estimated) in step S505 is smaller than the predetermined threshold E.sub.3. Then, in step S507, when it is determined that the predicted remaining battery amount E.sub.bat is smaller than the predetermined threshold E.sub.3, the process ends. Meanwhile, in step S507, when it is determined that the predicted remaining battery amount E.sub.bat is equal to or larger than the predetermined threshold E.sub.3, the routine returns to step S503. At this time, in step S503, the control unit 110 specifies the next main crossroad or the point IC, SA, or PA as the predicted passage point existing at the front side of the current vehicle traveling direction from the given predicted passage point on the traveling route on the basis of the information of the traveling route obtained in step S502 (see Figs. 3, 4, 8, para [0097]).
Therefore, it would have been obvious to one skill in the art before the effective filing date of the invention to implement or use the vehicle passing through the next main crossroad or the points while the predicting of remaining battery is equal to the predetermined threshold of Ueda to the information presentation to provide notification of charge the vehicle’s battery traveling throughout a border of area or region of Miwa et al so that when the vehicle is driving on traveling routes to passing the area or region with a current remaining charging level to prevent of disabling the vehicle or immobile the vehicle.
Claim 3. The notification system of claim 2, wherein, in a case it is determined that the electric vehicle has passed the position of the first border into the first area from the area outward of the first area and that the battery remaining capacity is larger than the first threshold value, the processor is configured or programmed to not issue the first notification. However,
Miwa et al teaches that when the processing is started, the information presentation unit 58 determines whether the vehicle 2 has entered an expressway (S200). If the vehicle 2 has not entered the expressway (NO in step S200), the information presentation unit 58 determines whether the current vehicle speed of the vehicle 2 exceeds the maximum efficiency vehicle speed in the electricity consumption characteristics (S202). If the current vehicle speed does not exceed the maximum efficiency vehicle speed (NO in step S202), the information presentation unit 58 terminates the message output processing (see Fig. 6, para [0112]).
Ueda suggests that when it is determined that the predicted remaining battery amount E.sub.bat is equal to or larger than the predetermined threshold E.sub.3, the routine returns to step S503. At this time, in step S503, the control unit 110 specifies the next main crossroad or the point IC, SA, or PA as the predicted passage point existing at the front side of the current vehicle traveling direction from the given predicted passage point on the traveling route on the basis of the information of the traveling route obtained in step S502 to obtain traveling route information, (see Figs. 3, 4, 8, para [0097]).
Therefore, it would have been obvious to one skill in the art before the effective filing date of the invention to implement or use the vehicle passing through the next main crossroad or the points while the predicting of remaining battery is larger the predetermined threshold of Ueda to the information presentation to terminate the notification or no notification of charge the vehicle’s battery traveling throughout a border of area or region of Miwa et al for the vehicle continues to traveling on the routes with safety and with a reliable of vehicle’s battery charged status.
Claim 4. The notification system of claim 3, wherein, in a case where the processor does not issue the first notification when the electric vehicle passes the position of the first border but later determines that the battery remaining capacity is decreased to a value not larger than the first threshold value while the electric vehicle is located inside the first area, the processor is configured or programmed to issue the first notification (as the combination between Miwa et al and Namiki in respect to claims 1 and 2 above, such as the notification is generated when the current battery remaining capacity is below or lesser than a predetermined threshold level.
Claims 8, 19 are rejected under 35 U.S.C. 103 as being unpatentable over Miwa et al [US 2024/0262376] in view of Namiki [US 2020/0386561]
Claim 8. Miwa et al fails to disclose wherein the battery remaining capacity is represented by SOC (State of Charge); and the first threshold value is set to an SOC value of about 20% or higher and about 60% or lower. However,
Miwa et al discloses the information presentation unit 58 determines whether the current remaining charged amount is less than a threshold (e.g., less than full-charged amount of 20%) at a predetermined time interval based on the information about the current vehicle speed, the current remaining charged amount, and the electricity consumption characteristics acquired by the calculation unit 57 from the information provision apparatus 3 of the vehicle 2 (see Figs. 1, 4, para [0094, 0095]).
Namiki suggests that the information processing apparatus includes an acquirer that acquires first information indicating a remaining charge of a first battery that is detachably mounted in an electric vehicle and supplies electric power for traveling of the electric vehicle, comprising the correspondence table information 434 is information in which travel distance ranges are associated with SOC ranges. An SOC range is information indicating a range of SOC. The determiner 424 compares a predicted amount of the SOC of the first battery with a replacement threshold th1 with respect to the plurality of charging stations 200 on the travel route, in order of the charging stations closest to the electric vehicle 10. The determiner 424 may determine a charging station 200 for a predicted value of SOC of the first battery predicted by the remaining charge predictor 423 being less than the replacement threshold th1 as a replacement station. The replacement threshold th1 can be arbitrarily set and, for example, is a value set to prevent degradation in the quality of the battery 120. The determiner 424 determines the charging station 200A as a replacement station in a case in which, for example, the SOC of the first battery predicted by the remaining charge predictor 423 is less than the replacement threshold th1 (e.g., th1=30%). In a case that a predicted value SOC.sub.A of the first battery predicted by the remaining charge predictor 423 is higher than or equal to the replacement threshold th1, the determiner 424 determines whether a predicted value SOC.sub.B of the first battery predicted by the remaining charge predictor 423 is less than the replacement threshold th1. The determiner 424 determines the charging station 200B as a replacement station in a case in which the predicted value SOC.sub.B of the first battery is less than the replacement threshold th1 (see Figs. 1, 5, para [0069, 0071]).
Therefore, it would have been obvious to one skill in the art before the effective filing date of the invention to use or implement the information processing apparatus to determine the SOC of battery charge threshold percentage amount of Namiki to the battery information presentation of Miwa et al for assuring and preventing of battery charge deletion or empty and the vehicle battery is charged or recharged at the charging station before the dead of vehicle battery.
Claim 19. Miwa et al fails to disclose wherein the battery is a portable battery detachable from the electric vehicle.
Namiki suggests that the information processing apparatus includes an acquirer that acquires first information indicating a remaining charge of a first battery 100 that is detachably mounted in an electric vehicle 10 and supplies electric power for traveling of the electric vehicle, see abstract, Fig. 2, para [0004, 0008, 0029]).
Therefore, it would have been obvious to one skill in the art before the effective filling date of the invention to substitute the detachably battery mounted in an electric vehicle of Namiki to the battery of electric vehicle of Miwa for quickly getting the full charged battery than just waiting for a long period to charge the low battery.
Claims 18 is rejected under 35 U.S.C. 103 as being unpatentable over Miwa et al [US 2024/0262376] in view of Nakamura [US 2024/01704084]
Claim 18. Miwa et al fails to disclose wherein the electric vehicle is an electrically assisted bicycle including an electric motor supplied with an electric current from the battery to generate assist power. However,
Miwa et al teaches that the electric vehicle is a four-wheels vehicle, see Figs. 1, 8).
Nakamura suggests that the mobile terminal 60 includes a display 624 and a controller 630. The controller 630 controls the display to, when a placement position of at least one power facility 25 is displayed on the map image, display power-rate-related information and the placement position of the at least one power facility 25 on the map image. The at least one power facility 25 supplies electric power to an object having a power storage device mounted thereon, to charge the power storage device. (see abstract, Figs. 1, 3, 7, 9, 11-16).
The vehicle 50 is used as one example of the movable object that can perform external charging. However, the movable object may be another type of electric movable object such as an electric motorcycle, an electric bicycle or an electric scooter (see para [0145]).
Therefore, it would have been obvious to one skill in the art before the effective filing date of the invention to add or implement the charging station to charge the electric vehicle such as an electric motorcycle or an electric bicycle of Nakamura to the charging battery of the electric vehicle of Miwa et al for providing convenience and to extending applications and uses of the charging station to charge electricity to any electric vehicle, electric motor, electric bicycle.
Conclusion
Claims 10-12 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. The prior art fails to teaching and/or suggesting of “the processor is configured or programmed to: calculate, based on the battery remaining capacity, a second distance by which the electric vehicle is able to travel with an output current from the battery; and set the position of the second border such that a third distance between the predetermined point and the second border is shorter than the second distance.”
Any inquiry concerning this communication or earlier communications from examiner should be directed to primary examiner craft is Van Trieu whose telephone number is (571) 2722972. The examiner can normally be reached on Mon-Fri from 8:00 AM to 3:00 PM. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Mr. Wang Quan-Zhen can be reached on (571) 272-3114.
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/VAN T TRIEU/
Primary Examiner, Art Unit 2685
02/27/2026