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
Claims 1-5 of U.S. Application No. 18/949115 filed on 11/15/2024 have been examined.
CLAIM INTERPRETATION
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
Regarding claims 1-5, Claim limitation “analysis unit that analyzes…”, “output unit that outputs…”, “acquisition unit that acquires…” has/have been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because it uses/they use a generic placeholder “unit” coupled with functional language “detecting” without reciting sufficient structure to achieve the function. Furthermore, the generic placeholder is not preceded by a structural modifier.
Since the claim limitation(s) invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, claim(s) 11 has/have been interpreted to cover the corresponding structure described in the specification that achieves the claimed function, and equivalents thereof.
A review of the specification shows that the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph limitation:
If applicant wishes to provide further explanation or dispute the examiner’s interpretation of the corresponding structure, applicant must identify the corresponding structure with reference to the specification by page and line number, and to the drawing, if any, by reference characters in response to this Office action. A review of the specification shows that the following appears to not have corresponding structure described in the specification for the 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph limitation.
If applicant does not intend to have the claim limitation(s) treated under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112 , sixth paragraph, applicant may amend the claim(s) so that it/they will clearly not invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, or present a sufficient showing that the claim recites/recite sufficient structure, material, or acts for performing the claimed function to preclude application of 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
For more information, see MPEP § 2173 et seq. and Supplementary Examination Guidelines for Determining Compliance With 35 U.S.C. 112 and for Treatment of Related Issues in Patent Applications, 76 FR 7162, 7167 (Feb. 9, 2011).
Claim Rejections - 35 USC § 112
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.
Claim 1-5 rejected under 35 U.S.C. 112(f) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Claim element “analysis unit that analyzes…”, “output unit that outputs…”, “acquisition unit that acquires…” is a limitation that invokes 35 U.S.C. 112(f) or 35 U.S.C. 112 (pre-AIA ), sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for the claimed function. Application does not disclose any means in the specification.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or 35 U.S.C. 112 (pre-AIA ), sixth paragraph; or
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the claimed function, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claim 1-5 rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ropel et al. [US 2024/0140261 A1], hereinafter referred to as Ropel.
As to Claim 1, Ropel discloses a vehicle control system that controls a vehicle driven with electricity, the system comprising: an analysis unit that analyzes a deterioration factor of an electricity efficiency of the vehicle ([see at least Fig. 1 and 0107]); an output unit that outputs one or more electricity efficiency improvement plans for improving the deterioration factor of the electricity efficiency ([see at least 0067, 0119, 0129 and 0261]); an acquisition unit that acquires any electricity efficiency improvement plan that is selected at an operation terminal out of the one or more electricity efficiency improvement plans output from the output unit ([see at least Fig. 7, 0167, 0153 and 0166]); and a control unit that controls the vehicle based on a control content according to the electricity efficiency improvement plan acquired by the acquisition unit ([see at least 0067, 0076, 0157 and 0261]).
As to Claim 2, Ropel discloses a vehicle control system, wherein the analysis unit analyzes the deterioration factor of the electricity efficiency based on at least any of a frequency of rapid acceleration, a frequency of rapid deceleration, a frequency of rapid charge, a degree of deterioration of a battery capacity, a payload, and an amount of air conditioner use ([see at least 0056, 0060, 0101, 0121, 0155 and 0157]).
As to Claim 3, Ropel discloses a vehicle control system, wherein the output unit further outputs information regarding the deterioration factor of the electricity efficiency ([see at least 0067, 0119, 0129 and 0261]).
As to Claim 4, Ropel discloses a vehicle control system, wherein: the acquisition unit further acquires information regarding a target electricity efficiency of the vehicle via the operation terminal; and the analysis unit analyzes the deterioration factor of the electricity efficiency of the vehicle when the electricity efficiency of the vehicle deteriorates more than the target electricity efficiency ([see at least 0140, 0141, 0157, 0167 and 0261]).
As to Claim 5, Ropel discloses a vehicle control system, wherein: the acquisition unit further acquires information regarding a peripheral environment of the vehicle; and the output unit further outputs a degree of recommendation according to the peripheral environment of the vehicle for each of the one or more electricity efficiency improvement plans for improving the deterioration factor of the electricity efficiency([see at least 0140-0144 and 0166]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YAZAN A SOOFI whose telephone number is (469)295-9189. The examiner can normally be reached on Flex schedule.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Fadey Jabr can be reached on 572-272-1516. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/YAZAN A SOOFI/Primary Examiner, Art Unit 3668