DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Response to Amendment
Amendment received on 11/03/2025 is acknowledged and entered. Claims 4, 13 and 22 have been canceled. Claims 1, 10 and 19 have been amended. New claims 30-32 have been added. Claims 1-3, 5-12, 14-21 and 23-32 are currently pending in the application.
Terminal Disclaimer filed 11/03/2025 has been entered and acknowledged. Double Patenting rejection of 05/05/2025 has been withdrawn.
Priority
The priority date for the current application has been established as a filing date of the parent Application 12/502,041, now US 9,853,488 B1, 07/13/2009.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 11/04/2025 are being considered by the examiner. The submission is in compliance with the provisions of 37 CFR 1.97.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-3, 5-12, 14-21 and 23-32 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Independent claims 1, 10 and 19, as currently amended, recite: (emphasis added):
“send an alert to an operator of the TEC indicative of an approach of an end of the selected mode of operation.”
However, the Specification does not provide support for the recited limitations. The Specification discloses:
[0066] In some embodiments, the system 600 may be utilized to setup, define, store, and/or update or change preference, option, and/or parameter data that is utilized by an ECS (not shown in FIG. 6) to determine how, when, and/or where to transfer electrical energy to and/or from the vehicle 660. An operator of the user device 680 may, for example, select the menu option 682 (and the user device 680 may receive an indication of such selection), which is depicted as being a menu option defining a situation of a pet being in the vehicle 660. The operator may then, for example, (i) determine whether it is desired that the vehicle 660 only be allowed to be charged in such a circumstance—as opposed to allowing the vehicle 660 to provide and/or sell stored and/or vehicle-generated power (e.g., the first preference option 684a), (ii) determine whether it is desired that the operator be notified if the current charge level of the vehicle 660 falls below a level that allows the Air Conditioning (A/C) to remain on for fifteen (15) minutes (e.g., the second preference option 684b), and/or (iii) determine whether it is desired that the operator be notified if the temperature inside the vehicle 660 climbs above seventy (70) degrees (e.g., the third preference option 684c).
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and
[0075] In some embodiments, the “main” menu item 706 may comprise a factor of safety field 726 via which the user may set a factor of safety to be utilized in calculations regarding charging levels and schedules for the vehicle. The “main” menu item 706 may also or alternatively comprise contact information 728 for the user. The contact information 728 may be utilized by the interface 700 (and/or an ECS), for example, to send alerts and/or messages to the user and/or other designated parties. The “main” menu item 706 may comprise, for example, an alerts field 730 that allows the use to specify various conditions and/or events that may trigger alerts and/or actions with respect to the vehicle. The user may turn “All Alerts On”, for example, and/or may individually activate (i) charge thresholds (e.g., minimum, maximum, and/or desired charge thresholds), (ii) rate thresholds (e.g., minimum, maximum, and/or desired rate thresholds), (iii) internal temperature thresholds e.g., minimum, maximum, and/or desired temperature thresholds), and/or (iv) vehicle diagnostics (e.g., poor battery health, low oil, low tire pressure, alarm conditions, and/or maintenance reminders).
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Thus, while the Specification discloses providing status of the selected mode of operation, the Specification does not disclose the “approach of an end” concept.
Amended claims which introduce new elements or limitations which are not supported by the as-filed disclosure violate the written description requirement. In re Smith, 458 F.2d 1389, 1395, 173 USPQ 679, 683 (CCPA 1972).
When an explicit limitation in a claim "is not present in the written description whose benefit is sought it must be shown that a person of ordinary skill would have understood, at the time the patent application was filed, that the description requires that limitation." Hyatt v. Boone, 146 F.3d 1348, 1353, 47 USPQ2d 1128, 1131 (Fed. Cir. 1998) (emphasis added). In this case, an alerts field 730 allows to specify various conditions and/or events that may trigger alerts and/or actions with respect to the vehicle, such as (i) charge thresholds, (ii) rate, (iii) internal temperature thresholds and/or (iv) vehicle diagnostics, and the written description cannot be said to require sending an alert to an operator of the TEC indicative of an approach of an end of the selected mode of operation, since it is silent on the matter.
Examiner agrees that such concept is well known to one skilled in the art. However, the lack of support is not cured simply because one skilled in the art could have arrived at the claimed invention or found it obvious to modify the system in such a manner. If it would be possible, anything could be added to the claims without violating the written description requirement. No limitations from the Specification would have been read into the claim for the purposes of determining support under § 112. “What may or may not be obvious is not the test.” Lockwood vs. Anderson, 41USPQ 2d @ 1966. Therefore, the recited newly introduced limitations constitute new matter.
Claim Rejections - 35 USC § 103
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 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 1-4, 6-7, 9-13, 15-16, 18-22, 24-25 and 27 are rejected under 35 U.S.C. 103 as being unpatentable over Ferro et al. (US 2009/0313034 A1) (IDS of 01/14/2025; “19”) in view of Oyobe et al. (US 2009/0242288 A1) (IDS of 01/14/2025; “1”); further in view of Donnelly et al. (US 7,124,691 B2) (IDS of 01/18/2025; “19”), further in view of Letendre, S.E. and Kempton, W. (Letendre), "The V2G Concept: A New Model for Power?" (IDS of 01/18/2025; “42”), further in view of Zeigler et al. (US 6,889,762 B2) (IDS of 01/18/2025; “17”) and further in view of Galvez-Ramos (US 2009/0130965 A1) (IDS of 01/18/2025; “14”).
Claims 1 and 10. Ferro et al. (Ferro) discloses an electrical charging system for a True Electric Car (TEC), comprising:
a vehicle sensor;
an arrangement to sense TEC; [0035]; [0037]; [0076]; [0109]; [0121]
Ferro does not explicitly teach a vehicle sensor, which is disclosed in Oyobe et al. (Oyobe) Fig. 16. “108”; [0158];
It would have been obvious to one having ordinary skill in the art at the time the invention to modify Ferro to include the vehicle sensor, as disclosed in Oyobe, for the benefit of providing by the vehicle “an intention to charge” without operator intervention, as specifically stated in Ferro, [0109], and for the benefit of making the user aware the vehicle is parked at charging equipment, even if the user does not know initially.
Ferro, as modified by Oyobe, further teaches:
a communication device; Ferro; Fig. 2; [0040]; [0042]; [0049]; [0076]; [0106]; [0039]
a processor, Ferro; Fig. 2; “204”, “206”, in communication with the vehicle sensor and the communication device; Oyobe; Fig. 16. “108”; [0158], and a memory in communication with the processor, Ferro; Fig. 2; “204”, “206”, the memory storing instructions that when executed by the processor cause the processor to:
receive, from the vehicle sensor, information indicative of a presence of the TEC in a parking space; Oyobe; [0158]; [0159]
receive, from the communication device, information indicative of one or more charging preferences corresponding to a desired charging of the TEC, Ferro; Fig. 4, “406”; Fig. 5, “502”; [0082]; [0084]; [0118]; [0120]; [0122]-[0124], wherein the one or more charging preferences are defined by an operator of the TEC; Ferro; [0080]; [0083]; [0084]; [0093];
determine, based at least on the one or more charging preferences and at least one current value of a dynamic attribute of an electric charge provider, a charging schedule for the TEC; Ferro; Figs. 4 and 8; [0051]; [0076]; [0079]; [0088]; [0098]; [0101]; [0102]; [0110]; [0112]; [0113]; [0115]; [0136]; [0143]; Fig. 9, “914”; [0142]; [0143]
wherein at least one of the one or more charging preferences is defined by user input, Ferro; [0093]; [0084]; [0110]; [0113]; [0123]; [0143]; [0162].
While Ferro discloses an input/output device, e.g. a keyboard, a mouse, a display, etc., Ferro does not explicitly teach a graphical user interface (GUI), which is disclosed in Donnelly et al. (Donnelly) Figs. 25 and 28 (the GUI may be applied to “vehicle[s] other than locomotives, such as cars” or “trucks.” C. 26, L. 6-8; C.1, L. 36-38 (acknowledging “using energy storage batteries” in hybrid vehicles, such as “automobiles, buses and other highway vehicles”)
Donnelly further teaches that said GUI is adapted to receive and display a vehicle charge indicator element comprising a first portion indicative of an amount of charge residing in a battery of the TEC (Fig 28, the filled-in portion, which is Battery State of Charge “28004”), and a second portion indicative of an uncharged capacity of the battery of the TEC (the unfilled portion, which indicates uncharged capacity of the battery; C. 23, L. 16-33); C. 21, L. 47-58; C. 23, L. 16-20, 31-33
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Thus, said displaying of the charged and uncharged capacity portions on the display during a charging operation provides an indication of an approach of an end of the selected charging mode of operation.
It would have been obvious to one having ordinary skill in the art at the time of the invention to modify Ferro to include the recited limitations, as disclosed in Donnelly, for the benefit of simplifying user interaction with the charging control system by employing a user-friendly interface.
Ferro, as modified by Oyobe and Donnelly, does not specifically teach: wherein the vehicle charge indicator element further comprises a slider by which an amount of charge may be specified, which is disclosed in Letendre. Letendre (published 02/15/2002) discloses a user interface for an electric vehicle battery charging arrangement, said interface comprising a slider by which a user specifies a charge level necessary to travel to a desired distance:
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It would have been obvious to one having ordinary skill in the art at the time of the invention to modify Ferro to include a slider element, as disclosed in Letendre, for the benefit of allowing the user to select a sufficient charge to drive a desired distance to the desired destination.
Ferro, as modified, further teaches:
charge, in accordance with the charging schedule, the TEC; Ferro; [0035]; [0036]; [0051]; [0060]; [0109]; [0110]; [0113]; [0136]; [0138]-[0140]
Zeigler et al. (Zeigler) discloses receive a selection of a mode of operation of the TEC that is defined by a stored temperature at which a temperature control system of the TEC is to be set to maintain the interior temperature of the TEC, C. 9, L. 3-15, 38-61; C. 8, L. 21-27, while the TEC remains in a parked state; C. 7, L. 42-47; C. 9, L. 43-61; C. 8, L. 21-27
It would have been obvious to one having ordinary skill in the art at the time of the invention to modify Ferro to include selecting a mode of operation, as disclosed in Zeigler, for the benefit of controlling the vehicle interior temperature during engine off or no-idle conditions to make passengers more comfortable, as explicitly stated in Zeigler.
Ferro, as modified, further teaches:
display via the graphical user interface an indication of a status of the selected mode of operation of the TEC, wherein the selected mode of operation comprises maintaining the interior temperature of the TEC, Donnelly; (a touch screen); Zeigler; (GUI) C. 9, L. 24-29, 38-42
Ferro does not specifically teach: maintaining the interior temperature of the TEC suitable for a pet located within the TEC, which is disclosed in Galvez-Ramos. [0005]; [0006]; [0012]; [0022]; [0026]; [0029]; [0036]; [0037]; [0039]-[0044].
It would have been obvious to one having ordinary skill in the art at the time of the invention to modify Ferro to include selecting a mode of operation, as disclosed in Galvez-Ramos, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. The rationale to support a conclusion that the claim would have been obvious is that all the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination yielded nothing more than predictable results to one of ordinary skill in the art. KSR, 550 U.S. at, 82 USPQ2d at 1395; Sakraida v. AG Pro, Inc., 425 U.S. 273, 282, 189 USPQ 449, 453 (1976); Anderson's-Black Rock, Inc. v. Pavement Salvage Co., 396 U.S. 57, 62-63, 163 USPQ 673, 675 (1969); Great Atlantic & P. Tea Co. v. Supermarket Equipment Corp., 340 U.S. 147, 152, 87 USPQ 303, 306 (1950).
Ferro, as modified, further teaches:
operate the temperature control system of the TEC in accordance with the selected mode of operation for a duration of time; Zeigler; C. 9, L. 43-61; Galvez-Ramos; [0026]; [0029]; [0040]-[0044]
determine that an amount of charge residing in the battery of the TEC has reached a predefined threshold; and send an alert to an operator of the TEC indicative of the charge residing in the battery having reached the predefined threshold. Said displaying of the charged and uncharged capacity portions on the display also provides an indication of an approach of an end of the selected charging mode of operation. Ferro; Fig. 5; [0057]; [0084]; [0101]; [0112]; [0123]; Donnelly; Fig. 25; “25006”; Fig. 34, “Warnings” Screen, “34007”; C. 25, L. 4-5, 15-16; C. 18, L. 50-67; C. 21, L. 47-58; C. 22, L. 16-25; C. 23, L. 16-20, 23-26, 66-67; C. 24, L. 5-8
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Claims 2 and 11. The electrical charging system of claim 1, wherein the graphical user interface is adapted to display a web page. Ferro; (wireless connection to remote devices and servers over the Internet) [0042]; [0039]; [0027]; [0064]; [0091]; [0083]; [0106]; Letendre teaches an auto charge control panel, may be “on a Web page.” P. 19-20. The motivation to combine would be the benefit of the use of webpage for entering or managing the preferences to standardize the preference interface for all participants regardless what device they use for entering the preferences. Ferro; [0080]; [0083]; [0084] Same rationale to combine as applied to claims 1 and 10.
Claims 3 and 12. The electrical charging system of claim 2, wherein the graphical user interface forms a part of the TEC. Ferro; [0106]
Claims 6 and 15. The electrical charging system of claim 1, wherein the charging schedule for the TEC is further based upon a factor of safety parameter Ferro; (the transaction plan (1.¢e., charging schedule) is generated by the energy transaction planner 402 using the principal-entered charging preferences, including the maximum and minimum amount of charge ); Letendre; “always maintain” mileage input, and a distance (in miles) the vehicle battery should “always maintain enough charge”’ for.
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and wherein the charging comprises transmitting a control signal to a parking space charge device that starts the charging. Ferro; [0060]; [0063]; [0113]; [0136]; [0137]; [0138]. Same rationale to combine as applied to claims 1 and 10.
Claims 7 and 16. The electrical charging system of claim 6, wherein the one or more charging preferences comprise the factor of safety parameter. ); Letendre; “always maintain” mileage input, and a distance (in miles) the vehicle battery should “always maintain enough charge”’ for. Same rationale to combine as applied to claims 1 and 10.
Claims 9 and 18. The electrical charging system of claim 1, wherein the charging of the TEC is conducted via a wireless charging device. Ferro; [0036]
Claim 19. An electrical charging system for a True Electric Car (TEC), comprising:
a vehicle sensor; Same rationale as applied to claim 1.
a communication device; Same rationale as applied to claim 1.
a processors in communication with the vehicle sensor and the communication device; and a memory in communication with the processor, the memory storing instructions that when executed by the processor cause the processor to:
(a) receive, from the vehicle sensor, information indicative of a presence of the TEC in a parking space; Same rationale as applied to claim 1.
(b) receive, from the communication device, information indicative of one or more charging preferences corresponding to a desired charging of the TEC, wherein the one or more charging preferences are defined by an operator of the TEC; Same rationale as applied to claim 1.
(c) determine a first value of a dynamic attribute of an electric charge provider;(d) determine, based at least on the one or more charging preferences and the first value of the dynamic attribute, a charging schedule for the TEC; Same rationale as applied to claim 1.
(e) charge the TEC in accordance with the charging schedule;(f) retrieve a second value of the at least one dynamic attribute; Same rationale as applied to claim 1.
(g) repeat (d) and (e), utilizing the retrieved second value of the dynamic attribute as the first value of the dynamic attribute, wherein at least one of the one or more charging preferences is defined by user input received via a graphical user interface and adapted to display a vehicle charge indicator element comprising a first portion indicative of an amount of charge residing in a battery of the TEC and a second portion indicative of an uncharged capacity of the battery of the TEC and wherein the vehicle charge indicator element further comprises a slider by which an amount of charge may be specified; Ferro; (continuously updating the cost of electricity to retrieve a second value of the at least one dynamic attribute) Fig. 12; [0112]; [0113]; [0116]; [0117]; [0149]; (creating an updated dynamic energy transaction plan 438 having a second set of terms) [0114]; [0073]-[0076]; [0148]-[0150].
(h) receive a selection of a mode of operation of the TEC that is defined by a stored temperature at which a temperature control system of the TEC is to be set to maintain the interior temperature of the TEC while the TEC remains in a parked state; Same rationale as applied to claim 1
(i) display via the graphical user interface an indication of a status of the selected mode of operation of the TEC, wherein the selected mode of operation comprises maintaining the interior temperature of the TEC suitable for a pet located within the TEC; Same rationale as applied to claim 1
(j) operate the temperature control system of the TEC in accordance with the selected mode of operation for a duration of time; Same rationale as applied to claim 1
(k) determine that an amount of charge residing in the battery of the TEC has reached a predefined threshold; and
(I) send an alert to an operator of the TEC indicative of an approach of an end of the selected mode of operation (the charge residing in the battery having reached the predefined threshold). Same rationale as applied to claim 1
Claim 20. The electrical charging system of claim 19, wherein the graphical user interface is adapted to display a web page. Same rationale as applied to claim 2
Claim 21. The electrical charging system of claim 20, wherein the graphical user interface forms a part of the TEC. Same rationale as applied to claim 3
Claim 24. The electrical charging system of claim 19, wherein the charging schedule for the TEC is further based upon a factor of safety parameter and wherein the charging comprises transmitting a control signal to a parking space charge device that starts the charging. Same rationale as applied to claim 6
Claim 25. The electrical charging system of claim 24, wherein the one or more charging preferences comprise the factor of safety parameter. Same rationale as applied to claim 7
Claim 27. The electrical charging system of claim 19, wherein the charging of the TEC is conducted via a wireless charging device. Same rationale as applied to claim 9
Claims 30-32 are rejected under 35 U.S.C. 103 as being unpatentable over Ferro in view of Oyobe, further in view of Donnelly, further in view of Letendre, further in view of Zeigler, further in view of Galvez-Ramos and further in view of Evans et al. (US 2009/0144622 A1) (IDS of 01/18/2022; “17”)
Claims 30-32. While Ferro discloses that the processor is configured to display via the graphical user interface, and during the operating, an indication of a status of the selected mode of operation of the TEC, wherein the selected mode of operation comprises maintaining the interior temperature of the TEC (Donnelly; (a touch screen); Zeigler; (GUI) C. 9, L. 24-29, 38-42) suitable for a pet located within the TEC (Galvez-Ramos; [0005]; [0006]; [0012]; [0022]; [0026]; [0029]; [0036]; [0037]; [0039]-[0044]), Ferro does not specifically teach that the indication comprises an image representing a pet, which is disclosed in Evans et al. (Evans) (generating notifications for predetermined users, wherein said notifications may include an interactive cartoon character, such as an animal) [0028]; [0034]
It would have been obvious to one having ordinary skill in the art at the time of the invention to modify Ferro to include the recited limitations, as disclosed in Evans, for the benefit of simplifying user interaction with the charging control system by employing a user-friendly interface, and avoiding confusion with other modes of operations settings not suitable for a pet located in the car.
Claims 5, 8, 14, 17, 23 and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Ferro in view of Oyobe, further in view of Donnelly, further in view of Letendre, further in view of Zeigler, further in view of Galvez-Ramos and further in view of Knockeart et al. (US 6,622,083 B1) (IDS of 01/18/2025; “15”).
Claims 5, 14 and 23. Ferro does not specifically teach wherein the graphical user interface forms a part of a smartphone, which is disclosed or suggested in Knockeart et al. (Knockeart) Abstract, C. 4, L. 32-41; C. 5, L. 52-65; C. 6, L. 29-31. Specifically, Knockeart teaches that the mobile display device may be a “cellular telephone”
or “personal digital assistant” (PDA), such as Palm Computer made by Palm, Inc.
Knockeart at C. 6, L. 39-48, C. 12, L. 38-41. Thus, Knockeart describes an “application executing on the removable personal device” and providing a “software communication interface to the on-board computer” as well as the removable device being a cellular phone, thereby at least suggesting a smartphone.
It would have been obvious to one having ordinary skill in the art at the time of the invention to modify Ferro to include the recited limitations, as disclosed in Knockeart, because it would advantageously allow a user to view charging information (e.g., charge level, charging preferences) when they are away from the vehicle.
Claims 8, 17 and 26. The electrical charging system of claim 1, wherein the alert is sent to a smartphone. Donnelly; (displaying an alert on a GUI) Figs. 25 and 34; Knockeart; C. 6, L. 39-48, C. 12, L. 38-41. Same rationale as applied to claims 5, 14 and 23.
Claims 28 and 29 are rejected under 35 U.S.C. 103 as being unpatentable over Ferro in view of Donnelly, further in view of Letendre, and further in view of Sutardja (US 2008/0136371 A1) (IDS of 01/18/2025; “5”).
Claim 28. Ferro discloses an electrical charging system for a True Electric Car (TEC), comprising:
a communication device; Ferro; Fig. 2; [0040]; [0042]; [0049]; [0076]; [0106]; [0039]
a processor in communication with the communication device and a memory in communication with the processor, Ferro; Fig. 2; “204”, “206”, the memory storing instructions that when executed by the processor cause the processor to:
receive, from the communication device, information indicative of at least two charging preferences comprising a time by which the TEC is to be charged to a predetermined amount and an indication that charging of the TEC be based, at least in part, on a cost of providing electrical charge to the TEC, Ferro; Fig. 4, “406”; Fig. 5, “502”, “508”, “512”; [0054]; [0082]; [0084]; [0088]; [0115]; [0118]; [0120]; [0122]-[0124],
wherein the at least two charging preferences are defined by an operator of the TEC, Ferro; [0080]; [0083]; [0084]; [0093];
While Ferro discloses an input/output device, e.g. a keyboard, a mouse, a display, etc., Ferro does not explicitly teach a graphical user interface (GUI), which is disclosed in Donnelly. Figs. 25 and 28 (the GUI may be applied to “vehicle[s] other than locomotives, such as cars” or “trucks.” C. 26, L. 6-8; C.1, L. 36-38 (acknowledging “using energy storage batteries” in hybrid vehicles, such as “automobiles, buses and other highway vehicles”)
Donnelly further teaches that said GUI is adapted to receive and display a vehicle charge indicator element comprising a first portion indicative of an amount of charge residing in a battery of the TEC (Fig 28, the filled-in portion, which is Battery State of Charge “28004”), and a second portion indicative of an uncharged capacity of the battery of the TEC (the unfilled portion, which indicates uncharged capacity of the battery; C. 23, L. 16-33); C. 21, L. 47-58; C. 23, L. 16-20, 31-33
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It would have been obvious to one having ordinary skill in the art at the time of the invention to modify Ferro to include the recited limitations, as disclosed in Donnelly, for the benefit of simplifying user interaction with the charging control system by employing a user-friendly interface.
Ferro, as modified by Donnelly, does not specifically teach: wherein the vehicle charge indicator element further comprises a slider by which an amount of charge may be specified, which is disclosed in Letendre. Letendre discloses a user interface for an electric vehicle battery charging arrangement, said interface comprising a slider by which a user specifies a charge level necessary to travel to a desired distance:
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It would have been obvious to one having ordinary skill in the art at the time of the invention to modify Ferro to include a slider element, as disclosed in Letendre, for the benefit of allowing the user to select a sufficient charge to drive a desired distance to the desired destination.
Further, Sutardja discloses:
receiving inputs from a user indicative of at least two charging preferences - charging parameters regarding the charge completion time, cost of electricity, and charging priority. [0231]; [0232]; [0235]; [0262]-[0264]; [0270]
determine, based at least on the at least two charging preferences, that the TEC cannot be charged in accordance with the at least two charging preferences; Fig. 8A; [0264]; [0265]; [0276]; [0277] (the utility company may determine they cannot meet the custom charge completion time and the user’s default cost parameter)
issue an alert that charging the TEC in accordance with the at least two charging preferences is not possible; Fig. 8A; [0265]; [0277] (When the utility company cannot meet the custom charge completion time and the default cost, alternate charging times and/or additional costs incurred at the custom time are provided to the user via alternate charging parameters)
receive an updated value for at least one of the at least two charging preferences in response to the issuance of the alert; Fig. 8A, “212”; [0265]; [0233]; [0236] (the user and the utility may negotiate alternate charging parameters)
determine, based at least on the updated value for the at least one of the at least two charging preferences, that TEC can now be charged in accordance with the at least two charging preferences; Fig. 8A; “222”; [0265]; [0278], and
charge the TEC in accordance with the at least two charging preferences. Fig. 8A; “222”; [0265]; [0267]
It would have been obvious to one having ordinary skill in the art at the time of the invention to modify Ferro to include Sutardja’s teachings, for the benefit of alerting the user immediately when the charging cannot be performed, rather than getting to their car and realizing the car is not charged to the level they desired.
Claim 29. The electrical charging system of claim 28, wherein the charging of the TEC in accordance with the at least two charging preferences is conducted utilizing a wireless charging device. Ferro; [0036]
Form PTO-892
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Austin – US 2011/0175569 A1 – discloses an electric vehicle battery charging system comprising a charger having a display (Figs. 5-9) depicting a charging status of a battery 60 (a vehicle charge indicator element) comprising a first portion indicative of an amount of charge residing in a battery of the vehicle, i.e. 0-31% Fig. 7 or 0-91% Fig. 8, and a second portion indicative of an uncharged capacity of the battery, i.e. 31-100% Fig. 7 or 91-100% Fig. 8; said charger is adapted to receive an amount of charge specified/desired by the user, i.e. 30%, via charge level buttons 112. Fig. 10; [0081]; [0099].
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said charger is adapted to communicate (via the controller 44, Fig. 15) with a utility computer, and with a user's computer, such as a mobile phone. [0068]; [0069]; [0072]. Austin discloses that any other manner of changing and selecting a desired minimum level of battery charge can be used as desired, such as via drop down or pull-up menus displaying various levels of battery charge [0099]; said vehicle charge indicator element can include any number and arrangement of the indicators, selectors, and other information described herein. [0083]
Response to Arguments
Applicant's arguments filed 11/03/2025 have been fully considered but they are not persuasive.
Applicant argues that the cited references fail to teach or suggest a vehicle charge indicator element comprising a first portion indicative of an amount of charge residing in a battery of the TEC and a second portion indicative of an uncharged capacity of the battery of the TEC and wherein the vehicle charge indicator element further comprises a slider by which an amount of charge may be specified.
The Examiner respectfully disagrees and maintains, that Donnelly teaches that said GUI is adapted to receive and display a vehicle charge indicator element comprising a first portion indicative of an amount of charge residing in a battery of the TEC (Fig 28, the filled-in portion, which is Battery State of Charge “28004”), and a second portion indicative of an uncharged capacity of the battery of the TEC (the unfilled portion, which indicates uncharged capacity of the battery; C. 23, L. 16-33); C. 21, L. 47-58; C. 23, L. 16-20, 31-33, and Letendre discloses a user interface for an electric vehicle battery charging arrangement, said interface comprising a slider by which a user specifies a charge level necessary to travel to a desired distance:
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Regarding Applicant’s argument that a “desired charge level” is different than an “amount of charge”, the Examiner notes that the Specification [0096] describes that a user may specify an amount of charge by specifying a desired travel distance as follows: “the user may indicate a desired charging level (and/or a desired charging level may be automatically calculated) based on a desired distance of travel.” Therefore, “amount of charge’ may also refer to a desired mileage.
Regarding Applicant’s argument that the cited references fail to disclose any alert or notification being sent to the user that is indicative of an approach of an end of the selected mode of operation, the Examiner notes that the Specification does not disclose said limitation. Nevertheless, Donnelly’s teaching of displaying of the charged and uncharged capacity portions on the display during a charging operation provides an indication of an approach of an end of the selected charging mode of operation.
Further, in response to applicant's argument that there is no suggestion to combine the references, the examiner recognizes that obviousness can only be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988) and In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992). In this case, the motivation to combine Ferro and Donnelly would be the benefit of simplifying user interaction with the charging control system by employing a user-friendly interface. And motivation to combine Ferro and Letendre would be the benefit of allowing the user to select a sufficient charge to drive a desired distance to the desired destination.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Igor Borissov whose telephone number is 571-272-6801. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor Kambiz Abdi can be reached on 571-272-6702. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/IGOR N BORISSOV/ Primary Examiner, Art Unit 3685 11/17/2025