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 Objections
Claims 1, 9, and 15 are objected to because of the following informalities:
The preambles of the independent claims require minor grammatical corrections, in order to clarify Applicant's intent and eliminate ambiguity concerning the scope of the claim limitations. Specifically,
Regarding Claim 1, a comma (,) should be placed between the words "fueling" and "performed", and therefore read, "a communication method for hydrogen fueling, performed by a hydrogen fueled mobility, comprising…".
This correction better informs the reader, and makes it clear the that "the hydrogen fueled mobility" is performing a communication method, and not performing "a hydrogen fueling".
Regarding Claim 9, a comma (,) should be placed between the words "fueling" and "arranged", and therefore read, "a communication apparatus for hydrogen fueling, arranged in a hydrogen fueled mobility, comprising…".
This correction better informs the reader, and makes it clear the that "a communication apparatus" is to be placed within "the hydrogen fueled mobility" (as opposed to "a hydrogen fueling is arranged in a hydrogen mobility").
Regarding Claim 15, a comma (,) should be placed between the words "fueling" and "performed", and therefore read, " a communication method for hydrogen fueling, performed by a dispenser supplying hydrogen to a hydrogen fueled mobility, comprising …".
This correction better informs the reader, and is more consistent with standard grammatical practices.
Appropriate correction is required.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-2, 9, 12, 15-17, and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pollica et al. (US 2022/0136655).
Regarding Claim 1, Pollica et al. discloses a communication method for hydrogen fueling performed by a hydrogen fueled mobility, comprising:
- transmitting a request message, to a dispenser, comprising information related to an operation including a start or stop of a hydrogen fueling to the dispenser based on a fueling protocol determined by a negotiation between the hydrogen fueled mobility and the dispenser supplying hydrogen (see at least paras 130-131, wherein the "on-board unit" (OBU) of a vehicle makes a nozzle reservation "request" of a "road-side unit" (RSU, e.g., a "dispenser"); and
- receiving a response message, from the dispenser, comprising information related to whether the operation included in the request message has been processed or is ready to be processed (para 130: "the fueling station may respond to information received from the CAN (controller area network) to perform nozzle reservation for a vehicle". Paras 130-131 and Fig. 4 also describe "an exemplary method performed in response to receiving a nozzle reservation request via a CAN comprising an RSU at a fueling station and one or more OBUs associated with a respective vehicle(s)...by performing acts 1410 and 1420...in connection with FIG. 4A).
Regarding Claim 2, Pollica et al. discloses a communication method for hydrogen fueling performed by a hydrogen fueled mobility, wherein
- the request message comprises information related to a start operation of the hydrogen fueling (see at least para 131: "The request may include the amount of fuel needed, the required or preferred temperature class of the fill, a time or time periods for the reservation"), and
- the response message comprises information related to whether the dispenser is ready to start the hydrogen fueling (see at least para 132, wherein the reservation is confirmed. Examiner broadly interprets "confirmation" as "ready to start refueling" at the requested time, as taught at para 131).
Regarding Claim 9, Pollica et al. discloses a communication apparatus for hydrogen fueling arranged in a hydrogen fueled mobility, comprising:
- a memory (Fig 1 and para 77, "the vehicle's computer system" coupled with on-board unit (OBU) 1150) storing at least one instruction; and
- a processor (the aforementioned computer system) executing the at least one instruction, wherein the processor is configured to:
- transmit a request message, to a dispenser, comprising information related to an operation including a start or stop of a hydrogen fueling to the dispenser based on a fueling protocol determined by a negotiation between the hydrogen fueled mobility and the dispenser supplying hydrogen (described at least at paras 77-79); and
- receive a response message, from the dispenser, comprising information related to whether the operation included in the request message has been processed or is ready to be processed (described at least at paras 77-79).
Regarding Claim 12, Pollica et al. discloses a communication apparatus for hydrogen fueling arranged in a hydrogen fueled mobility, wherein the request message comprises a monitoring request regarding at least one state related to a hydrogen fueling procedure, and the response message comprises information related to the at least one state (described at para 117 and Fig 9).
Regarding Claim 15, Pollica et al. discloses a communication method for hydrogen fueling performed by a dispenser supplying hydrogen to a hydrogen fueled mobility, comprising: receiving a request message comprising information related to an operation including a start or stop of a hydrogen fueling from the hydrogen fueled mobility in a state that a fueling protocol negotiation for determining a fueling protocol between the hydrogen fueled mobility and the dispenser is completed; and transmitting a response message comprising information related to whether the operation included in the request message has been processed or is ready to be processed to the hydrogen fueled mobility (see the rejection of Claim 1 above, paras 130-132, Fig 4A).
Regarding Claim 16, Pollica et al. discloses a communication method for hydrogen fueling performed by a dispenser supplying hydrogen to a hydrogen fueled mobility, wherein the request message comprises information related to a start operation of the hydrogen fueling, and the response message comprises information related to whether the dispenser is ready to start the hydrogen fueling (paras 130-132).
Regarding Claim 17, Pollica et al. discloses a communication method for hydrogen fueling performed by a dispenser supplying hydrogen to a hydrogen fueled mobility, wherein the response message comprises information related to whether the dispenser is in a process of the hydrogen fueling (paras 130-132 which establishes bi-directional communication connection, and para 117, wherein communication continues in the form of "monitoring" as long as the vehicle is connected to the dispenser) or stopped the hydrogen fueling.
Regarding Claim 19, Pollica et al. discloses a communication method for hydrogen fueling performed by a dispenser supplying hydrogen to a hydrogen fueled mobility, wherein the request message comprises a monitoring request regarding at least one state related to a hydrogen fueling procedure, and the response message comprises information related to the at least one state (see at least para 117).
Allowable Subject Matter
Claims 3- 8, 10-11, 13-14, 18, and 20 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.
Pollica et al. (US 2022/0136655) is the closest prior art of record. However, the Pollica reference is silent on these above recited features. Furthermore, it would not have been obvious to modify the Pollica reference to arrive at these above recited features without improper hindsight reasoning. In addition, amending the Pollica reference to include the above recited features would improperly change the principle of operation of the Pollica reference.
Specifically, although the Pollica reference teaches establishment of communication between a hydrogen dispenser and receiving vehicle, and the transmission of some messages from said dispenser, the reference is silent on the transmission of the more detailed messages from the dispenser as required in the aforementioned novel claims. Examiner concludes that it would amount to impermissible hindsight to modify Pollica et al. to arrive at the subject matter of these claims, there being no motivation to do so.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
- US 2020/0276909 teaches the existence of known, internationally accepted hydrogen refueling standards, to include SAE J2601 (Fueling Protocols for Light Duty Gaseous Hydrogen Surface Vehicles) and SAE J2799 (Hydrogen Surface Vehicle to Station Communications Hardware and Software). The '6909 reference and SAE J2799 each further detail procedures for establishing communications between a hydrogen dispenser and receiving vehicle. Although the references provide detailed guidance on messages initiated by the vehicle and related dispenser actions upon receipt of said messages, these references are silent on messages initiated by the dispenser itself, to include the subject matter of the novel dependent claims as identified above.
- US 20070084523 A1, US 11480300 B1, US 20150242969 A1 and US 20210396356 A1 each teach aspects of networked communication between a hydrogen dispenser and a vehicle, but are also silent on the concept of messages initiated by the dispenser itself, to include the subject matter of the novel dependent claims as identified above.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER M AFFUL whose telephone number is (571)272-8421. The examiner can normally be reached Monday - Thursday: 7:30 AM - 5:00 PM Eastern Time.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Craig Schneider can be reached at 5712723607. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER M AFFUL/Primary Examiner, Art Unit 3753
