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 .
Response to Arguments
Argument:
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Response:
The examiner disagrees that the charging platform as recited is a particular machine. MPEP 2106.05(b) states: When determining whether a machine recited in a claim provides significantly more, the following factors are relevant.
I. THE PARTICULARITY OR GENERALITY OF THE ELEMENTS OF THE MACHINE OR APPARATUS
The particularity or generality of the elements of the machine or apparatus, i.e., the degree to which the machine in the claim can be specifically identified (not any and all machines).
The recited platform isn’t composed of any elements so how can it be particular. It covers any/every car charging platform.
MPEP 2106.05(b) further recites:
Integral use of a machine to achieve performance of a method may integrate the recited judicial exception into a practical application or provide significantly more, in contrast to where the machine is merely an object on which the method operates, which does not integrate the exception into a practical application or provide significantly more.
As recited the charging platform is “an object on which the method operates”.
Argument:
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Response:
The examiner disagrees. MPEP 2106.05(a) states: However, it is important to keep in mind that an improvement in the abstract idea itself (e.g. a recited fundamental economic concept) is not an improvement in technology. For example, in Trading Technologies Int’l v. IBG, 921 F.3d 1084, 1093-94, 2019 USPQ2d 138290 (Fed. Cir. 2019).
Claims as written disclose an improved billing concept, which is an improvement to an abstract idea and not an improvement to technology.
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 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Claims 1-20 recite:
1. A billing method for vehicle charging, performed , performed by a charging platform communicably connected to a vehicle, comprising:acquiring at least one piece of charging power information of a vehicle in a charging process and a charging electricity quantity of the vehicle, the charging power information comprising a charging power range and a charging duration corresponding to the charging power range;determining, based on the at least one charging power range and the charging duration respectively corresponding to the at least one charging power range, a charging time cost of the vehicle;determining, based on the charging electricity quantity, a charging electricity quantity cost of the vehicle;determining, based on the charging electricity quantity cost of the vehicle and the charging time cost of the vehicle, a charging cost of the vehicle; wherein before the vehicle is charged, the billing method further comprises:determining, based on vehicle type information of the vehicle, at least two predicted power ranges of the vehicle;determining, based on the at least two predicted power ranges and power range unit prices respectively corresponding to the at least two predicted power ranges, a charging time cost unit price of the vehicle; anddetermining a sum of a preset electricity quantity unit price, an electricity quantity service unit price and the charging time cost unit price as a predicted charging unit price of the vehicle.
2. The billing method according to claim 1, wherein the determining, based on the at least one charging power range and the charging duration respectively corresponding to the at least one charging power range, a charging time cost of the vehicle comprises:for each of the charging power ranges, determining, based on the charging power range, a power range unit price corresponding to the charging power range;for each of the charging power ranges, determining, based on the power range unit price corresponding to the charging power range and the charging duration corresponding to the charging power range, a charging time range cost of the charging power range; anddetermining a sum of the charging time range cost respectively corresponding to the at least one charging power range as the charging time cost of the vehicle.
3. The billing method according to claim 2, wherein the method further comprises:acquiring vehicle model information of the vehicle, the vehicle model information being used to represent a charging type that the vehicle is capable of adopting in the charging process; andfor each of the charging power ranges, updating, based on the vehicle model information of the vehicle, the charging time range cost of the charging power range to obtain an updated charging time range cost of the charging power range;wherein the determining a sum of the charging time range cost respectively corresponding to the at least one charging power range as the charging time cost of the vehicle comprises:determining a sum of the updated charging time range cost respectively corresponding to the at least one charging power range as the charging time cost of the vehicle.
4. The billing method according to claim 1, wherein the determining, based on the charging electricity quantity, a charging electricity quantity cost of the vehicle comprises:determining, based on the charging electricity quantity and a preset electricity quantity unit price, an electricity quantity cost;determining, based on the charging electricity quantity and the electricity quantity service unit price, a charging service cost, the electricity quantity service unit price being determined based on vehicle model information of the vehicle; anddetermining a sum of the electricity quantity cost and the charging service cost as the charging electricity quantity cost.
5. The billing method according to claim 4, wherein the charging electricity quantity comprises a charging sub-electricity quantity respectively corresponding to the at least one charging power range; and the electricity quantity service unit price comprises an electricity quantity service sub- unit price respectively corresponding to the at least one charging power range; wherein the determining, based on the charging electricity quantity and the electricity quantity service unit price, a charging service cost comprises: for each of the charging power ranges, determining, based on the electricity quantity service sub-unit price of the charging power range and the charging sub-electricity quantity corresponding to the charging power range, a charging service sub-cost of the charging power range; and determining a sum of the at least one charging service sub-cost as the charging service cost.
6. The billing method according to claim 1, wherein the method further comprises:acquiring space occupation time of the vehicle, the space occupation time being the time during which the vehicle is in a charging platform but is not charged; and determining, based on the space occupation time and a space occupation unit price, a space occupation cost of the vehicle;wherein the determining, based on the charging electricity quantity cost of the vehicle and the charging time cost of the vehicle, a charging cost of the vehicle comprises:determining, based on the charging electricity quantity cost, the charging time cost and the space occupation cost, the charging cost of the vehicle.
7. The billing method according to claim 1, wherein the determining, based on the at least one predicted power range and the power range unit price respectively corresponding to the at least one predicted power range, the charging time cost unit price of the vehicle comprises:determining, based on the at least one predicted power range, a predicted average power of the vehicle;determining, based on a predicted charging electricity quantity of the vehicle and the predicted average power of the vehicle, predicted charging time of the vehicle;determining, based on the power range unit price respectively corresponding to the at least one predicted power range, an average power range unit price; anddetermining, based on the predicted charging time of the vehicle, the average power range unit price and the predicted charging electricity quantity of the vehicle, the charging time cost unit price of the vehicle.
8. The billing method according to claim 7, wherein the determining, based on the at least one predicted power range, a predicted average power of the vehicle comprises:determining an average value of a minimum charging power and a maximum charging power in the at least one predicted power range as the predicted average power of the vehicle; and wherein the determining, based on a predicted charging electricity quantity of the vehicle and the predicted average power of the vehicle, predicted charging time of the vehicle comprises:determining a quotient of the predicted charging electricity quantity and the predicted average power as the predicted charging time of the vehicle.
9. The billing method according to claim 7, wherein the determining, based on the power range unit price respectively corresponding to the at least one predicted power range, an average power range unit price comprises:determining an average number of the power range unit price respectively corresponding to the at least one predicted power range as the average power range unit price.
10. The billing method according to claim 7, wherein the determining, based on the predicted charging time of the vehicle, the average power range unit price and the predicted charging electricity quantity of the vehicle, the charging time cost unit price of the vehicle comprises:determining, based on the predicted charging time of the vehicle and the average power range unit price, a predicted range cost; anddetermining a quotient of the predicted range cost and the predicted charging electricity quantity of the vehicle as the charging time cost unit price.
11. A billing apparatus for vehicle charging, the billing apparatus being included in a charging platform communicably connected to a vehicle, comprising:a communication interface and at least one processor; wherein the communication interface is configured to: acquire at least one piece of charging power information of a vehicle in a charging process and a charging electricity quantity of the vehicle, the charging power information comprising a charging power range and a charging duration corresponding to the charging power range; and wherein the processor is configured to:determine, based on the at least one charging power range and the charging duration respectively corresponding to the at least one charging power range, a charging time cost of the vehicle;determine, based on the charging electricity quantity, a charging electricity quantity cost of the vehicle;determine, based on the charging electricity quantity cost of the vehicle and the charging time cost of the vehicle, a charging cost of the vehicle;determine, based on vehicle type information of the vehicle, at least two predicted power ranges of the vehicle;determine, based on the at least two predicted power ranges and power range unit prices respectively corresponding to the at least two predicted power ranges, a charging time cost unit price of the vehicle; anddetermine a sum of a preset electricity quantity unit price, an electricity quantity service unit price and the charging time cost unit price as a predicted charging unit price of the vehicle.
12. The billing apparatus according to claim 11, wherein the processor is further configured to:for each of the charging power ranges, determine, based on the charging power range, a power range unit price corresponding to the charging power range;for each of the charging power ranges, determine, based on the power range unit price corresponding to the charging power range and the charging duration corresponding to the charging power range, a charging time range cost of the charging power range; anddetermine a sum of the charging time range cost respectively corresponding to the at least one charging power range as the charging time cost of the vehicle.
13. The billing apparatus according to claim 12, wherein the communication interface is further configured to:acquire vehicle model information of the vehicle, the vehicle model information being used to represent a charging type that the vehicle is capable of adopting in the charging process; and wherein the processor is further configured to:for each of the charging power ranges, update, based on the vehicle model information of the vehicle, the charging time range cost of the charging power range to obtain an updated charging time range cost of the charging power range; anddetermine a sum of the updated charging time range cost respectively corresponding to the at least one charging power range as the charging time cost of the vehicle.
14. The billing apparatus according to claim 11, wherein in determining, based on the charging electricity quantity, a charging electricity quantity cost of the vehicle, the processor is configured to:determine, based on the charging electricity quantity and a preset electricity quantity unit price, an electricity quantity cost;determine, based on the charging electricity quantity and the electricity quantity service unit price, a charging service cost, the electricity quantity service unit price being determined based on vehicle model information of the vehicle; anddetermine a sum of the electricity quantity cost and the charging service cost as the charging electricity quantity cost.
15. The billing apparatus according to claim 14, wherein the charging electricity quantity comprises a charging sub-electricity quantity respectively corresponding to the at least one charging power range; andthe electricity quantity service unit price comprises an electricity quantity service sub- unit price respectively corresponding to the at least one charging power range;wherein in determining, based on the charging electricity quantity and the electricity quantity service unit price, a charging service cost, the processor is configured to:for each of the charging power ranges, determine, based on the electricity quantity service sub-unit price of the charging power range and the charging sub-electricity quantity corresponding to the charging power range, a charging service sub-cost of the charging power range; anddetermine a sum of the at least one charging service sub-cost as the charging service cost.
16. The billing apparatus according to claim 11, wherein the processor is further configured to:acquire space occupation time of the vehicle, the space occupation time being the time during which the vehicle is in a charging platform but is not charged; anddetermine, based on the space occupation time and a space occupation unit price, a space occupation cost of the vehicle; and wherein in determining, based on the charging electricity quantity cost of the vehicle and the charging time cost of the vehicle, a charging cost of the vehicle, the processor is configured to:determine, based on the charging electricity quantity cost, the charging time cost and the space occupation cost, the charging cost of the vehicle.
17. The billing apparatus according to claim 11, wherein in determining, based on the at least one predicted power range and the power range unit price respectively corresponding to the at least one predicted power range, the charging time cost unit price of the vehicle, the processor is configured to:determine, based on the at least one predicted power range, a predicted average power of the vehicle;determine, based on a predicted charging electricity quantity of the vehicle and the predicted average power of the vehicle, predicted charging time of the vehicle;determine, based on the power range unit price respectively corresponding to the at least one predicted power range, an average power range unit price; anddetermine, based on the predicted charging time of the vehicle, the average power range unit price and the predicted charging electricity quantity of the vehicle, the charging time cost unit price of the vehicle.
18. The billing apparatus according to claim 17, wherein in determining, based on the at least one predicted power range, a predicted average power of the vehicle, the processor is configured to:determine an average value of a minimum charging power and a maximum charging power in the at least one predicted power range as the predicted average power of the vehicle; and wherein in determining, based on a predicted charging electricity quantity of the vehicle and the predicted average power of the vehicle, predicted charging time of the vehicle, the processor is configured to:determine a quotient of the predicted charging electricity quantity and the predicted average power as the predicted charging time of the vehicle.
19. A billing device for vehicle charging, the billing device being included in a charging platform communicably connected to a vehicle, comprising:a memory, configured to store executable instructions; anda processor, configured to perform the billing method for vehicle charging according to claim 1 when executing the executable instructions stored in the memory.
20. A computer-readable storage non-transient medium, the computer-readable non-transisent storage medium being included in a charging platform communicably coupled to a vehicle and having executable instructions stored therein, wherein the executable instructions, when executed by a processor, implement steps in the billing method for vehicle charging according to claim 1.
But for the recitation of the underlined subject matter, claims 1-20 recite steps for analyzing and making determinations regarding vehicle charging billing data. These steps could otherwise be done mentally. Thus claims 1-20 recite a mental process. Alternatively the steps could also be considered to recite a fundamental economic practice as billing relates to commerce. Thus claims 1-20 also recite a method of organizing human activity.
Based on the above claims 1-20 recite an abstract idea (step 2A_1).
The claims recite the following additional elements:
1) All claims recite at least one data gathering (acquiring) steps
2) Claims 11-20 recite at least one computer element such as an apparatus, processor, interface, memory, instructions, CRSM
3) All claims recite performance by a charging platform communicably connected to a vehicle
The data gathering is regarded as extra-solution activity and per MPEP 2106.05(g) therefore does not provide a practical application or significantly more. Additionally, using a computer to gather data over a network does not provide significantly more because it is well-understood, routine and conventional. See MPEP 2106.05(d)(II)(i in the first block of cases).
The computer elements are recited at a high degree of generality such that they amount to mere instructions to implement the abstract idea which per MPEP 2106.05(f) means they do not provide a practical application or significantly more.
The involvement of the charging platform is as a tool to implement an abstract idea, and therefore it does not provide a practical application or significantly more. See MPEP 2106.05(f): “Whether the claim invokes computers or other machinery merely as a tool to perform an existing process. Use of a computer or other machinery in its ordinary capacity for economic or other tasks (e.g., to receive, store, or transmit data)”. Charging platform does not do any charging. Rather it is invoked as a tool to do billing, i.e. economic tasks.
Based on the above claims 1-20 are considered to be directed to an abstract idea without a practical application or significantly more (Step 2A_2, Step 2B) and are ineligible.
Prior Art Status
Claims 1-20 are considered to distinguish over the cited art. Bi (CN 121258127 A) discloses a machine learning algorithm to predict charging cost at different charging stations based on factors such as vehicle type. Cudinzow (CN 119821210 A) discloses optimizing charging cost of a vehicle based on predicting charging parameters. Xue (US 20250026228 A1) discloses estimating charging cost based on estimated charging time and a target electricity quantity. Kato (JP 2024064046 A) discloses a system for calculating EV charger fees. Choi (US 20210300198 A1) discloses reinforcement learning to estimate charge cost. Maeda (US 20210065073 A1) discloses a system the provides estimates of charging costs for different stations. YAO (CN118038604) discloses deep learning applied to estimating charging cost. None of the cited art discloses determining, based on vehicle type information of the vehicle, at least two predicted power ranges of the vehicle;determining, based on the at least two predicted power ranges and power range unit prices respectively corresponding to the at least two predicted power ranges, a charging time cost unit price of the vehicle; and determining a sum of a preset electricity quantity unit price, an electricity quantity service unit price and the charging time cost unit price as a predicted charging unit price of the vehicle.
Conclusion
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 NATHAN A MITCHELL whose telephone number is (571)270-3117. The examiner can normally be reached M-F 9-5.
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, Ryan Zeender can be reached at 571-272-6790. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NATHAN A MITCHELL/Primary Examiner, Art Unit 3627
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