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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 21-40 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-15 of U.S. Patent No. US 12,403,787. Although the claims at issue are not identical, they are not patentably distinct from each other because the scope of the current application and the patent overlap in such a manner that they are not patentably distinguishable.
Current Application
US 12,40,3787
35. A computer-implemented method for electric vehicle charging management associated with electric vehicles and charging locations capable of charging the electric vehicles, the computer-implemented method implemented by at least one processor in communication with at least one memory, the computer-implemented method comprising:
28. At least one non-transitory computer-readable storage medium with instructions stored thereon for electric vehicle charging management associated with electric vehicles and charging locations capable of charging the electric vehicles, wherein the instructions, when executed by at least one processor, cause the at least one processor to:
21. A computer system for electric vehicle charging management associated with electric vehicles and charging locations capable of charging the electric vehicles, the computer system comprising:
13. A computer device for recharging electric vehicles, the computer device comprising:
receiving a notification indicating that an electric vehicle has a low state of charge (SOC);
receive a notification indicating that an electric vehicle has a low state of charge (SOC);
at least one memory with instructions stored thereon; and
one or more memories comprising instructions stored thereon; and
receiving vehicle information regarding the electric vehicle, wherein the vehicle information comprises a location of the electric vehicle;
receive vehicle information regarding the electric vehicle, wherein the vehicle information comprises a location of the electric vehicle;
at least one processor in communication with the at least one memory, wherein the instructions, when executed by the at least one processor, cause the at least one processor to:
one or more processors coupled to the one or more memories and configured to perform operations comprising:
determining one or more potential charging locations based upon the location of the electric vehicle, wherein the one or more potential charging locations include homes;
determine one or more potential charging locations based upon the location of the electric vehicle, wherein the one or more potential charging locations include homes;
receive a notification indicating that an electric vehicle has a low state of charge (SOC);
identifying a low SOC electric vehicle that has a state of charge (SOC) below a predetermined threshold;
receiving charging location information regarding the one or more potential charging locations, wherein the charging location information comprises availability of the one or more potential charging locations and locations of the one or more potential charging locations, and wherein the availability of at least one potential charging location of the one or more potential charging locations indicates that a different electric vehicle is waiting to be charged at the at least one potential charging location;
receive charging location information regarding the one or more potential charging locations, wherein the charging location information comprises availability of the one or more potential charging locations and locations of the one or more potential charging locations, and wherein the availability of at least one potential charging location of the one or more potential charging locations indicates that a different electric vehicle is waiting to be charged at the at least one potential charging location;
receive vehicle information regarding the electric vehicle, wherein the vehicle information comprises a location of the electric vehicle;
receiving first vehicle telematics data associated with the low SOC electric vehicle, wherein the first vehicle telematics data comprises acceleration data, braking data, cornering data, speed data, direction data, route data, and location data;
generating a list of available charging locations for the electric vehicle, wherein the list includes a subset of the one or more potential charging locations and does not include the at least one potential charging location where the different electric vehicle is waiting to be charged; and
generate a list of available charging locations for the electric vehicle, wherein the list includes a subset of the one or more potential charging locations and does not include the at least one potential charging location where the different electric vehicle is waiting to be charged; and
determine one or more potential charging locations based upon the location of the electric vehicle, wherein the one or more potential charging locations include homes;
determining a group of electric vehicles within a predetermined distance of the low SOC electric vehicle;
receive charging location information regarding the one or more potential charging locations, wherein the charging location information comprises availability of the one or more potential charging locations and locations of the one or more potential charging locations, and wherein the availability of at least one potential charging location of the one or more potential charging locations indicates that a different electric vehicle is waiting to be charged at the at least one potential charging location;
receiving second vehicle telematics data from the group of electric vehicles, wherein the second vehicle telematics data comprises a route being traveled, travel distance to destination information, remaining battery power information, and power available to transfer information;
generate a list of available charging locations for the electric vehicle, wherein the list includes a subset of the one or more potential charging locations and does not include the at least one potential charging location where the different electric vehicle is waiting to be charged; and
selecting an electric vehicle from the group of electric vehicles within the predetermined distance of the low SOC electric vehicle, wherein the selecting the electric vehicle from the group of electric vehicles comprises selecting the electric vehicle based at least in part upon the first vehicle telematics data and the second vehicle telematics data; and
causing the list to be transmitted to the electric vehicle.
cause the list to be transmitted to the electric vehicle.
cause the list to be transmitted to the electric vehicle.
scheduling a rendezvous point for the low SOC electric vehicle with the selected electric vehicle for recharging the low SOC electric vehicle, the selected electric vehicle having an available battery power bandwidth sufficient to satisfy traveling needs of both the low SOC electric vehicle and the selected electric vehicle.
Conclusion
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/ELIM ORTIZ/Primary Examiner, Art Unit 2836
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