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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 21-40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-17 of U.S. Patent No. U.S. 11,958,373. Although the claims at issue are not identical, they are not patentably distinct from each other because the scope of the patent and application overlap any minor differences are considered obvious variances. In other words the application and patent are not patentably distinct or distinguished from the earlier claims.
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39. A computer-implemented method for electric vehicle charging management associated with a plurality of electric vehicles, the computer-implemented method implemented by at least one processor in communication with at least one memory, the computer-implemented method comprising:
30. At least one non-transitory computer-readable storage medium with instructions stored thereon for electric vehicle charging management associated with a plurality of electric vehicles, wherein the instructions, when executed by at least one processor, cause the at least one processor to:
1. A computing system for electric vehicle charging management associated with a plurality of electric vehicles, the computing system comprising: at least one memory with instructions stored thereon; and 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:
1. A computer-implemented method for recharging the battery of an electric vehicle with a low state of charge (SOC), the method being implemented via one or more local or remote processors, transceivers, servers, and/or sensors, the method comprising:
determining that an electric vehicle of the plurality of electric vehicles has a state of charge (SOC) below a threshold;
determine that an electric vehicle of the plurality of electric vehicles has a state of charge (SOC) below a threshold;
determine that an electric vehicle of the plurality of electric vehicles has a state of charge (SOC) below a threshold;receive first vehicle telematics data associated with the electric vehicle, the first vehicle telematics data comprising at least one of first speed data, first direction data, first route data, or first location data;
determining, via one or more processors, an electric vehicle has a state of charge (SOC) below a predetermined threshold;
receiving first vehicle telematics data associated with the electric vehicle, the first vehicle telematics data comprising at least one of first speed data, first direction data, first route data, or first location data;receiving second vehicle telematics data associated with a group of electric vehicles comprising a subset of the plurality of electric vehicles, the second vehicle telematics data comprising at least one of SOC data, second speed data, second direction data, second route data, or second location data;
receive first vehicle telematics data associated with the electric vehicle, the first vehicle telematics data comprising at least one of first speed data, first direction data, first route data, or first location data; receive second vehicle telematics data associated with a group of electric vehicles comprising a subset of the plurality of electric vehicles, the second vehicle telematics data comprising at least one of SOC data, second speed data, second direction data, second route data, or second location data;
receive second vehicle telematics data associated with a group of electric vehicles comprising a subset of the plurality of electric vehicles, the second vehicle telematics data comprising at least one of SOC data, second speed data, second direction data, second route data, or second location data;
when the SOC is determined to be below the predetermined threshold, determining, via the one or more processors, electric vehicles within the vicinity of, or a predetermined distance of, the low SOC vehicle's GPS location;
selecting a charging electric vehicle from the group of electric vehicles based at least in part upon the first vehicle telematics data and the second vehicle telematics data; and
select a charging electric vehicle from the group of electric vehicles based at least in part upon the first vehicle telematics data and the second vehicle telematics data; and
select a charging electric vehicle from the group of electric vehicles based at least in part upon the first vehicle telematics data and the second vehicle telematics data; and
from among the electric vehicles within the predetermined distance of the low SOC vehicle, ranking, via the one or more processors, the electric vehicles based upon various factors including at least two selected from a group consisting of (a) distance to the low SOC vehicle, (b) similarity of route being traveled to the route of the low SOC vehicle; (c) travel distance to destination remaining; (d) remaining battery power or remaining miles based on current battery power; and (e) power available to transfer;
electronically scheduling a rendezvous point for the electric vehicle and the charging electric vehicle based at least in part upon the first vehicle telematics data and the second vehicle telematics data such that the charging electric vehicle has a sufficient SOC to travel to the rendezvous point and recharge the electric vehicle.
electronically schedule a rendezvous point for the electric vehicle and the charging electric vehicle based at least in part upon the first vehicle telematics data and the second vehicle telematics data such that the charging electric vehicle has a sufficient SOC to travel to the rendezvous point and recharge the electric vehicle.
electronically schedule a rendezvous point for the electric vehicle and the charging electric vehicle based at least in part upon the first vehicle telematics data and the second vehicle telematics data such that the charging electric vehicle has a sufficient SOC to travel to the rendezvous point and recharge the electric vehicle.
scheduling, via the one or more processors or associated transceivers, a rendezvous for the low SOC vehicle with the highest ranked electric vehicle for recharging the low SOC vehicle, the highest ranked electric vehicle having an available battery power bandwidth sufficient to satisfy traveling needs of both the low SOC vehicle and the highest ranked electric vehicle;
determining, via the one or more processors, time constraints or availability of the ranked electric vehicles to charge; and
re-ranking or eliminating one or more of the ranked vehicles based upon the determined or evaluated time constraints or availability.
Conclusion
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/ELIM ORTIZ/Primary Examiner, Art Unit 2836
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