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, 8-10, 15, objected to because of the following informalities:
Re claims 1, 15, as currently drafted the claims omit the basic arrangement of the EVSE, distributed energy resource, and grid, and/or describe their relationship with alternative limitations and vague description, such that the claim may potentially be interpreted significantly broader than what is likely intended and cause potential confusion. Specifically, as drafted the EVSE being “connectable” to a distributed energy resource is somewhat confusing as to whether the distributed energy resource is a required limitation or alternative since further context/operation with the distributed energy resource is not recited. The claim should avoid using slash marks where the meaning could be unclear, such as “charging/discharging a battery of an EV”, which may be unclear if the ability to charge and discharge are both required or only required in the alternative. As drafted there is no context for “a net current being imported from or exported to a grid”, since how/if the grid is connected to any of the other components is not recited, nor is it specified how power is configured to flow through the unspecified system, and therefore it is difficult to determine the meaning of net current without further context. The phrasing “EVSE information that provides the EVSE with a capability to directly or indirectly measure a net current being imported from or exported to a grid” is also confusing and borders non-limiting intended use, since it does not actually describe what the EVSE information is, and what would or would not be considered information providing a capability to measure net current is potentially vague. It is recommended the claim be redrafted to at least provide the basic context and arrangement of the system’s components, and make clear what information is actually being acquired. An example amendment for claim 1 (and similarly applied for claim 15) based on Applicant’s disclosure is as follows, and similar amendments may be appropriate. If further limitations on the structure and operation of the system are intended they should also be explicitly recited.
Claim 1. (Example Amendment) An electric vehicle supply equipment (EVSE) system for electric vehicle (EV) charging/discharging comprising
an EVSE configured to connect to a microgrid comprising a distributed energy resource, the microgrid coupled to a grid to import power from or export power to the grid, the EVSE configured to charge and/or discharge a battery of an EV with power via the microgrid; and
a controller in operative communication with at least one of a communication network, an electronic device of the EV, or a distributed energy resource controller and configured to transmit and receive EVSE information, wherein the controller is configured to measure or indirectly acquire a measurement of the with the microgrid.
Re claim 8, the claim should be amended: “The EVSE system of claim 1, wherein…” to correct typographical errors of the previous amendment.
Re claims 9-11, the claims should be amended to remove use of slash marks where it may be potentially unclear whether the limitations are meant to be both required or only required in the alternative. In claim 9, the meaning of “steer” as opposed to control is also confusing without context, and there is also insufficient context for what the resources are and whether they would even be energy storage devices capable of charging or discharging. Presently, claim 9 will be understood as the controller configured to “control power supply and/or power consumption of the one or more resources” and claims 10-11 will be understood as the controller configured to forecast and control “production and/or consumption of the one or more resources” respectively. It is also generally advised that the claims as drafted provide essentially no specific relationship between the resource and homes with the components introduced in claim 1.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 3, 6, 17, and 20 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Re claims 3, 17, the claims lack sufficient antecedent basis for “the current measurement inputs”, and it is not apparent if the claims intended to refer to the element introduced in claims 2 and 16, respectively, or intended to introduce a new element. It is recommended the claims be amended to depend on claims 2 and 16, respectively, and refer to “the current measurement input” for consistency, and for purposes of examination the claims will be interpreted in this manner. Other similar amendment to provide proper introduction of the element may also be appropriate.
Re claims 6, 20, the term “about 19 kW” is a relative term which renders the claim indefinite. The term “about 19 kW” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Applicant’s corresponding PGPUB (US2026/0291246): [0029-0030] and other sections give a specific example of an EV capable of import/export up to 19.2 kW specifically, but there appears to be no definition of what values would be considered or not considered to be “about 19 kW”. Additionally, as presently drafted there is unclear relation between the EV and the grid, which even in the disclosed embodiments are not directly connected, and it appears the intended limitation is meant to only refer to how much the EV can draw from the residential power network or whatever power network it is connected to (i.e. may exchange power with other sources, not just the grid as discussed in PGPUB: [0029-0030]). Applicant should amend the claims to remove the undefined relative terminology and use definite claim language to specify the scope of the limitation, as well as ensure the limitation provides clear relationship, for example: “wherein the EV is configured to import and export up to 19.2 kW
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 (i.e., changing from AIA to pre-AIA ) 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.
Claim(s) 1-2, 4-5, 7, 14-16, 18-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by TenHouten (US2022/0089055).
Re claim 1. TenHouten teaches an electric vehicle supply equipment (EVSE) system for electric vehicle (EV) charging/discharging (see TenHouten: Fig. 1) comprises:
an EVSE (EV Charging System <100>) connectable to a distributed energy resource (external solar array <197>, integrated battery <120>) for charging/discharging a battery of an EV (EV <190>, see TenHouten: [0023], [0028], [0032], [0044], [0076], Fig. 1 regarding EV charging system connected to receive power from external solar array and integrated battery, and operating to charge EV battery and/or discharge power from EV back to grid); and
a controller (system controller <150>) in operative communication with at least one of a communication network (see TenHouten: [0029], [0038], [0049], Fig. 1, 4A regarding communication links to current sensors <170>, external electrical grid <195> and additional EV charging systems <109>), an electronic device of the EV (see TenHouten: [0039] Fig. 1 regarding communication with EV devices), or a distributed energy resource controller (see TenHouten: [0040], [0042], Fig. 1 regarding communicating with external solar array <197>) and configured to transmit and receive EVSE information that provides the EVSE with a capability to directly or indirectly measure a net current being imported from or exported to a grid (external electrical grid <195>, see TenHouten: [0029-0030], [0038], [0040], [0049-0052] Figs. 1, 4A regarding current sensors <170> at grid connector <130> and also communication to/from external grid <195> and additional EV charging systems <109> to measure current from grid and determine available grid power from the grid). See TenHouten: [0023-0032], [0038], [0040], [0044], [0049-0052], [0076], Figs. 1, 4A. Note that as currently drafted a large variety of prior art, some of which are noted below, may similarly anticipate the claim limitations under broadest reasonable interpretation.
Re claim 2. TenHouten teaches the EVSE system of claim 1, wherein the controller is further configured to use a current measurement input to directly measure the net current being imported from or exported to the grid (see TenHouten: [0049-0052], Fig. 1 regarding current sensors <170> implemented as current sense transformers to measure current from grid).
Re claim 4. TenHouten teaches the EVSE system of claim 1, wherein the controller is further configured to use communication protocols to a remote measurement to indirectly measure the net current being imported from or exported to the grid (see TenHouten: [0029-0030], [0038], [0040], [0049-0052] Figs. 1, 4A regarding communication coupling, i.e. necessarily using some kind of communication protocol, to current sensors <170> and also to external grid <195> to measure current from grid and determine available grid power from the grid; note manner of remote arrangement not specified by claims, see generally also other relevant cited art below).
Re claim 5. TenHouten teaches the EVSE system of claim 1, wherein the EVSE is in operative communication with the EV via one of wired or wireless communication for controlling a charging/discharging rate of the EV (see TenHouten: [0028], [0030-0031] [0036], [0038-0040], Fig. 1 regarding communication to EV using wired or wireless communications for EV charging requirements and control of charging rate based thereon).
Re claim 7. TenHouten teaches the EVSE system of claim 1, wherein the EVSE is in operative communication with a transformer of the grid via one of wired or wireless communication for controlling a charging/discharging rate of the EV (see TenHouten: [0029-0030], [0038], [0040], [0049-0052] Figs. 1, 4A regarding communication coupling to current transformers <170> for the external grid used to control charging/discharging of EV based on available power).
Re claim 14. TenHouten teaches the EVSE system of claim 1,wherein the electronic device of the EV is at least one of a uni-directional or bi- directional converter (limitation only required in the alternative).
Re claim 15. TenHouten teaches an energy management system (see TenHouten: Fig. 1), comprising:
a distributed energy resource (external solar array <197>, integrated battery <120>);
a distributed energy resource controller (system controller <150>, see TenHouten: [0040], [0042], Fig. 1 regarding controller also communicating with external solar array <197> to receive data and control position) configured to provide operative control of the distributed energy resource and/or receive data or information from the distributed energy resource; and
an electric vehicle supply equipment (EVSE) system for electric vehicle (EV) charging/discharging (see TenHouten: Fig. 1) comprising:
an EVSE (EV Charging System <100>) connectable to the distributed energy resource (external solar array <197>, integrated battery <120>) for charging/discharging a battery of an EV (EV <190>, see TenHouten: [0023], [0028], [0032], [0044], [0076], Fig. 1 regarding EV charging system connected to receive power from external solar array and integrated battery, and operating to charge EV battery and/or discharge power from EV back to grid); and
a controller (system controller <150>) in operative communication with at least one of a communication network (see TenHouten: [0029], [0038], [0049], Fig. 1, 4A regarding communication links to current sensors <170>, external electrical grid <195> and additional EV charging systems <109>), an electronic device of the EV (see TenHouten: [0039] Fig. 1 regarding communication with EV devices), or the distributed energy resource controller and configured to transmit and receive EVSE information that provides the EVSE with a capability to directly or indirectly measure a net current being imported from or exported to a grid (external electrical grid <195>, see TenHouten: [0029-0030], [0038], [0040], [0049-0052] Figs. 1, 4A regarding current sensors <170> at grid connector <130> and also communication to/from external grid <195> and additional EV charging systems <109> to measure current from grid and determine available grid power from the grid). See TenHouten: [0023-0032], [0038], [0040], [0044], [0049-0052], [0076], Figs. 1, 4A.
Re claims 16, 18-19, the further recited limitations essentially correspond to the limitations recited in claims 2, 4-5, respectively, and are therefore rejected by the same reasoning applied above.
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 (i.e., changing from AIA to pre-AIA ) 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.
Claim(s) 3, 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tenhouten in view of Heyne (US2021/0138926).
Re claim 3. As best understood, TenHouten teaches the EVSE system of claim 1, wherein the current measurement inputs are provided by a current transformer (see TenHouten: [0049-0052], Fig. 1 regarding current sensors <170> implemented as current sense transformers to measure current from grid) but does not explicitly disclose providing the current transformer in a load center (note generally the claim does not specify structure/arrangement of the load center though). Heyne, however, teaches that it is known in the art of power distribution and management systems between grid, distributed resources, and EV charging systems for current sensors to be disposed in a load center (see Heyne: [0037], [0040], [0074-0078], Fig. 1 regarding providing current transformer in load center structure to measure current from grid). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Tenhouten in view of Heyne by having the current sensors for measuring grid current and determining available grid power of TenHouten be implemented using the known arrangement of Heyne to predictably enable the system to measure and determine the current from the grid to determine power available for the EV chargers (see Heyne: [0037], [0040], [0074-0078], Fig. 1; TenHouten: [0029-0030], [0038], [0040], [0049-0052] Figs. 1, 4A).
Re claim 17, as best understood, the further recited limitations essentially correspond to the limitations recited in claim 3, and are therefore rejected by the same reasoning applied above.
Claim(s) 6, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tenhouten.
Re claim 6. As best understood, TenHouten teaches the EVSE system of claim 1, wherein the EV is configured to import and export about 19 kW from the grid (see TenHouten: [0003], [0030], [0076], Fig. 1 regarding arrangement with an EV that could require charging power of 50 kW and controlled to be lower, and also able to supply power back to grid). TenHouten does not explicitly limit the vehicle import power to up to 19 kW (see rejection under 35 USC 112(b) regarding unclear range) or specify the reverse rate power range, but it would be obvious to design the system to be compatible with EV capable of import and export up to 19 kW since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. See also MPEP: 2144.05, II. One of ordinary skill would find it generally obvious to scale the power capabilities of the EV and system depending on current technological limitations, power capabilities of the intended application area, and user’s desired power levels (see TenHouten: [0003], [0030], [0076]).
Re claim 20, as best understood, the further recited limitations essentially correspond to the limitations recited in claim 6, and are therefore rejected by the same reasoning applied above.
Claim(s) 8-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tenhouten in view of Logvinov (US2020/0023747).
Re claim 8. TenHouten teaches the EVSE system
Re claims 9-10. TenHouten teaches the EVSE system of claim 1, wherein the controller is further configured to monitor one or more resources in a first home to steer/control charging/discharging of the one or more resources in the first home and monitor one or more resources in one or more other homes (see TenHouten: [0029], [0034], [0038], [0067], [0076], [0094], Figs. 1 regarding system controller monitoring and controlling EV resource charging and also monitoring EV charging resource consumption from other homes). TenHouten does not explicitly disclose details of the grid connection including a common transformer, and forecasting production/consumption of the one or more resources in the first home and one or more resources in the one or more other homes. Logvinov, however, teaches that it is known in the art of residential power supply arrangement for homes connected to the grid and having EV chargers for the homes to be connected to a common transformer of the grid (see Logvinov: [0007-0009], [0064], Figs. 1-3 regarding known residential grid supply arrangement with common transformer supplying multiple houses with respective EV chargers) and also control to forecast production/consumption of the one or more resources in the first home and one or more resources in the one or more other homes (see Logvinov: [0079], [0091], [0102], Fig. 1 regarding forecasting EV resource consumption from scheduling information/expected consumption and other resource forecast to control total power consumption from the grid). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of TenHouten to incorporate the teachings of Logvinov by having the overall system arranged to connect multiple similar EV charging capable homes to common grid transformer as taught by Logvinov for purposes of providing well-known utility power grid supply arrangement to houses, which may predictably coordinate to ensure collective power draw does not overload the grid (see Logvinov: [0007-0009], [0064], [0092], Figs. 1-3; TenHouten: [0029], [0034], [0038]) and also to include control to forecast production/consumption of resources of multiple homes for purposes of enabling the system to adjust power draw from the grid based on expected overall consumption from the local grid to avoid overloading (see Logvinov: [0079], [0091], [0102], Fig. 1).
Re claim 11. TenHouten in view of Logvinov teaches the EVSE system of claim 9, wherein the controller is further configured to control production/consumption of the one or more resources in the first home and the one or more resources in the one or more other homes based on at least one of a utility restriction, generation restriction, substation restriction, or network restriction (see TenHouten: [0030], [0057-0059], Fig. 1 regarding control of EV resource consumption based on utility/substation/network restriction on available grid power or instructions to reduce consumption; see also similarly: Logvinov: [0092], [0100]).
Re claim 12. TenHouten in view of Logvinov teaches the EVSE system of claim11, wherein the utility restriction comprises at least one of a fixed variant or time variant constraint that allows the controller to charge the EV within utility limits (see TenHouten: [0030], [0057-0059], Fig. 1 regarding real time constraints on available grid power; see also similarly: Logvinov: [0092], [0100] regarding fixed infrastructure limitations; note limitation is only required in the alternative).
Re claim 13. TenHouten in view of Logvinov teaches the EVSE system of claim 12, wherein the controller is further configured to receive, from a utility, dynamic physical layer constraints comprising at least one of a capacity constraint, a frequency constraint, or an infrastructure constraint that pertains to energy going in and out of the home or the other homes (see TenHouten: [0030], [0055], [0057-0059], Fig. 1 regarding receiving real time constraints relating to the physical grid on available grid power/capacity and grid frequency falling; see also similarly: Logvinov: [0092], [0100] regarding fixed infrastructure limitations).
Conclusion
In summary, it is recommended Applicant address the noted issues, and consider the variety of cited prior art of record which discloses a variety of EVSE charging systems which will monitor current from grid and perform various control based thereon. If Applicant believes the intended EVSE charging system uses components operating in manner distinguished and nonobvious over the various prior art arrangements, it is strongly recommended that Applicant amend the claims to completely recite all specific intended components, their specific connection arrangement/relationship with each other, and then particular manner of operating to utilize particular information and control each of the corresponding components in intended manner, since otherwise a variety of prior art could potentially apply to individual features alone and under broadest reasonable interpretation. Applicant is cautioned that claim language is given broadest reasonable interpretation during examination.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Yanagihara (JP2019/033636A) and Dang (CN116614055A) also disclose residential EV charging systems with distributed energy resource having control based on current sensing, highly relevant to the claimed limitations.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID A SHIAO whose telephone number is (571)270-7265. The examiner can normally be reached Mon-Fri: 8:30AM-5:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rexford Barnie can be reached at (571) 272-7492. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAVID A SHIAO/Examiner, Art Unit 2836
/REXFORD N BARNIE/Supervisory Patent Examiner, Art Unit 2836
