DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . The amendment filed 03/13/2026 has been received and considered. Claim 1 is presented for examination.
Claim Objections
Claim 1 has several periods. For examination purposes, Examiner interprets all but the last period as extraneous.
Claim 1, lines 81 and 85 include the typo “ ;”. Examiner interprets as “;" for examination purposes.
Appropriate correction or clarification 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.
Claim 1 is 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 applicant regards as the invention.
Claim 1 recites the limitation "each cluster of the group of wind and solar power plants" in line(s) 31-32. There is insufficient antecedent basis for this limitation in the claim. There is only one "cluster" anteceding this limitation.
Claim 1 recites the limitation "this power output error function" in line(s) 29. There is insufficient antecedent basis for this limitation in the claim. While there is an "output error function" anteceding this limitation in the claim, there is no "power output error function" anteceding this limitation.
Appropriate correction or clarification is required.
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.
Claim 1 is rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception without any additional elements that provide a practical application or amount to significantly more than the abstract idea.
Independent claim 1, Step 1: method (process = 2019 PEG Step 1 = yes).
Independent claim 1, Step 2A, Prong One: Claim recites:
for describing power output of a cluster of wind and solar power stations considering time-varying characteristics, wherein comprising the following steps:
(1) for the problem of dividing a time period of a daily output process of a group of wind and solar power plants, an output error function is used as the evaluation criterion for the time period division, so that output characteristics of the group of wind and solar power plants in the same time period be consistent, and a calculation formula is as follows:
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where: F indicates a value of the output error function, a larger the value of the output error function, a worse the time division effect, a smaller the value of the output error function, a better the time division effect; K is the number of time slots; tk,tk indicates the node of a time interval division; F indicates a sum of squared errors in a output data of the group of wind and solar power plants at each moment in time period tk-1-tk, a larger Ftk-1-tk indicates a larger difference in the output data of the group of wind and solar power plants in that time period, and vice versa; D is a total number of days of the output characteristics of the group of wind and solar power plants; d indicates the d th day; Pt,d indicates a output rate of a cluster of wind and solar power plants at a tth moment of the dth day; Pavgd,tk-1-tk, indicates an average value of the output rate of the wind and solar power plant group at each moment in time period tk-1-tk on the d th day; lk indicates a number of sampling points in time period tk-1-tk; Pt,d indicates a output of the cluster of wind and solar power plants at the tth moment of the d th day, megawatt(MW); Pc is a total installed capacity of the cluster of wind and solar power plants, MW;
(2) for a problem of optimal splitting nodes under a number of daily power output process of the wind and solar power plant group at any time division, a splitting hierarchical clustering-based time division method is constructed, and an actual power output process of each wind and solar power plant group is used as the characteristic input, and an optimal time division is determined by hierarchical splitting with this power output error function as the evaluation criterion; the specific steps are as follows…
step 2. iterating through the output of each time period in a day, divide the 24 hours of the day into two segments, and calculate the value of this output error function corresponding to all time nodes according to Equation (1), and the result is expressed as the following equation;
[F20-1-T, F20-2-T, F20-t2-T,…, F20-(T-1)-T,];
where: F20-t2-T indicates a value of this output error function when dividing a day into two segments 0-t2 and t2-T; T is a number of sampling points, when sampling in hourly steps, T = 24; when sampling in 15-minute steps, T = 96;
(mathematical concepts)
step 3. identifying a minimum value of this output error function when divided into 2 time periods;
(mental concepts)
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assuming that a time slot split node corresponding to F2min is t*,the day is divided into 2 segments, noted as (0-t2*,t2*-T), after a first level of splitting;
step 4. Traversing 0-t2* and t2*-T within each time out, because t3 may be located in 0-t2* or time t2*-T, so there will be two types of cases: (0- t2*,t2*-t3,t3-T) or (0-t3,t3-t2*,t2*-T), then determine an optimal split node according to the following formula:
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assuming that the time slot split nodes corresponding to F3min. are t2* and t* in that order, a day is divided into 3 segments, noted as (0-t2*,t2*-t3*t, t3*-T), after a second level of splitting; step 5. in accordance with step 4, the optimal segmentation nodes and a corresponding minimum value of this output error function [F1min,F2min,…FTmin] under different time period division quantities are obtained in turn, until a maximum time period division quantity reaches T; (3) to determine an optimal number of time slots for the daily output process of the wind and solar power plant group, the output efficiency index is used as a criterion, and a number of time slots corresponding to the maximum output efficiency index is taken as a final number of time slots; specific steps are as follows: step 1. defining revenue as a degree of reduction of this output error function and cost as a degree of increase of the time slot division quantity, calculated as follows:
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where: ϵ
n
denotes the degree of reduction of this output error function when the number of time slots is n; δn denotes the degree of increase in the number of time slots when the number of time slots is n; Fmax and Fmin indicate the maximum and minimum values of this output error function Fmax = max (F1max,F2max,…,FTmax) and Fmin=min(F1min, F2min,…,FTmin), respectively; ηmax and ηmin indicate the maximum and minimum values of the number of time periods divided ηmax=T, ηmin=1, respectively;
step 2. calculating the benefits under different time division quantities of the daily output process of the wind and solar power plant cluster according to the revenue and cost, the formula is as follows:
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(mathematical concepts)
step 3. identifying the number of time slots corresponding to the maximum benefit n* as the final number of time slots
(mental concepts)
(4) to establish the probability distribution of power output for each time period of the wind and solar power plant group by using the kernel density estimation method for a problem of uncertain power output description of the wind and solar power plant group; this method is a nonparametric method used to estimate the probability density function, x1,x2,…,xn for n samples of the random variable X; let its probability density function be fh(x):
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where: h is a smoothing parameter, also known as the bandwidth; K(.) is a kernel function, and Gaussian kernel function is chosen; the fh(x) will inherit the continuity and differentiability of K(.); if the Gaussian kernel function is chosen, then fh(x) can be differentiated to any order; n samples p1, p2,..., pn of the output rate Pt,d of the cluster of wind and solar power plants are brought into the above equation (2) to derive the corresponding probability density function fh(P) of the output of the cluster of wind and solar power plants;
a cumulative probability distribution Fp of the output of the cluster of wind and solar power plants is obtained by integrating fh(P), as follows:
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according to the cumulative probability distribution F, the possible variation interval of the output power of the wind and solar power plant group under different confidence levels is found
(mathematical concepts)
The limitations are substantially drawn to mathematical concepts: mathematical relationships, formulas or equations, and calculations and mental concepts: observation, evaluation, judgment, opinion. Information and data also fall within the realm of abstract ideas because information and/or data are intangible. See Electric Power Group1 (Electric Power hereinafter): “Information… is an intangible”.
As to the limitations "for describing power output of a cluster of wind and solar power stations considering time-varying characteristics”, under its broadest reasonable interpretation, the describing is a mathematical concept: calculations. The specification reads: "invention adopts the probability density distribution function to describe the power output of the wind and solar power cluster" (see page 6, next to last paragraph). The claimed invention further reads “a cumulative probability distribution Fp of the output of the cluster of wind and solar power plants is obtained by integrating fh(P), as follows:
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”.
As to the limitations "step 3. identifying a minimum value of this output error function when divided into 2 time periods" and "step 3. identifying the number of time slots corresponding to the maximum benefit n* as the final number of time slots", they entail a user deciding which information is a minimum; and which information (number of time slots) correspond to a maximum – mental processes including observing, evaluating, and judging.
If a claim limitation, under its broadest reasonable interpretation, covers abstract ideas, then it falls within groupings of abstract ideas (2019 PEG Step 2A, Prong One: Abstract Idea Grouping? = Yes).
Independent claim 1, Step 2A Prong two: As to the limitations “step 1. inputting the actual power output process sequence of each cluster of the group of wind and solar power plants", these limitations describe the concept of “mere data gathering”. Data gathering, including when limited to particular content does not change its character as information, is also within the realm of abstract ideas. Data gathering has not been held by the courts to be enough to qualify as “significantly more”. See Electric Power. See also MPEP § 2106.05(g).
The additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea (2019 PEG Step 2A, Prong Two: Additional elements that integrate the Judicial Exception/Abstract idea into a practical application?= NO).
Independent claim 1, Step 2B: As discussed with respect to Step 2A, claim recites data gathering at a high level of generality; and therefore, these limitations remain insignificant extra-solution activity even upon reconsideration. See MPEP § 2106.05(g).
Thus, taken alone the individual additional elements do not amount to significantly more than the above-identified judicial exception (the abstract idea). Looking at the additional elements as an ordered combination adds nothing that is not already present when looking at the additional elements taken individually. There is no indication that their combination improves the functioning of a computer itself or improves any other technology (underline emphasis added). Therefore, the claim does not amount to significantly more than the abstract idea itself (2019 PEG Step 2B: NO).
Allowable Subject Matter
Claim 1 is allowable over prior art of record. It will be allowed once all outstanding rejections/objections are traversed.
A reason for the indication of allowable subject matter was provided in the Office Action dated 12/16/2025.
Response to Arguments
Regarding the claim objections, the amendment did not correct all deficiencies.
Regarding the Claim Rejections - 35 USC § 112, the amendment did not correct all deficiencies.
Regarding the rejections under 101, Applicant's arguments have been considered, but they are not persuasive. Applicant argues, (see page 6, 5th paragraph to page 11, 1st paragraph):
‘… The method in claim 1 provides an accurate model for describing power output processes, directly applied to real-world grid optimization, such as testing in the Yunnan power grid. This is not mere mathematical calculation but a concrete application in the technical field of power systems.
(2) Evidence of integration into a practical application
• Practical framework of the method…
• Integration of economic benefits: Claim 1 introduces an output efficiency index (based on revenue-cost concepts) to determine the optimal number of periods, avoiding subjective randomness. This reflects real-world economic dispatch needs in power systems, not abstract ideas…
• Practical application of test results: The specification demonstrates that the method was tested on 21 wind and solar stations in Yunnan with 15-minute data, showing improved reliability (e.g., 99.3% at 90% confidence) and concentration.
These results prove the method's technical contribution in real scenarios…
Referencing Ex parte King (Appeal No. 2020-002685),the Board emphasized that claims ''represent an improvement in technology'' when integrated into a practical application. Similarly, this invention improves wind and solar power description technology…
Claim 1 is directly applied to physical wind and solar power clusters, involving real parameters like total installed capacity (Pc), actual output data (Pt,d), and grid dispatch operations. All mathematical symbols (e.g., Pt,d or F ) have physical meanings (e.g., output rate, error value), not abstract variables. Thus, the invention similarly embeds mathematical tools into practical infrastructure, providing significantly more…’
MPEP 2106.05(h) Field of Use and Technological Environment [R-10.2019] reads (underline emphasis added):
"Another consideration when determining whether a claim integrates the judicial exception into a practical application in Step 2A Prong Two or recites significantly more than a judicial exception in Step 2B is whether the additional elements amount to more than generally linking the use of a judicial exception to a particular technological environment or field of use. As explained by the Supreme Court, a claim directed to a judicial exception cannot be made eligible "simply by having the applicant acquiesce to limiting the reach of the patent for the formula to a particular technological use." Diamond v. Diehr... Thus, limitations that amount to merely indicating a field of use or technological environment in which to apply a judicial exception do not amount to significantly more than the exception itself, and cannot integrate a judicial exception into a practical application… vi. Limiting the abstract idea of collecting information, analyzing it, and displaying certain results of the collection and analysis to data related to the electric power grid, because limiting application of the abstract idea to power-grid monitoring is simply an attempt to limit the use of the abstract idea to a particular technological environment, Electric Power… a data gathering step that is limited to a particular data source (such as the Internet) or a particular type of data (such as power grid data or XML tags) could be considered to be both insignificant extra-solution activity and a field of use limitation. See, e.g., Ultramercial, Inc. v. Hulu2… (limiting use of abstract idea to the Internet); Electric Power”.
Examiner's response: Applicant's argument is not persuasive, because the argued “applied to real-world grid optimization… Practical framework of the method… Integration of economic benefits… Practical application of test results" amounts to merely indicating a field of use or technological environment in which to apply a judicial exception. See MPEP 2106.05(h) supra. The claimed invention falls short of actually embedding "mathematical tools into practical infrastructure", as argued. Claim 1 is mute about "practical infrastructure", as argued.
As set forth in the previous Office Action, as to the limitations "for describing power output of a cluster of wind and solar power stations considering time-varying characteristics”, under its broadest reasonable interpretation, the describing is a mathematical concept: calculations. The specification reads: "invention adopts the probability density distribution function to describe the power output of the wind and solar power cluster" (see page 6, next to last paragraph). The claimed invention further reads “a cumulative probability distribution Fp of the output of the cluster of wind and solar power plants is obtained by integrating fh(P), as follows:
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”.
As set forth in the previous Office Action, the limitations “step 1. inputting the actual power output process sequence of each cluster of the group of wind and solar power plants", describe the concept of “mere data gathering”. Data gathering is well-understood, routine, and conventional activity previously known to the industry that does not add significantly more. Data gathering, including when limited to particular content does not change its character as information, is also within the realm of abstract ideas. See Electric Power. MPEP 2106.05(g) Insignificant Extra-Solution Activity [R-10.2019] reads: “When determining whether an additional element is insignificant extra-solution activity, examiners may consider the following… (3) Whether the limitation amounts to necessary data gathering and outputting, (i.e., all uses of the recited judicial exception require such data gathering or data output). See Mayo3…".
Therefore, the rejections are maintained.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 JUAN CARLOS OCHOA whose telephone number is (571)272-2625. The examiner can normally be reached Mondays, Tuesdays, Thursdays, and Fridays 9:30AM - 7:00 PM.
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/JUAN C OCHOA/Primary Examiner, Art Unit 2186
1 Electric Power Group, LLC v. Alstom S.A., 119 USPQ2d 1739 Fed. Cir. 2016
2 Ultramercial, Inc. v. Hulu, LLC, 772 F.3d 709, 716-17, 112 USPQ2d 1750, 1755-56 (Fed. Cir. 2014)
3 Mayo, 566 U.S. at 79, 101 USPQ2d at 1968
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