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
Applicant’s arguments with respect to claim(s) 20-39 have been considered but are moot in view of the new grounds of rejection necessitated by the applicant’s amendments to the claims.
Drawings
The amended drawings of 08/25/25 are accepted.
Claim Objections
Claim 20 is objected to because of the following informalities:
Claim 20 has been amended to disclose the limitation, “including image information of the camera for converting the global irradiance of the solar radiation in the plane of the radiation sensor unit into the at least one of the components the global irradiance in the horizontal plane to form the measurement data from the radiation sensor unit by using an intensity of RGB channels of the camera for converting measured values of the camera.” This is a minor grammatical informality. It will be construed that the claim should state, “including image information of the camera for converting the global irradiance of the solar radiation in the plane of the radiation sensor unit into the at least one of the components of the global irradiance in the horizontal plane to form the measurement data from the radiation sensor unit by using an intensity of RGB channels of the camera for converting measured values of the camera.” (emphasis mine).
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 25-27, 29, 35-37, and 39 are 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.
Claim 25 discloses, “wherein the determination of the global irradiance of the solar radiation in the horizontal and/or inclined plane …” The presence of “and/or” renders the claim indefinite for reasons discussed in the previous action. For the purposes of examination, the limitation will be interpreted to state, “wherein the determination of the global irradiance of the solar radiation in the horizontal or inclined plane …”
Claim 26 discloses, “wherein a determination of the diffuse radiation in the horizontal and/or inclined plane …” The presence of “and/or” renders the claim indefinite for reasons discussed in the previous action. For the purposes of examination, the limitation will be interpreted to state, “wherein a determination of the diffuse radiation in the horizontal or inclined plane …”
Claim 27 depends on claim 26 and is rejected as a result of its dependency.
Claim 29 discloses, “wherein at least one sensor of the radiation sensor unit and at least one sensor or the camera are each arranged in the horizontal plane in such a way that the field of view of the two sensors in each case is above the horizontal plane and flush with the horizontal plane.” It is unclear what “in each case” is referring to. Is it referring to the pairing of one sensor of the radiation sensor and one sensor of the camera? Is it referring to the cases where there may be more than one sensor of the radiation sensor unit and more than one sensor of the camera unit? For the purposes of examination, any disclosure of radiation sensor unit and camera unit in proximity to one another will be construed to anticipate the claim.
Claims 36-37 depend on claim 29 and are also rejected as a result of their dependency.
Claim 35 states, “wherein the radiation sensor unit is designed such that a recording of measurement data by the radiation sensor unit is carried out with high temporal resolution.” However, the claim gives no definition or context of what qualifies as “high temporal resolution” versus “low temporal resolution.” Therefore, the scope of the claim is indefinite. The examiner suggests qualifying “high” and “low” with specific values.
Claim 39 has been amended to state, “including image information of the camera for converting the global irradiance of the solar radiation in the plane of the radiation sensor unit into the global irradiance of the solar radiation inclined with respect to the plane of the radiation sensor unit into the at least one of the components the global irradiance in the plane inclined with respect to the horizontal plane to form the measurement data from the radiation sensor unit by using an intensity of RGB channels of the camera for converting measured values of the camera.” (emphasis mine). This limitation has two “into” clauses. The bolded clause appears to be extraneous, which leads to the claims being indefinite. The second into clause is also missing a word in the phrase, “into at least one of the components the global …” It will be construed that the claim should state, “including image information of the camera for converting the global irradiance of the solar radiation in the plane of the radiation sensor unit into the at least one of the components of the global irradiance in the plane inclined with respect to the horizontal plane, to form the measurement data from the radiation sensor unit by using an intensity of RGB channels of the camera for converting measured values of the camera.” The comma between “horizontal plane” and “to form” was added to assist in readability.
Appropriate correction is required.
Examiner’s Note - 35 USC § 101
For the same reasons discussed in a previous action, claims 20-39 qualify as eligible subject matter under 35 USC § 101.
Claim Rejections - 35 USC § 103
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) 20-22 and 28-39 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kuhn et al NPL (Kuhn, Pascal; Nouri, Bijan; Wilbert, Stefan; Prahl, Christoph; Kozonek, Nora; Schmidt, Thomas; Yasser, Zeyad; Ramirez, Lourdes; Zarzalejo, Luis; Meyer, Angela; Vuilleumier; Heinemann, Detlev; Blanc, Philippe; and Pitz-Paal, Robert – “Validation of an all-sky imager-based nowcasting system for industrial PV plants”; Prog Photovolt Res Appl. 2018; 26:608-621.) in view of Bernecker et al NPL (Bernecker, David; Riess, Christian; Angelopoulou, Elli; and Hornegger, Joachim – “Continuous short-term irradiance forecasts using sky images”; Solar Energy 110 (2014) 303-315). Please note that Bernecker et al NPL is incorporated by reference into Kuhn et al NPL as reference 34 on page 621 of Kuhn et al NPL.
With respect to claim 20, Kuhn et al NPL discloses:
A method for the determination of at least one component of a global irradiance of solar radiation in a horizontal plane (The abstract states, “In this paper, we present the validation of nowcasted global horizontal irradiance (GHI).” This satisfies a reading of, “A method for the determination of a global irradiance of solar radiation in at least one of the components of the global irradiance in a horizontal plane.”)
the components comprising direct radiation, diffuse radiation, radiation reflected on the ground (page 609, column 2, paragraphs 1-2 state, “With the sun position and the surface elevations known, the shadows on the ground are deduced … The validated WobaS-4cam system is located at PSA and has access to DNI, GHI, and DHI (diffuse horizontal irradiance) measurements and is able to predict GHI, DNI, and GTI (global tilted irradiance maps.” The various types of radiation components are suggested by the various types of irradiance measurements and predictions disclosed by the art.)
with a device comprising at least the radiation sensor unit, a camera and an evaluation unit which is provided for evaluating measurement data from the radiation sensor unit and from the camera (page 609, column 2, last paragraph of section 1 states, “The validation of the nowcasted irradiance maps is conducted via pyranometer (GHI) and pyrheliometer (DNI) measurements (Section 3.1) and with a reference shadow camera system (Section 3.2).” The abstract states, “Nowcasting systems use the input of upward-facing cameras to predict future irradiances … we present the validation of nowcasted global horizontal irradiance (GHI) and direct normal irradiance maps derived from an example system consisting of 4 all-sky cameras …”; page 609, column 2, second paragraph states, “The validated WOBaS-4 cam system is located at PSA and has access to DNI, GHI, and DHI (diffuse horizontal irradiance) measurements and is able to predict GHI, DNI, and GTI (global tilted irradiance) maps.”; page 619, column 1, paragraph 3 states, “In the absence of a shadow camera system acting as a reference, auto-evaluations could be considered. For the whole validation period, such auto-evaluations of the WobaS-4cam system were performed. Auto-evaluations compare predicted irradiance maps for future timestamps with irradiance maps predicted on and for these timestamps. The WoBaS-4cam system thus evaluates itself (‘auto-evaluation’).”)
determining, with the radiation sensor unit, the irradiance of solar radiation in a field of view of 180° above a plane of the radiation sensor unit (page 609, column 2, last paragraph of section 1 states, “The validation of the nowcasted irradiance maps is conducted via pyranometer (GHI) …” One of ordinary skill in the art recognizes that pyranometers typically have wide, hemispherical (i.e. 180°) fields of view to allow them to capture sunlight from an entire sky dome.)
detecting, with the camera, a field of view of 180° over a plane of the camera (figure 10 states, “Depicted is the undistorted orthoimage derived from the fisheye projection of one camera …” Fisheye suggests field of view of 180°.)
measuring a global irradiance of the solar radiation in the plane of the radiation sensor unit (page 609, column 2, paragraph 1 states, “reference real-time irradiance measurements are used to determine cloud transmittances … WobaS systems can use ground measurement stations for direct normal irradiance (DNI) and global horizontal irradiance (GHI).”)
With respect to claim 20, Kuhn et al NPL differs from the claimed invention in that it does not explicitly disclose:
wherein the radiation sensor unit and the camera are positioned at the same location
measuring an image of the sky with the camera in the field of view of the camera, wherein RGB channels are included
converting the global irradiance of the solar radiation in the plane of the radiation sensor unit into the at least one component of the global irradiance in the horizontal plane
including image information of the camera for converting the global irradiance of the solar radiation in the plane of the radiation sensor unit into the at least one of the components of the global irradiance in the horizontal plane to form the measurement data from the radiation sensor unit by using an intensity of RGB channels of the camera for converting measured values of the camera
With respect to claim 20, Bernecker et al NPL discloses:
wherein the radiation sensor unit and the camera are positioned at the same location (page 305, column 2, paragraph 1 states, “The camera is installed next to several pyranometers which record the Global Horizontal Irradiance (GHI) …” Please note that Bernecker et al NPL is incorporated by reference into Kuhn et al NPL. Although Kuhn et al NPL may disclose an exemplary embodiment of a reference shadow camera system (page 609, column 2, last paragraph of section 1), Kuhn et al NPL is broad and expansive in its teachings (especially when considering all of the art it incorporates by reference). It also anticipates various known variations of recording GHI, such as in a configuration where radiation sensor unit and the camera are positioned at the same location. The abstract of Kuhn et al also explicitly states, “Nowcasting systems use the input of upward-facing cameras …” Although Kuhn et al NPL may not explicitly disclose the claimed limitation in its main embodiment, the limitation would be obvious to one of ordinary skill in the art, when considering the broad and vast teachings of Kuhn et al NPL, including the art that it incorporates by reference, such as Berkener et al NPL.)
measuring an image of the sky with the camera in the field of view of the camera, wherein RGB channels are included (obvious in view of combination; page 610, column 1, paragraph 1 states, “Many approaches, eg, based on neural networks or ratios of the red-green-blue (RGB) color channels, are validated and discussed in the literature … In the CSL, clear sky RGB values for every pixel …”)
converting the global irradiance of the solar radiation in the plane of the radiation sensor unit into the at least one component of the global irradiance in the horizontal plane (This limitation is obvious in view of the broad and expansive teachings of Kuhn et al NPL. Kuhn et al NPL does not explicitly use the word “convert.” However, it discloses predicting GHI, DNI, and GTI maps in the context of irradiance maps (page 609, column 2, paragraphs 1-2). The claimed limitation does not give a lot of detail as to what “converting” entails. The examiner interprets paragraph 0049 of the applicant’s original specification as the closest support for the limitation; that section states, “In the present case, the global radiation measured by means of a pyranometer can be converted into the irradiance in an arbitrary plane with high accuracy. The calculation of the GTI and the diffuse radiation in inclined planes is carried out via an adapted integration of the radiance distribution.” If “conversion” is merely an integration of the radiance distribution, it is obvious in view of the total teachings of Kuhn et al NPL. The irradiance maps of Kuhn et al represent a radiance distribution, and integrating such a distribution would be an obvious mathematical operation for one of ordinary skill in the art.)
including image information of the camera for converting the global irradiance of the solar radiation in the plane of the radiation sensor unit into the at least one of the components of the global irradiance in the horizontal plane to form the measurement data from the radiation sensor unit by using an intensity of RGB channels of the camera for converting measured values of the camera (obvious in view of combination; As discussed above, Kuhn et al both discloses RGB and discusses its further acknowledgement in literature. Page 610, column 2, paragraph 1 states, “If a pixel in the image under consideration is clouded, its RGB values deviate from the CSL, and this way a cloud is detected. The detection is based on CSL color channel ratios … From the raw image, ratios and difference of the color channels are calculated.”)
With respect to claim 20, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to incorporate the teachings of Bernecker et al NPL into the invention of Kuhn et al NPL. The motivation for the skilled artisan in doing so is to gain the benefit of improving accuracy of forecasting.
With respect to claim 21, Kuhn et al NPL, as modified, discloses:
wherein, for the conversion of the irradiance of the solar radiation in the plane of the radiation sensor unit into the at least one of the components of the global irradiance in the horizontal plane, at least one of the quantities of
radiation reflected on the ground, and
diffuse radiation in the horizontal plane or in the plane inclined with respect to the horizontal plane, in particular in the plane of the radiation sensor unit, and
the position of the sun in the radiation measurement, and
a sensor-specific correction factor, which comprises in particular lens parameters of the camera,
is used (As discussed above, Kuhn et al NPL discloses diffuse radiation (page 609, column 2, paragraph 2. Page 609, column 2, paragraph 1 also states, “With the sun position … the shadows on the ground are deduced.”)
With respect to claim 22, Kuhn et al NPL, as modified, discloses:
wherein, for the conversion of the irradiance of the solar radiation in the plane of the radiation sensor unit into the at least one of the components of the global irradiance in the horizontal plane, at least one of the quantities of
a ratio of a broadband radiation to the part of the radiation registered by the camera, and
an internal or external calibration of the camera and
an inclination and orientation of the sensor of the camera and
an inclination and orientation of the inclined plane and
the position of the sun in the radiation measurement and
a camera sensitivity, which is determined from an illuminance of the camera or the spectral sensitivity of the RGB channels or recording settings or the RGB camera image or the internal or external calibration of the camera,
is used (As discussed above, concepts like “the position of the sun,” are disclosed by the art (page 609, column 2, paragraph 1).)
With respect to claim 28, Kuhn et al NPL, as modified, discloses:
A device for the carrying out of a method according to claim 20 (as applied to claim 20 above) comprising at least one radiation sensor unit, a camera and an evaluation unit which is provided to evaluate measurement data from the radiation sensor unit or from the camera (abstract; page 609, column 2, paragraphs 1-3),
wherein the radiation sensor unit is provided for the determination of the irradiance of solar radiation in a field of view of 180° above a plane of the radiation sensor unit (suggested by pyranometer teachings of art, as discussed above),
wherein the camera is provided for the detection of a field of view of 180° over a plane of the camera (suggested by fisheye teachings of art, as discussed above),
wherein a global irradiance of the solar radiation is measured in a plane of the radiation sensor unit and converted into the at least one of the components of the global irradiance in the horizontal plane (obvious in view of combination; “converting” was discussed with respect to claim 20 above)
wherein image information of the camera is included for converting the global irradiance in the plane of the radiation sensor unit into the at least one of the components of the global irradiance in the horizontal plane from the measurement data from the radiation sensor unit, by using an intensity of RGB channels of the camera for converting measured values of the camera (discussed with respect to claim 20 above)
With respect to claim 29, Kuhn et al NPL, as modified, discloses:
wherein at least one sensor of the radiation sensor unit and at least one sensor of the camera are each arranged in the horizontal plane in such a way that the field of view of the two sensors in each case is above the horizontal plane and flush with the horizontal plane (obvious in view of combination; obvious arrangement in view of Bernecker’s teaching that the camera is installed next to several pyranometers which record the Global Horizontal Irradiance)
With respect to claim 30, Kuhn et al NPL, as modified, discloses:
wherein a distance between the radiation sensor unit and the camera is or can be set such that the sensor of the radiation sensor unit is visible in the field of view of the camera with an elevation of at most 10°, preferably at most 5° (This limitation represents an intended use, which can be performed by the device disclosed in the art. The applicant’s disclosure has not established any criticality for the elevation values, nor has the applicant’s disclosure established that these values are structurally tied to the use of the device, as opposed to an intended use setting.)
With respect to claim 31, Kuhn et al NPL, as modified, discloses:
wherein the radiation sensor unit and the camera are coupled, so that measurement data is recorded by radiation sensor unit and camera in a synchronized manner (page 609, column 1, paragraph 2 states, “Synchronized by an NTP server …”; page 609, column 2, paragraph 3 states, “The validation of the nowcasted irradiance maps is conducted via pyranometer … and with a reference shadow camera system.” The resulting data shown in the various figures, such as in figure 7, shows the different types of data being collected over the same time frame (i.e. synchronized). Also, Bernecker, page 309, column 1, first paragraph of section 4.1 states, “The acquisition of the pyranometer irradiance data is synchronized with the image capture.”)
With respect to claim 32, Kuhn et al NPL, as modified, discloses:
wherein the camera is designed so that at least the following characteristics are present: (Paragraphs 0019, 0044, 0056, 0091, 0108, and 0111 of the Applicant’s specification describe a Mobotix Q25 surveillance camera as an exemplary camera that can be used for the invention. Based on paragraph 0062 of the Applicant’s specification, such a camera is implied to have all of the below characteristics present. Page 609 column 1, paragraph 2 of Kuhn et al NPL discloses using a Mobotix Q25 camera. Therefore, since Kuhn et al NPL teaches using the exact same camera as used by the applicant, all limitations related to the characteristics of said same camera are obvious.)
a frame is recorded in a fixed time pattern, in particular every half minute and full minute (Since Kuhn et al NPL teaches using the exact same camera as used by the applicant, all limitations related to the characteristics of said same camera are obvious.)
the at least one sensor of the camera has a constant color temperature (Since Kuhn et al NPL teaches using the exact same camera as used by the applicant, all limitations related to the characteristics of said same camera are obvious.)
the camera has a constant exposure time for each frame (Since Kuhn et al NPL teaches using the exact same camera as used by the applicant, all limitations related to the characteristics of said same camera are obvious.)
a predetermined minimum value for an average image brightness is set for exposure control of the camera, with the exposure duration remaining unchanged at a higher image brightness (Since Kuhn et al NPL teaches using the exact same camera as used by the applicant, all limitations related to the characteristics of said same camera are obvious.)
With respect to claim 33, Kuhn et al NPL, as modified, discloses:
wherein the camera is designed to record the sky in the field of view (abstract discloses “all-sky cameras”)
With respect to claim 34, Kuhn et al NPL, as modified, discloses:
wherein the radiation sensor unit has at least one of a pyranometer, a photodiode, and a photovoltaic reference cell (page 609, column 2, paragraph 3)
With respect to claim 35, Kuhn et al NPL, as modified, discloses:
wherein the radiation sensor unit is designed such that a recording of measurement data by the radiation sensor unit is carried out with high temporal resolution (figure 2 description states, “This way, future irradiances in high spatial and temporal resolutions can be derived …”)
With respect to claim 36, Kuhn et al NPL, as modified, discloses:
wherein the radiation sensor unit is designed to detect solar radiation in a wavelength range of 0.3 µm to 3 µm (This is an intended use that is able to be performed by the structural radiation sensor unit that is disclosed by Kuhn et al. The Applicant’s disclosure has not established any structural criticality for these values.)
With respect to claim 37, Kuhn et al NPL, as modified, discloses:
wherein the camera is designed to detect the entire field of view in one recording (Paragraph 0070 of the Applicant’s specification states, “the camera can be designed to detect the entire field of view in one recording. In particular, the camera can be designed as a surveillance camera and/or as a fisheye camera.” Kuhn et al NPL discloses using the same Mobotix Q25 surveillance/fisheye camera that is used by the applicant (page 609, column 1, paragraph 2).)
With respect to claim 38, Kuhn et al NPL discloses:
A method for the determination of a global irradiance of solar radiation in a plane inclined with respect to a plane of a radiation sensor unit, the global irradiance of solar radiation comprising at least direct radiation, diffuse radiation, radiation reflected on the ground, with a device comprising at least the radiation sensor unit, a camera and an evaluation unit which is provided for evaluating measurement data from the radiation sensor unit and from the camera (see citations in claim 20 above. Kuhn teaches both global horizontal irradiance and global tilted irradiance, as seen on page 609, column 2, paragraphs 1-2)
determining, with the radiation sensor unit, the irradiance of solar radiation in a field of view of 180° above a plane of the radiation sensor unit (page 609, column 2, last paragraph of section 1 states, “The validation of the nowcasted irradiance maps is conducted via pyranometer (GHI) …” One of ordinary skill in the art recognizes that pyranometers typically have wide, hemispherical (i.e. 180°) fields of view to allow them to capture sunlight from an entire sky dome.)
detecting, with the camera, a field of view of 180° over a plane of the camera (figure 10 states, “Depicted is the undistorted orthoimage derived from the fisheye projection of one camera …” Fisheye suggests field of view of 180°.)
measuring a global irradiance of the solar radiation in the plane of the radiation sensor unit (page 609, column 2, paragraph 1 states, “reference real-time irradiance measurements are used to determine cloud transmittances … WobaS systems can use ground measurement stations for direct normal irradiance (DNI) and global horizontal irradiance (GHI).”)
With respect to claim 38, Kuhn et al NPL differs from the claimed invention in that it does not explicitly disclose:
wherein the radiation sensor unit and the camera are positioned at the same location
measuring an image of the sky with the camera in the field of view of the camera, wherein RGB channels are included
converting the global irradiance of the solar radiation in the plane of the radiation sensor unit into the global irradiance of solar radiation inclined with respect to the plane of the radiation sensor unit
including image information of the camera for converting the global irradiance of the solar radiation in the plane of the radiation sensor unit into the global irradiance of the solar radiation inclined with respect to the plane of the radiation sensor unit to form the measurement data from the radiation sensor unit by using an intensity of RGB channels of the camera for converting measured values of the camera
With respect to claim 38, Bernecker et al NPL discloses:
wherein the radiation sensor unit and the camera are positioned at the same location (page 305, column 2, paragraph 1 states, “The camera is installed next to several pyranometers which record the Global Horizontal Irradiance (GHI) …” Please note that Bernecker et al NPL is incorporated by reference into Kuhn et al NPL. Although Kuhn et al NPL may disclose an exemplary embodiment of a reference shadow camera system (page 609, column 2, last paragraph of section 1), Kuhn et al NPL is broad and expansive in its teachings (especially when considering all of the art it incorporates by reference). It also anticipates various known variations of recording GHI, such as in a configuration where radiation sensor unit and the camera are positioned at the same location. The abstract of Kuhn et al also explicitly states, “Nowcasting systems use the input of upward-facing cameras …” Although Kuhn et al NPL may not explicitly disclose the claimed limitation in its main embodiment, the limitation would be obvious to one of ordinary skill in the art, when considering the broad and vast teachings of Kuhn et al NPL, including the art that it incorporates by reference, such as Berkener et al NPL.)
measuring an image of the sky with the camera in the field of view of the camera, wherein RGB channels are included (obvious in view of combination; page 610, column 1, paragraph 1 states, “Many approaches, eg, based on neural networks or ratios of the red-green-blue (RGB) color channels, are validated and discussed in the literature … In the CSL, clear sky RGB values for every pixel …”)
converting the global irradiance of the solar radiation in the plane of the radiation sensor unit into the global irradiance of solar radiation inclined with respect to the plane of the radiation sensor unit (This limitation is obvious in view of the broad and expansive teachings of Kuhn et al NPL. Kuhn et al NPL does not explicitly use the word “convert.” However, it discloses predicting GHI, DNI, and GTI maps in the context of irradiance maps (page 609, column 2, paragraphs 1-2). The claimed limitation does not give a lot of detail as to what “converting” entails. The examiner interprets paragraph 0049 of the applicant’s original specification as the closest support for the limitation; that section states, “In the present case, the global radiation measured by means of a pyranometer can be converted into the irradiance in an arbitrary plane with high accuracy. The calculation of the GTI and the diffuse radiation in inclined planes is carried out via an adapted integration of the radiance distribution.” If “conversion” is merely an integration of the radiance distribution, it is obvious in view of the total teachings of Kuhn et al NPL. The irradiance maps of Kuhn et al represent a radiance distribution, and integrating such a distribution would be an obvious mathematical operation for one of ordinary skill in the art.)
including image information of the camera for converting the global irradiance of the solar radiation in the plane of the radiation sensor unit into the global irradiance of the solar radiation inclined with respect to the plane of the radiation sensor unit to form the measurement data from the radiation sensor unit by using an intensity of RGB channels of the camera for converting measured values of the camera (obvious in view of combination; As discussed above, Kuhn et al both discloses RGB and discusses its further acknowledgement in literature. Page 610, column 2, paragraph 1 states, “If a pixel in the image under consideration is clouded, its RGB values deviate from the CSL, and this way a cloud is detected. The detection is based on CSL color channel ratios … From the raw image, ratios and difference of the color channels are calculated.”)
With respect to claim 38, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to incorporate the teachings of Bernecker et al NPL into the invention of Kuhn et al NPL. The motivation for the skilled artisan in doing so is to gain the benefit of improving accuracy of forecasting.
With respect to claim 39, Kuhn et al NPL discloses:
A method for the determination of at least one component of the global irradiance in a plane inclined with respect to the horizontal plane, the components comprising direct radiation, diffuse radiation, radiation reflected on the ground, with a device comprising at least the radiation sensor unit, a camera and an evaluation unit which is provided for evaluating measurement data from the radiation sensor unit and from the camera (see citations in claim 20 above)
determining, with the radiation sensor unit, the irradiance of solar radiation in a field of view of 180° above a plane of the radiation sensor unit (page 609, column 2, last paragraph of section 1 states, “The validation of the nowcasted irradiance maps is conducted via pyranometer (GHI) …” One of ordinary skill in the art recognizes that pyranometers typically have wide, hemispherical (i.e. 180°) fields of view to allow them to capture sunlight from an entire sky dome.)
detecting, with the camera, a field of view of 180° over a plane of the camera (figure 10 states, “Depicted is the undistorted orthoimage derived from the fisheye projection of one camera …” Fisheye suggests field of view of 180°.)
measuring a global irradiance of the solar radiation in the plane of the radiation sensor unit (page 609, column 2, paragraph 1 states, “reference real-time irradiance measurements are used to determine cloud transmittances … WobaS systems can use ground measurement stations for direct normal irradiance (DNI) and global horizontal irradiance (GHI).”)
With respect to claim 39, Kuhn et al NPL differs from the claimed invention in that it does not explicitly disclose:
wherein the radiation sensor unit and the camera are positioned at the same location
measuring an image of the sky with the camera in the field of view of the camera, wherein RGB channels are included
converting the global irradiance of the solar radiation in the plane of the radiation sensor unit into the at least one of the components of the global irradiance in the plane inclined with respect to the horizontal plane
including image information of the camera for converting the global irradiance of the solar radiation in the plane of the radiation sensor unit into the at least one of the components of the global irradiance in the plane inclined with respect to the horizontal plane, to form the measurement data from the radiation sensor unit by using an intensity of RGB channels of the camera for converting measured values of the camera
With respect to claim 39, Bernecker et al NPL discloses:
wherein the radiation sensor unit and the camera are positioned at the same location (page 305, column 2, paragraph 1 states, “The camera is installed next to several pyranometers which record the Global Horizontal Irradiance (GHI) …” Please note that Bernecker et al NPL is incorporated by reference into Kuhn et al NPL. Although Kuhn et al NPL may disclose an exemplary embodiment of a reference shadow camera system (page 609, column 2, last paragraph of section 1), Kuhn et al NPL is broad and expansive in its teachings (especially when considering all of the art it incorporates by reference). It also anticipates various known variations of recording GHI, such as in a configuration where radiation sensor unit and the camera are positioned at the same location. The abstract of Kuhn et al also explicitly states, “Nowcasting systems use the input of upward-facing cameras …” Although Kuhn et al NPL may not explicitly disclose the claimed limitation in its main embodiment, the limitation would be obvious to one of ordinary skill in the art, when considering the broad and vast teachings of Kuhn et al NPL, including the art that it incorporates by reference, such as Berkener et al NPL.)
measuring an image of the sky with the camera in the field of view of the camera, wherein RGB channels are included (obvious in view of combination; page 610, column 1, paragraph 1 states, “Many approaches, eg, based on neural networks or ratios of the red-green-blue (RGB) color channels, are validated and discussed in the literature … In the CSL, clear sky RGB values for every pixel …”)
converting the global irradiance of the solar radiation in the plane of the radiation sensor unit into the at least one of the components of the global irradiance in the plane inclined with respect to the horizontal plane (This limitation is obvious in view of the broad and expansive teachings of Kuhn et al NPL. Kuhn et al NPL does not explicitly use the word “convert.” However, it discloses predicting GHI, DNI, and GTI maps in the context of irradiance maps (page 609, column 2, paragraphs 1-2). The claimed limitation does not give a lot of detail as to what “converting” entails. The examiner interprets paragraph 0049 of the applicant’s original specification as the closest support for the limitation; that section states, “In the present case, the global radiation measured by means of a pyranometer can be converted into the irradiance in an arbitrary plane with high accuracy. The calculation of the GTI and the diffuse radiation in inclined planes is carried out via an adapted integration of the radiance distribution.” If “conversion” is merely an integration of the radiance distribution, it is obvious in view of the total teachings of Kuhn et al NPL. The irradiance maps of Kuhn et al represent a radiance distribution, and integrating such a distribution would be an obvious mathematical operation for one of ordinary skill in the art.)
including image information of the camera for converting the global irradiance of the solar radiation in the plane of the radiation sensor unit into the at least one of the components of the global irradiance in the plane inclined with respect to the horizontal plane, to form the measurement data from the radiation sensor unit by using an intensity of RGB channels of the camera for converting measured values of the camera (obvious in view of combination; As discussed above, Kuhn et al both discloses RGB and discusses its further acknowledgement in literature. Page 610, column 2, paragraph 1 states, “If a pixel in the image under consideration is clouded, its RGB values deviate from the CSL, and this way a cloud is detected. The detection is based on CSL color channel ratios … From the raw image, ratios and difference of the color channels are calculated.”)
With respect to claim 39, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to incorporate the teachings of Bernecker et al NPL into the invention of Kuhn et al NPL. The motivation for the skilled artisan in doing so is to gain the benefit of improving accuracy of forecasting.
Allowable Subject Matter
Claims 23-24 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
With respect to claim 23, Kuhn et al NPL discloses the following limitations, which when considered in combination, as a whole, were not found, taught, suggested or disclosed by the prior art:
comprising determining the direct radiation as a component of the global irradiance in an arbitrary plane, including:
(i) determining a radiation reflected on the ground by means of albedo, inclination and orientation of the inclined plane, and a measured value of the global irradiance in the plane of the radiation sensor unit;
(ii) determining the direct radiation in the plane of the radiation sensor unit by subtracting the measured value of the diffuse radiation, evaluated from the measurement data from the camera for the plane of the radiation sensor unit, and the radiation reflected on the ground, evaluated for the plane of the radiation sensor unit, from the global irradiance in the plane of the radiation sensor unit;
(iii) determining a direct normal irradiance by reversing the projection into the plane of the radiation sensor unit by means of the position of the sun calculated from location and time;
(iv) determining a lens refraction correction by multiplying the direct normal irradiance by a correction factor, which comprises lens parameters of the camera; and
(v) determining the corrected direct radiation by adding the direct radiation in the plane of the radiation sensor unit and the lens refraction correction, and inverting the projection into the plane of the radiation sensor unit and projection into the arbitrary plane
The amended inclusion of “and” necessitates that all of the detailed limitations be present. The examiner could not find art that taught all of the detailed elements of the claimed limitation, when considered together, as a whole.
With respect to claim 24, Kuhn et al NPL discloses:
comprising determining the diffuse radiation as a component of the global irradiance in an arbitrary plane, including:
(i) determining a radiation reflected on the ground by means of albedo, inclination and orientation of the inclined plane, and a measured value of the global irradiance in the plane of the radiation sensor unit;
(ii) determining the direct radiation in the plane of the radiation sensor unit by subtracting the measured value of the diffuse radiation, evaluated from the measurement data from the camera for the plane of the radiation sensor unit, and the radiation reflected on the ground, evaluated for the plane of the radiation sensor unit, from the global irradiance in the plane of the radiation sensor unit;
(iii) determining a direct normal irradiance by reversing the projection into the plane of the radiation sensor unit by means of the position of the sun calculated from location and time;
(iv) determining a lens refraction correction by multiplying the direct normal irradiance by a correction factor, which comprises lens parameters of the camera; and
(v) determining the corrected diffuse radiation by subtracting the lens refraction correction from the diffuse radiation, evaluated for the arbitrary plane
The inclusion of “and” necessitates that all of the detailed limitations be present. The examiner could not find art that taught all of the detailed elements of the claimed limitation, when considered together, as a whole.
Examiner’s Note - Allowable Subject Matter
Claims 25-27 disclose the following limitations that were not found, taught, or suggested by the prior art. However, they are also subject to the above 112 rejection, which must be corrected.
With respect to claim 25, Kuhn et al NPL discloses:
wherein the determination of the global irradiance of the solar radiation in the horizontal or inclined plane comprises: (Please note that the above 112(b) rejection must be overcome before this claim can be allowed, even if incorporated into the independent claim.)
(i) determining a radiation reflected on the ground by means of albedo, inclination and orientation of the inclined plane, and a measured value of the global irradiance in the plane of the radiation sensor unit;
(ii) determining the direct radiation in the plane of the radiation sensor unit by subtracting the measured value of the diffuse radiation, evaluated from the measurement data from the camera for the plane of the radiation sensor unit, and the radiation reflected on the ground, evaluated for the plane of the radiation sensor unit, from the global irradiance in the plane of the radiation sensor unit;
(iii) determining a direct normal irradiance by reversing the projection into the plane of the radiation sensor unit by means of the position of the sun calculated from location and time;
(iv) determining a lens refraction correction by multiplying the direct normal irradiance by a correction factor, which comprises lens parameters of the camera;
(v) adding the direct radiation in the plane of the radiation sensor unit and the lens refraction correction, and inverting the projection into the plane of the radiation sensor unit and projection into the horizontal or inclined plane;
(vi) subtracting the lens refraction correction from the diffuse radiation, evaluated for the horizontal plane or the inclined plane; and
(vii) determining the global irradiance in the horizontal or inclined plane by summing the radiation reflected on the ground, the direct radiation in the horizontal or inclined plane, and the diffuse radiation, evaluated for the horizontal or inclined plane
The amended inclusion of “and” necessitates that all of the detailed limitations be present. The examiner could not find art that taught all of the detailed elements of the claimed limitation, when considered together, as a whole.
With respect to claim 26, Kuhn et al NPL discloses:
wherein a determination of the diffuse radiation in the horizontal or inclined plane comprises: (Please note that the above 112(b) rejection must be overcome before this claim can be allowed, even if incorporated into the independent claim.)
(i) determining a broadband correction factor from the ratio of broadband radiation to the part registered by the camera by means of the daylight spectrum and the spectral sensitivity of RGB channels of the camera;
(ii) determining weights of the RGB channels according to the inverse sensitivity by means of the recording settings of the camera;
(iii) summing the weighted RGB channels of the camera image;
(iv) multiplying the summed RGB channels by the broadband correction factor;
(v) assigning angular ranges of the sky to image pixels of the camera by means of internal or external calibration values of the camera;
(vi) weighting the image areas according to the projection into the horizontal or inclined plane;
(vii) determining the angular range of the field of view of the horizontal or inclined plane from its inclination and orientation, and from the inclination and orientation of the sensor of the camera;
(viii) determining the angular range of the solar disk from location and time;
(ix) excluding the angular range of the solar disk from the angular range of the field of view of the horizontal or inclined plane;
(x) integrating the image areas over the field of view;
(xi) determining the diffuse radiation in the horizontal or inclined plane, in particular in the plane of the radiation sensor unit, by multiplication by a correction factor of the camera sensitivity
The amended inclusion of “and” necessitates that all of the detailed limitations be present. The examiner could not find art that taught all of the detailed elements of the claimed limitation, when considered together, as a whole.
Claim 27 depends on claims 26 and incorporates the limitations that were not found, taught, or disclosed in the prior art, as a result of its dependence.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Grieu et al (US PgPub 20210123800) discloses a system for measuring components of solar radiation.
Sanfilippo et al (US PgPub 20180175790) discloses a method of forecasting for solar-based power systems.
Morris et al (US Pat 6246045) discloses reflected radiance sensors for detection of reflected radiation.
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 LEONARD S LIANG whose telephone number is (571)272-2148. The examiner can normally be reached M-F 10:00 AM - 7 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ARLEEN M VAZQUEZ can be reached at (571)272-2619. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LEONARD S LIANG/Examiner, Art Unit 2857 11/29/25
/ARLEEN M VAZQUEZ/Supervisory Patent Examiner, Art Unit 2857
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