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 .
Claims 6-8 are pending. Claims 6 and 7 amended in the claim set filed 9/11/2025.
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 6-8 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 6 recites wherein the components include… ”a solar (wind) power apparatus”. It is unclear what a “solar (wind)” power apparatus is. For the purpose of examination, the Examiner is interpreting this limitation to indicate that either a solar or wind power generating apparatus is present as part of the components, but correction is required.
Claims 7-8 are rejected due to their dependency upon Claim 6.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 6-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chen et al. (EP 3286814, herein Chen (mapped using US equivalent US20160313716)).
Regarding Claim 6, Chen teaches A method of microgrid control comprising:
receiving load data associated with a load requirement for a load at a project site (Paragraphs 6, 10, 33, monitoring load);
receiving power data associated with power production capacity of components at the project site (Paragraphs 6, 10, 23, monitoring generation);
determining how to supply power to the load via the components at the project site (Paragraphs 6, 10, 21, 24, 60-63, 67, taking control actions); and
transmitting signals to the components to supply power to the load based on the determination (Paragraph 10, transmitting control commands);
wherein the components include a battery energy storage system (BESS) (Paragraph 51), a solar (wind) power apparatus (Paragraph 51) and a diesel generator apparatus (Paragraphs 3, 29, 52).
Regarding Claim 7, Chen teaches: The method of claim 6 wherein receiving load data comprises:
receiving at least one of a load profile, electricity rate or system cost (Paragraphs 31, 45).
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 8 is rejected under 35 U.S.C. 103 as being unpatentable over Chen (EP 3286814) further in view of Jing et al. (CN 101630840, herein Jing).
Regarding Claim 8, Chen teaches: The method of claim 6, but fails to teach: further comprising:
performing an energy finance analysis of the components at the project site.
While Chen does not specifically provide for the instantly claimed performing an energy finance analysis of the components at the project site, Jing teaches that performance of such an economic/financial analysis in microgrid controls systems was known in the art (Page 5, second to last paragraph; Claim 1). It would have been obvious to one of ordinary skill in the art, at the time the instant invention was filed, to utilize such analysis in the system of Chen since Jing teaches a resultant increased safety, stability and efficiency of power control (Page 2, last paragraph).
Response to Arguments
Examiner note: As the new Examiner of record did not find the EP document in the file wrapper, the Examiner is using the US PGPub for their current mapping, which has a slight paragraph numbering difference from the previous mapping. However, the rejection remains the same despite this paragraph number shift and the Examiner has not changed any rejection previously presented nor reinterpreted the references.
Applicant has argued that Claim 6 has been amended to include a BESS, solar (wind) apparatus, and diesel generator apparatus which Chen is allegedly silent towards. However, Chen teaches each of these elements (please see rejection above, and Paragraphs 3, 29, and 51-52). Therefore, the rejection has been maintained.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Chae et al. (US 20190181644) discloses a microgrid control system including a BESS, solar and wind generation, and a diesel generator.
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 ROBERT E FENNEMA whose telephone number is (571)272-2748. The examiner can normally be reached Monday - Friday 9am-5pm.
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/ROBERT E FENNEMA/Supervisory Patent Examiner, Art Unit 2117