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 .
This office action is a response to an amendment filed 03/06/2026.
Claims 1-20 are pending.
Claims 1, 3, 6, 8-10, 13, 15, 17, and 18 are amended.
Information Disclosure Statement
The Examiner has considered the references listed on the Information Disclosure Statement submitted on 09/08/2025.
Response to Arguments
Applicant’s arguments, filed 03/06/2026, have been fully considered but are moot in view of the new grounds of rejection.
Examiner Notes
Examiner cites particular columns and line numbers in the references as applied to the claims below for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested that, in preparing responses, the applicant fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-6 and 13-16 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Application No. 2022/0393477 to Zhao et al., (hereinafter Zhao), in view of US Patent No. 10,230,241 to Rule et al., (hereinafter Rule)
Regarding claim 1, Zhao teaches a method of operating a hybrid electrical power generation system to supply an electrical demand (Hybrid power plant for supplying power, see p38, 39, Fig. 3, Zhao), the hybrid electrical power generation system having a battery energy storage system (BESS) (Energy storage systems ess, see p41, Fig. 3, Zhao), a renewable energy (RE) power plant (Renewable energy, such as wind turbine, see p39, Fig. 3, Zhao), and a combustion power plant (Fueled generator, see p41, Fig. 3, Zhao) having a supply delay, the supply delay being a time associated with signalling the combustion power plant to start-up to the combustion power plant being capable of supplying the electrical demand (Startup delay for generator that is a time between signaling of start command and power supply, see p45, Zhao), the method comprising:
determining a state of charge of the BESS (Measuring SOC, see p45, 72, 57, 75-76, 56, Zhao);
in response to determining that the RE power plant is generating electrical power and the state of charge of the BESS is at least at a secure level: dispatching the RE power plant to supply at least some of the electrical demand (Renewable energy used for supply as priority prior to using ess, even if the ess has enough energy (i.e., at a secure level), p70, Fig. 4, p41, p59, 51, Zhao);
and in response to determining that the RE power plant is generating electrical power and the state of charge of the BESS is at an insecure level: dispatching the RE power plant to charge the BESS (ESS can be charged from renewable wind when it is at a specified soc threshold that the ess should be charged, and which is interpreted as an insecure level, see p77, 76, Zhao), wherein the secure level is a minimum state of charge of the BESS that is capable ofelectrical demand during the supply delay (A threshold is set for the ess, so that when it is satisfied (i.e. is secure), it supplies energy during the delay time until a fuel generator comes online, see p70-71, Zhao);
and wherein the insecure level is a state of charge of the BESS that is less than the secure level (A threshold which requires recharge, at which it can be recharged from a fuel or renewable source is less than a level at which the ess is determined to have sufficient power to supply a startup of the fuel generator, see Fig. 5, P70-76, 57, Zhao).
While the implication of Zhao is that a threshold where a BESS being at an insecure level is less than the secure level, as noted above,
Rule, from the same or similar field of hybrid power systems, more explicitly teaches a threshold where a BESS being at an insecure level is less than the secure level (An SoC level, such as an soc at which a battery is permitted to supply power (i.e. discharges, such as from 75% soc, thus a “secure level”), and which delays the start of generator until another threshold is reached (e.g. at 25% soc), which prompts start of a generator and also signals charging of the battery (thus, an ”insecure level”), and where the 25% soc insecure level is less than the 75% soc secure level, see C4 L34-41, Rule).
It would have been obvious to a person of ordinary skill in the art before the filing date of the claimed invention to modify the hybrid power supply and control as described by Zhao and incorporating insecure level less than a secure level, as taught by Rule.
One of ordinary skill in the art would have been motivated to do this modification in order to better provide logical state of charge levels at which a battery has a sufficient amount of charge to supply to loads until dropping to a stat of charge where the available charge may be insufficient, thus provides insecurity as to available reserve supply and thus provides a reasonable threshold lower than the secure level at which a battery can stop supplying and be recharged (see C4 L34-41, Rule).
Regarding claim 2, the combination of Zhao and Rule teaches all the limitations of the base claim as outlined above, and are analyzed as previously discussed with regard to that claim.
Zhao further teaches wherein an RE power plant comprises a variable renewable energy (VRE) power plant (A wind turbine generator, thus a variable renewable energy power plant as provided by the instant specification, see P39, Fig. 3, Zhao).
Regarding claim 3, the combination of Zhao and Rule teaches all the limitations of the base claim as outlined above, and are analyzed as previously discussed with regard to that claim.
Zhao further teaches further comprising: in response to determining that a VRE power plant is generating electrical power and a state of charge of a BESS is at least at a secure level: dispatching the VRE power plant to supply an electrical demand if the electrical power generated by the VRE power plant is capable of supplying the electrical demand (Renewable energy used for supply as priority prior to using ess, even if the ess has enough energy (i.e., at a secure level), see p70, Fig. 4, p41, p59, 51, Zhao); or dispatching a BESS to supply at least some of the electrical demand and dispatching the VRE power plant to supply at least some of the electrical demand if the electrical power generated by the VRE power plant is incapable of supplying the electrical demand and the combustion power plant is not operating (An alternative power source, such as ess can be employed to supply power, when a renewable energy wind turbine is insufficient to meet power draw, see Fig. 4, p41, 70, Zhao).
Regarding claim 4, the combination of Zhao and Rule teaches all the limitations of the base claim as outlined above, and are analyzed as previously discussed with regard to that claim.
Zhao further teaches further comprising starting a combustion power plant in response to determining that a VRE power plant is generating electrical power, a state of charge of a BESS is at an insecure level, and a combustion power plant is not operating (An auxiliary fueled generator can be started when at a lower priority than renewable and ess that has been discharged, and to supplement the renewable energy, see P41, p56-57, Fig. 4, p70-77, Zhao).
Regarding claim 5, the combination of Zhao and Rule teaches all the limitations of the base claim as outlined above, and are analyzed as previously discussed with regard to that claim.
Zhao further teaches further comprising, in response to determining that a VRE power plant is generating electrical power, a state of charge of the BESS is at least at the secure level, and an electrical power generated by the VRE power plant is in excess of the electrical demand: dispatching the VRE power plant to supply the electrical demand (With sufficient renewable energy, a renewable plant is prioritized for supply even with ess at sufficient soc to supply see, p70, Fig. 4, , Zhao); and charging the BESS with the electrical power generated by the VRE power plant (With an excess of renewable energy, the excess can be stored in an ess, p59, Zhao).
Regarding claim 6, the combination of Zhao and Rule teaches all the limitations of the base claim as outlined above, and are analyzed as previously discussed with regard to that claim.
Zhao further teaches further comprising, in response to determining that a VRE power plant is generating electrical power, a state of charge of a BESS is at an insecure level, and a combustion power plant is operating: dispatching the combustion power plant to supply the electrical demand (An auxiliary fueled generator can be used when at a lower priority than renewable and ess that has been discharged, and to supplement the renewable energy, see P41, p56-57, Fig. 4, p70-77, Zhao); and charging the BESS with the electrical power generated by the VRE power plant (With an available renewable energy, the energy can be used to recharge an ess, p59, Zhao).
Regarding claim 7, the combination of Zhao and Rule teaches all the limitations of the base claim as outlined above, and are analyzed as previously discussed with regard to that claim.
Zhao further teaches wherein a VRE power plant comprises at least one photovoltaic (PV) power plant and/or at least one wind turbine power plant (A wind turbine generator, see P39, Fig. 3, Zhao).
Claim 13 is rejected on the same grounds as claim 1, with Zhao teaching a controller (see P45, Zhao).
Claim 14 is rejected on the same grounds as claim 2.
Claim 15 is rejected on the same grounds as claim 3.
Claim 16 is rejected on the same grounds as claim 7.
Claims 8-11 and 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Zhao, in view of Rule, and in further view of US Patent Application No. 2023/0064799 to Magaldi et al., (hereinafter Magaldi)
Regarding claim 8, the combination of Zhao and Rule teaches all the limitations of the base claim as outlined above, and are analyzed as previously discussed with regard to that claim.
Zhao further teaches wherein a hybrid electrical power generation system further comprises a solar power plant (An auxiliary generator of one or more auxiliary generators can be a solar generator, with other auxiliary generators that can be fueled generators, see p41, Zhao) and the method further comprises, in response to determining that a VRE power plant is generating electrical power and a state of charge of a BESS is at least at a secure level: dispatching the BESS to supply at least some of the electrical demand and dispatching the VRE power plant to supply at least some of the electrical demand if the electrical power generated by the VRE power plant is incapable of supplying the electrical demand and the solar power plant and a combustion power plant are not operating (Renewable energy used for supply and that can be supplemented with an auxiliary generator such as an ess that has available capacity (secure level), and has a priory higher than other auxiliary generators, thus the other generators do not supply at that specific moment, see p41, Fig. 4, p70, p59, 51, Zhao).
Zhao does not explicitly teach concentrating solar thermal power plant.
However, Magaldi from the same or similar field of renewable energy sources, teaches a concentrating solar thermal power plant (Concentrated solar thermal energy plant, see P3, p106, Magaldi).
It would have been obvious to a person of ordinary skill in the art before the filing date of the claimed invention to modify the hybrid power supply and control as described by the combination that includes Zhao and incorporating a concentrating solar thermal power plant, as taught by Magaldi.
One of ordinary skill in the art would have been motivated to do this modification in order to conveniently use a known means of harnessing renewable energy source in the form of solar energy to produce electricity, and which can be used in addition to other renewable and/or non-renewable sources to provide supplementary energy production (see P106, p1-3, Magdali).
Regarding claim 9, the combination of Zhao, Rule, and Magdali teaches all the limitations of the base claim as outlined above, and are analyzed as previously discussed with regard to that claim.
Zhao further teaches further comprising, in response to determining that a VRE power plant is generating electrical power and a state of charge of an BESS is at least at a secure level: dispatching a combustion power plant to supply at least some of an electrical demand and dispatching the VRE power plant to supply at least some of the electrical demand if the electrical power generated by the VRE power plant is incapable of supplying the electrical demand and the combustion power plant is operating (Renewable energy used for supply and that can be supplemented with an auxiliary fuel generator that has a higher priority than an ess when a load draw exceed the renewable source (i.e. incapable of supplying (full) load), and even when the ess has available capacity (secure level), see p41, p70-72, Fig. 4, p70, p59, 51, Zhao).
Regarding claim 10, the combination of Zhao, Rule, and Magdali teaches all the limitations of the base claim as outlined above, and are analyzed as previously discussed with regard to that claim.
Zhao further teaches further comprising, in response to determining that a VRE power plant is generating electrical power and a state of charge of a BESS is at least at a secure level: dispatching a solar plant to supply at least some of an electrical demand and dispatching a VRE power plant to supply at least some of the electrical demand if the electrical power generated by the VRE power plant is incapable of not configured for supplying the electrical demand and the solar plant is operating (Renewable wind energy used for supply and that can be supplemented with an auxiliary solar generator, where an auxiliary generator can be set with higher priority than an ess when a load draw exceed the renewable source (i.e. incapable of supplying (full) load), and even when the ess has available capacity (secure level), see p41, p70-72, Fig. 4, p70, p59, 51, Zhao).
Magaldi further teaches a concentrating solar thermal power plant (Concentrated solar thermal energy plant, see P3, p106, Magaldi).
It would have been obvious to a person of ordinary skill in the art before the filing date of the claimed invention to modify the hybrid power supply and control as described by the combination that includes Zhao and incorporating a concentrating solar thermal power plant, as taught by Magaldi.
One of ordinary skill in the art would have been motivated to do this modification in order to conveniently use a known means of harnessing renewable energy source in the form of solar energy to produce electricity, and which can be used in addition to other renewable and/or non-renewable sources to provide supplementary energy production (see P106, p1-3, Magdali).
Regarding claim 11, the combination of Zhao and Rule teaches all the limitations of the base claim as outlined above, and are analyzed as previously discussed with regard to that claim.
Zhao further teaches where a RE power plant can be a solar power plant (A generator of one or more generators in a hybrid power plant can be a solar generator, see p41, Zhao)
Zhao does not explicitly teach a concentrating solar thermal power plant
Magaldi from the same or similar field of renewable energy sources, teaches a concentrating solar thermal power plant (Concentrated solar thermal energy plant, see P3, p106, Magaldi).
It would have been obvious to a person of ordinary skill in the art before the filing date of the claimed invention to modify the hybrid power supply and control as described by the combination that includes Zhao and incorporating a concentrating solar thermal power plant, as taught by Magaldi.
One of ordinary skill in the art would have been motivated to do this modification in order to conveniently use a known means of harnessing renewable energy source in the form of solar energy to produce electricity, and which can be used in addition to other renewable and/or non-renewable sources to provide supplementary energy production (see P106, p1-3, Magdali).
Claim 17 is rejected on the same grounds as claim 8.
Claim 18 is rejected on the same grounds as claim 9.
Claim 19 is rejected on the same grounds as claim 11.
Allowable Subject Matter
Claims 12 and 20 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.
The following is a statement of reasons for the indication of allowable subject matter:
While Zhao discloses a hybrid electrical power generation system to supply an electrical demand, where the hybrid electrical power generation system includes a battery energy storage system, a renewable energy (RE) power plant, a solar plant, a combustion power plant having a supply delay, the supply delay being a time associated with signalling the combustion power plant to start-up to the combustion power plant being capable of supplying the electrical demand, determining a state of charge of the BESS, in response to determining that the RE power plant is generating electrical power and the state of charge of the BESS is at least at a secure level: dispatching the RE power plant to supply at least some of the electrical demand, and in response to determining that the RE power plant is generating electrical power and the state of charge of the BESS is at an insecure level: dispatching the RE power plant to charge the BESS, wherein the secure level is a minimum state of charge of the BESS that is capable of supplying at least a substantial portion of the electrical demand during the supply delay, and wherein the insecure level is a state of charge of the BESS that is less than the secure level, and while Rule more explicitly discloses an insecure level is a state of charge of a BESS that is less than a secure level discloses, and while Magdali teaches a concentration solar thermal plant, none of the references, discovered within the allotted time for search and consideration, taken either alone or in combination with the prior art of record disclose:
(Claim 12) “…in response to determining that the CSP plant is not operating, the state of charge of the BESS is at the insecure level and the CSP plant has received instructions to start-up: charging the BESS with the electrical power generated by at least one power plant of the hybrid electrical power generation system; and deferring dispatch of the CSP plant to supply at least some of the electrical demand until the state of charge of the BESS is at the secure level.”,
(Claim 20) “…in response to determining that the CSP plant is not operating, the state of charge of the BESS is at the insecure level and the CSP plant has received instructions to start-up, the controller is configured to: charge the BESS with the electrical power generated by at least one power plant of the hybrid electrical power generation system; and defer dispatch of the CSP plant to supply at least some of the electrical demand until the state of charge of the BESS is at the secure level.”, and
in combination with the remaining elements and features of the claimed invention, wherein the novelty is not in one limitation, but rather in the combination of all the limitations. It is for these reasons that the applicant’s invention defines over the prior art of record.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Pearson et al., US. Patent Publication No. 2009/0076661 teaches managing of the generation of hybrid electric power that can include solar concentrators/collectors.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EMILIO J SAAVEDRA whose telephone number is (571)270-5617. The examiner can normally be reached M-F: 9:30am-5:30pm (EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert E Fennema can be reached at (571) 272-2748. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EMILIO J SAAVEDRA/Primary Patent Examiner, Art Unit 2117
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