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 .
Claims 1-8 are pending.
Claims 9-20 are cancelled.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
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.
Claim(s) 1-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Forbes, Jr. et al. USPGPUB 2017/0358041 (hereinafter “Forbes, Jr.”) in view of Crabtree et al. USPGPUB 2010/0217651 (hereinafter “Crabtree”).
As to claim 1, Forbes, Jr. teaches a method of metering and tracking distributed energy generation (paragraph 0119 “showing meter distributions” and FIG. 5, 0242), comprising: receiving a digital energy asset that authorizes an amount of electrical energy to be generated (paragraph 01560157 and FIG. 5 “network of power”); based upon the received digital energy asset, distributing multiple measurable amounts of electrical energy generation rights to a plurality of end users of energy generation (paragraph 0161-0163); receiving from the end users of energy generation, an amount of energy generated by the end users (paragraph 0161-0164); calculating or receiving from the end users of energy generation, an amount of energy generation rights consumed (paragraph 0199-0202); and comparing the amount of energy generation rights consumed to the measurable amounts of electrical energy generation rights provided to each end user and controlling the energy authorized to be generated by each end users based upon the comparison (paragraph 0215-0218).
Forbes, Jr. teaches does not explicitly teach dividing the received digital energy asset into multiple measurable amounts of electrical energy generation rights; distributing the multiple measurable amounts to a plurality of end users of energy generation, each of the end users having an electrical energy generator that is enabled to generate electrical energy in response to the electrical energy generation rights distributed to that end user; wherein the controlling includes limiting the electrical energy generated by the electrical energy generator of each end user to the electrical energy generation rights distributed to that end user, and preventing the electrical energy generator of an end user from generating further electrical energy after determining that the electrical energy generation rights distributed to that end user have been consumed.
However, Crabtree teaches dividing the received digital energy asset into multiple measurable amounts of electrical energy generation rights (paragraph 0085-0087 and FIG. 11); distributing the multiple measurable amounts to a plurality of end users of energy generation, each of the end users having an electrical energy generator that is enabled to generate electrical energy in response to the electrical energy generation rights distributed to that end user (paragraph 0086-0089 and Fig. 11); wherein the controlling includes limiting the electrical energy generated by the electrical energy generator of each end user to the electrical energy generation rights distributed to that end user, and preventing the electrical energy generator of an end user from generating further electrical energy after determining that the electrical energy generation rights distributed to that end user have been consumed (paragraph 0087-0097).
As to claim 2, Forbes, Jr. teach and Crabtree teaches all the limitations of the base claims as outlined above.
Forbes, Jr. further teaches wherein the comparing includes generating a ratio between the portion of electrical energy generation rights consumed and the portion of energy generated by end users (paragraph 0131-0133).
As to claim 3 Forbes, Jr. teach and Crabtree teaches all the limitations of the base claims as outlined above.
Forbes, Jr. further teaches further including generating electrical energy by the end users based upon the distributed electrical energy generation rights (paragraph 0156-0157).
As to claim 4, Forbes, Jr. teach and Crabtree teaches all the limitations of the base claims as outlined above.
Forbes, Jr. further teaches wherein the generating of electrical energy includes switching ON an electrical generator via a control circuit that controls a status (ON/OFF) of an electrical energy generator (paragraph 0136, 0239 and 0206).
As to claim 5, Forbes, Jr. teach and Crabtree teaches all the limitations of the base claims as outlined above.
Forbes, Jr. further teaches wherein the electrical energy generator monitors and reports the amount of energy generated (paragraph 0172-0178).
As to claim 6, Forbes, Jr. teach and Crabtree teaches all the limitations of the base claims as outlined above.
Crabtree further teaches wherein a sum of the multiple measurable amounts of electrical energy generation rights does not exceed the amount of electrical energy authorized to be generated by the digital energy asse (paragraph 0097-0101, FIG. 14-15).
As to claim 7, Forbes, Jr. teach and Crabtree teaches all the limitations of the base claims as outlined above.
Forbes, Jr. further teaches wherein the digital energy asset is received from an authorization-to-generate marketplace (paragraph 0134-0135).
As to claim 8, Forbes, Jr. teach and Crabtree teaches all the limitations of the base claims as outlined above.
Forbes, Jr. further teaches wherein the digital energy asset is a depleting asset with depletion determined as proportional to energy generated by an end use(paragraph0242-0244 and 0194-0198).
It is noted that any citations to specific, pages, columns, lines, or figures in the prior art references and any interpretation of the reference should not be considered to be limiting in any way. A reference is relevant for all it contains and may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art. See MPEP 2123.
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.
Forbes, Jr. et al USPGPUB 2015/0066231 a system and methods for financial settlement of transactions within an electric power grid network are disclosed. A multiplicity of active grid elements are constructed and configured for electric connection and network-based communication over a blockchain-based platform. The multiplicity of active grid elements are operable to make peer-to-peer transactions based on their participation within the electric power grid by generating and executing a digital contract. The multiplicity of active grid elements generate messages autonomously and/or automatically within a predetermined time interval. The messages comprise energy related data and settlement related data. The energy related data of the multiplicity of active grid elements are based on measurement and verification. The energy related data and the settlement related data are validated and recorded on a distributed ledger with a time stamp and a geodetic reference.
Mazzarella USPGPUB 20030144864 A1 teaches a system and method for operating a distributed power generation system comprising one or more Local Production Units (LPPUs) is provided. The method includes the steps of receiving and storing data relating to the operating performance of a plurality of LPPUs, receiving and storing data relating to the local power consumption for the plurality of LPPUs, determining the available aggregate quantity of excess power generation capacity for the plurality of LPPUs based upon the operating performance data and the power consumption data, communicating to at least one power purchasing entity an offer to sell at least part of the available aggregate quantity of excess power generation capacity, receiving from at least one power purchasing entity an order to purchase, and communicating with the plurality of LPPUs to provide each LPPU with instructions regarding the quantity of power to be produced. The system includes means for performing each of these steps.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZIAUL KARIM whose telephone number is (571)270-3279. The examiner can normally be reached on Monday-Thursday 8:00-4:00 PM EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mohammad Ali can be reached on 571 272 4105. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ZIAUL KARIM/Primary Examiner, Art Unit 2119
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