Prosecution Insights
Last updated: August 15, 2026
Application No. 18/125,296

METHOD AND APPARATUS FOR MANAGING DISTRIBUTED ENERGY RESOURCES

Final Rejection §103
Filed
Mar 23, 2023
Priority
Mar 24, 2022 — provisional 63/323,242
Examiner
KESSIE, DANIEL
Art Unit
2836
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Enphase Energy Inc.
OA Round
6 (Final)
62%
Grant Probability
Moderate
7-8
OA Rounds
0m
Est. Remaining
86%
With Interview

Examiner Intelligence

Grants 62% of resolved cases
62%
Career Allowance Rate
439 granted / 708 resolved
-6.0% vs TC avg
Strong +24% interview lift
Without
With
+24.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
49 currently pending
Career history
775
Total Applications
across all art units

Statute-Specific Performance

§101
1.2%
-38.8% vs TC avg
§103
58.8%
+18.8% vs TC avg
§102
18.0%
-22.0% vs TC avg
§112
17.6%
-22.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 708 resolved cases

Office Action

§103
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 . 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) 1-18 are rejected under 35 U.S.C. 103 as being unpatentable over Cherian et al. (US 2011/0106321) in view of Kinomura (US 2023/0034916) and further in view of Mannepalli (US 2022/0305942) Re Claims 1, 7 and 13; Cherian discloses an apparatus, method and a non-transitory computer readable storage medium for managing distributed energy resources, comprising: a first electrical area comprising (Fig. 1 125, 205, 210, 215, 205): at least one power producing distributed energy resource (125, 210); at least one power consuming distributed energy resource (250, and industrial load); and a controller (225) configured to monitor parameters of the at least one (250) and the at least one PDER (210, 125 etc.), receive second electrical area parameters from a second controller in a second electrical area (110, 125, 205, 220, 260 ), and control the at least one PDER (220, 125, 110) and the at least one CDER (260) based upon the parameters of the at least one CDER and the at least one PDER and the second electrical area parameters.(Par 0063-65) Cherian further discloses Indeed the present invention is equally capable of managing power added to the distributed energy grid from batteries as may be found in electric vehicles as long as the power is compatible with the grid format. (Par 0058) wherein the parameters of the at least one CDER and the at least one PDER comprise at least one of amount of energy being stored, state of charge regarding energy storage, state of charge of electric vehicles, or near-term projections of energy production or consumption. Cherian repeatedly discloses that power production and consumption are monitored, analyzed, and dynamically managed based on anticipated demand and generation conditions, which necessarily includes near-term projections. ¶0061 states that the regional control module actively manages power production, consumption, and distribution within its region. ¶0062 describes adjusting production and distribution in response to changing wind conditions, which requires anticipation of near-term generation capability. ¶0066 explains that when increased power demand is recognized, the regional control module directs additional power producers to meet the increased amount, indicating predictive assessment of consumption. ¶0069 teaches that applications dynamically manage interactions among consumers and power producers within a particular region. ¶0070 expressly states that visualization tools provide the ability to analyze load experienced in a region and determine availability of resources to distribute power, which directly corresponds to forecasting near-term production and consumption needs. While the reference does not always use the phrase “amount of energy being stored,” it expressly teaches management of distributed energy resources including storage, whose operation inherently requires knowledge of stored energy. ¶0064 discusses different types of power generation and energy resources having different response times and capabilities, including resources that store energy and later supply it to the grid. ¶0065 explains that the enterprise control module provides information regarding DER characteristics such as maximum output, minimum output, and response time—parameters that depend on stored energy capacity. ¶0069 explains that distributed power resources and controllable loads are managed dynamically within a region, which necessarily requires knowledge of how much energy is available from storage resources. The reference teaches continuous monitoring and adjustment of DER output in response to demand changes and system conditions, which inherently requires knowledge of how stored energy is changing over time. ¶0064 discusses varying response times and ramp-up characteristics of different power generation resources, which directly reflect rates of change in energy output or storage discharge. ¶0065 discloses that response time and output characteristics of DERs are communicated and used for control decisions. ¶0066 teaches issuing commands to power producers in an appropriate sequence to meet dynamic needs, which requires tracking changes in available energy over time. Cherian does not necessarily disclose wherein, when the first electrical area comprises an electric vehicle (EV), the controller is further configured to communicate with the second controller to determine a value that is related to a price of the energy for of charging and discharging in the first electrical area and the second electrical area and that is available to the EV, and communicate to the EV a determined value for charging and discharging the EV and wherein, when the second electrical area comprises a second electric vehicle (EV), the second controller is configured to directly communicate with the controller to determine whether the electric vehicle (EV) and the second electric vehicle (EV) are to be treated as a PDER for exporting energy to a grid or a CDER for importing energy from the gird to assist with grid stability, However, Kinomura discloses wherein, when the first electrical area comprises an electric vehicle (2B), the controller is further configured to communicate with the second controller (5) to determine a value of the energy for of charging and discharging that is available to the EV (Controller 51 of DC charging stand 5 then integrates charging power measured during DC charging to calculate an amount of charging power in DC charging. This enables accurate calculation of the amount of charging power supplied from power distribution system 10, 0098, 0099 Controller 51 of DC charging stand 5 then integrates the discharging power measured during DC discharging to calculate an amount of discharging power in DC discharging. This enables accurate calculation of the amount of discharging power supplied from battery 20), and communicate to the EV a determined value for charging and discharging the EV. (Par 0098-100) wherein, when the second electrical area comprises a second electric vehicle (EV), the second controller is configured to directly communicate with the controller to determine whether the electric vehicle (EV) and the second electric vehicle (EV) are to be treated as a PDER for exporting energy to a grid or a CDER for importing energy from the gird to assist with grid stability, (Fig. 13 and par 0193-9) Therefore, it would have been obvious to one of the ordinary skilled in the art before the effective filing of the invention to have determined a value of the energy for charging and discharging in order to enable the desired load balancing in harmony with the utility customers preference. The combination does not disclose determine a value that is related to a price of the energy in the first electrical area and the second electrical area. However, Mannepalli discloses determine a value that is related to a price of the energy in the first electrical area and the second electrical area. (Par 0059, 63-65) Therefore, it would have been obvious to one of the ordinary skilled in the art before the effective filing of the invention to have determined the cost of energy at the appropriate location in order to save cost for the user during the charging and discharging of the vehicle. Re Claims 2, 8 and 14; Cherian discloses wherein the parameters of the at least one CDER and the at least one PDER comprise at least one of an amount of energy being produced, amount of energy being stored, amount of energy being consumed, state of charge regarding energy storage, state of charge of electric vehicles, or near-term projections of energy production or consumption. (Abstract, 0064) Re Claims 3, 9 and 15; Cherian discloses wherein the controller is further configured to compare of the at least one CDER and the at least one PDER with a predefined set of rules to control the at least one PDER and the at least one CDER.(Par 0063, 64, because Cherian dynamically controls the DER, it is implicit to have compared with a threshold in order to change a state) Re Claims 3, 10 and 16; Cherian discloses wherein the predefined set of rules is stored in a look up table that uses the parameters of the at least one CDER and the at least one PDER as input data. (Fig. 10, 11 shows the operation stored in the memory which includes lookup table) Re Claims 5, 11 and 17; Cherian discloses wherein the controller is further configured to determine if a message comprising the parameters of the at least one CDER and the at least one PDER needs to be sent to the second electrical area, and if the message needs to be sent to the second electrical area, the controller is further configured to communicate the message to the second electrical area. (Par 0138) Re Claims 6, 12 and 18; Cherian discloses wherein in response to receiving the message from the controller, the second electrical area is configured to at least one of release energy from storage onto a grid or reduce a current use of energy. (Par 0138-40) Re Claim 19 and 20; Levy disclose wherein the determined value is a best price. (Col. 1 line 37-45 Control within each independent load domain is determined by its own EV battery charging policy, which can be influenced by variable electricity rate plans (for example time-of-use pricing) as set by a utility or third party service. By exerting external control within each independent domain, a specific pre-negotiated re-charge policy can be exercised, thus the total load of the single point supply can be predicted and managed) Response to Arguments Applicant's arguments filed 05/20/26 have been fully considered but they are not persuasive. The examiner has carefully reviewed the applicant’s remarks and understands the distinctions the applicant is attempting to draw between the claimed controller and the disclosures of Chintan and Komnura. After considering the arguments in full, the examiner maintains that the combination of these references still reasonably suggests the claimed subject matter. Chintan provides a clear and detailed framework for managing energy flow between two electrical areas specifically, a power distribution system and an electric vehicle. In particular, Chintan explains that a second controller determines a value representative of the energy for charging and discharging the EV and communicates that value to the first controller. This disclosure is not incidental; it is central to Chintan’s architecture for coordinating energy transfer between the grid and the EV. When the applicant asserts that Chintan does not disclose a controller configured to determine such values, that assertion is inconsistent with the explicit description of the second controller’s role. The examiner therefore finds that Chintan directly addresses the core functionality recited in the claim. Turning to Komnura, the applicant argues that the reference does not disclose integrating charging power to calculate the amount of charging power supplied from the power distribution system. The examiner acknowledges the applicant’s interpretation but notes that Komnura expressly describes controller 51 integrating the charging power supplied from the grid in connection with DC charging operations. Integration of charging power is a conventional technique for quantifying energy transfer, and Komnura’s disclosure directly supports the portion of the claim relating to determining the amount of charging power. The rejection does not rely on Komnura for discharging‑related calculations; Chintan already provides that teaching. Komnura is cited solely for its integration of charging power, which is a predictable and well‑understood method that a skilled artisan would readily apply within Chintan’s bidirectional energy‑management framework. Chintan’s disclosure goes beyond merely describing communication between controllers. It explicitly teaches that the second controller determines a value representative of the energy for both charging and discharging the EV. This determination is used to coordinate energy flow between the EV and the power distribution system. Because the reference already teaches calculating energy values in both directions, a person of ordinary skill in the art would recognize that Chintan provides the foundational logic for the claimed controller’s ability to determine charging and discharging energy. The applicant’s argument that Chintan does not disclose such a controller is therefore inconsistent with the reference’s explicit description of its energy‑determination functionality. Komnura supplements Chintan by providing a specific implementation detail: integrating charging power supplied from the grid using controller 51. Komnura explains that the controller integrates the charging power associated with DC charging operations to determine the amount of energy delivered to the EV. This integration step is a conventional and predictable method for quantifying energy transfer. When combined with Chintan’s bidirectional energy‑determination framework, Komnura’s integration technique naturally leads to the claimed controller functionality. A skilled artisan would readily apply Komnura’s integration method within Chintan’s architecture to achieve accurate measurement of charging energy. The motivation to combine Chintan and Komnura arises directly from their shared objective: improving the accuracy and reliability of energy transfer measurements between an EV and external electrical infrastructure. Chintan teaches determining values representative of charging and discharging energy, while Komnura teaches integrating charging power supplied from the grid. A person of ordinary skill in the art would recognize that integrating charging power is a straightforward enhancement to Chintan’s existing energy‑determination framework. The combination therefore represents a predictable use of prior‑art elements according to their established functions, and the applicant’s arguments do not overcome this obviousness rationale. 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 DANIEL KESSIE whose telephone number is (571)272-4449. The examiner can normally be reached Monday-Friday 8am-5pmEst. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rexford Barnie can be reached on (571) 272-7492. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /DANIEL KESSIE/ 07/27/2026 Primary Examiner, Art Unit 2836
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Prosecution Timeline

Show 8 earlier events
Apr 11, 2025
Non-Final Rejection mailed — §103
May 14, 2025
Response Filed
Jun 26, 2025
Final Rejection mailed — §103
Jul 28, 2025
Request for Continued Examination
Aug 04, 2025
Response after Non-Final Action
Jan 28, 2026
Non-Final Rejection mailed — §103
May 20, 2026
Response Filed
Jul 29, 2026
Final Rejection mailed — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

7-8
Expected OA Rounds
62%
Grant Probability
86%
With Interview (+24.1%)
3y 2m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 708 resolved cases by this examiner. Grant probability derived from career allowance rate.

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