DETAILED ACTION
This final office action is in response to amendments filed on 10/23/25.
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 § 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.
Claims 1, 2, 5, 10, 11 and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Liang et al., US Patent Application Publication no. 2019/0097424 [Liang].
Regarding claims 1, 10 and 19, Liang discloses non-transitory computer readable storage medium having instructions stored thereon which when executed by a processor perform a method for auditing and tracking energy flow in a distributed energy resource, comprising:
determining an amount of energy provided by a first energy source to the distributed energy resource of an energy management system configured to control energy distribution to a plurality of various distributed energy resources connected to the energy management system; determining an amount of energy provided by a second energy source different from the first energy source to the distributed energy resource [an energy metering unit of a user, household, company or office is connected to an electric power grid and measures the amount of power consumed by energy consuming devices of the user, household, company or office, paragraphs 0047-0048 and 0070. A user chooses a power subscription in which percentage or budget of power that is supplied from green or renewable energy sources, paragraph 0061. The first X kWh of power consumed during a subscription period is assumed to be from green or renewable energy sources and the rest of the power consumed during a subscription period is assumed to be from non-green or non-renewable energy sources, paragraph 0064. Therefore, the measured amount of power consumed by energy consuming devices includes a measurement of power provided by green or renewable energy sources (i.e. the amount of measured power consumed up to X kWh of power consumed during a subscription period) and a measurement of power provided by non-green or non-renewable energy sources (i.e. the amount of measured power consumed over X kWh during a subscription period)];
determining a ratio between energy provided by the first energy source and energy provided by the second energy source [determining a threshold power consumption for the energy consuming devices that reflects the amount of power consumed from green or renewable energy sources versus the amount of power consumed from non-green or non-renewable energy sources and comparing the measured energy consumed to the threshold, paragraphs 0067-0071];
determining a net energy metering score based on the determined ratio [determining whether the measured energy consumption exceeds the threshold, paragraph 0071]; and
automatically, via a DER controller connected to the energy management system, one of increasing or decreasing energy provided by at least one of the first energy source or energy provided by the second energy source to the distributed energy resource [the energy metering unit sends indications to the energy consuming device of whether the measured power consumption exceeds the threshold and the energy consuming devices decrease their power consumption in response to indications that the measured power has exceeded the threshold, paragraphs 0071, 0075 and 0077].
Regarding claims 2 and 11, Liang further discloses after determining the net energy metering score based on the determined ratio, providing the net energy metering score to a user [the user is signaled or warned when the energy consuming devices decrease their power consumption in response to indications that the measured power has exceeded the threshold, paragraphs 0077-0080].
Regarding claims 5 and 14, Liang further discloses that the first energy source is at least one of photovoltaic, wind, or hydro [green or renewable energy sources include solar, wind, tides or waves, paragraph 0061].
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.
Claims 6 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Liang et al., US Patent Application Publication no. 2019/0097424 [Liang].
Regarding claims 6 and 15, Liang is silent as to how the non-green or non-renewable energy sources are provided. Examiner takes official notice that electric grids before the effective filing date of the claimed invention conventionally supplied power from non-green or non-renewable energy sources that include at least one of coal, gas and oil. Accordingly, it would have been obvious to one of ordinary skill in the art to apply the Liang teachings to conventionally electric grids that include non-green or non-renewable energy sources that produce energy from at least one of coal, gas and oil.
Claims 4, 7-9, 13 and 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Liang et al., US Patent Application Publication no. 2019/0097424 [Liang], in view of Vardhan et al., US Patent Application Publication no. 2014/0324510 [Vardhan]1.
Regarding claims 4, 13 and 19, Liang does not disclose that the energy consuming devices include electric vehicles. Like Liang, Vardhan discloses an energy management system that controls the power provided to energy consuming devices such that such that a desired ratio of power consumed is from green or renewable energy sources. Vardhan further discloses that the energy consuming devices include electric vehicles [paragraph 0038]. Since electric vehicles were known types of energy consuming devices in energy management systems before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to apply the Liang teachings to known energy management systems that include electric vehicles in order to ensure that electricity being used to charge the electric vehicles is from green or renewable energy sources [Liang, paragraph 0064].
Regarding claims 7 and 16, Vardhan further discloses determining and storing at
least one of a location where a user charges the distributed energy resource or a time when the user charges the distributed energy resource [prior usage and charging
patterns including time of charging and a utility used to charge the vehicle are
determined and stored, paragraph 0047].
Regarding claims 8 and 17, Vardhan further discloses determining changes in the net energy metering score based on at least one of the location where the user charges the distributed energy resource or the time when the user charges the distributed energy resource [paragraphs 0034 and 0049-0053]. Vardhan does not disclose providing the net energy metering scores for different times and locations to a user. Examiner takes official notice that energy control systems before the effective filing date of the claimed invention conventionally provided pertinent energy control information to users. Accordingly, it would have been obvious to one of ordinary skill in the art to provide the net energy metering scores for different times and locations in Vardhan to a user.
Regarding claims 9 and 18, Vardhan further discloses determining a time when
the energy provided by the first energy source is at a maximum and when the energy
provided by the second energy source is at a minimum [determining a time period in
which the ratio of renewable energy is highest to maximize renewable energy usage,
paragraphs 0044, 0046, 0048 and 0051].
Regarding claims 20, Liang further discloses after determining the net energy metering score based on the determined ratio, providing the net energy metering score to a user [the user is signaled or warned when the energy consuming devices decrease their power consumption in response to indications that the measured power has exceeded the threshold, paragraphs 0077-0080].
Response to Arguments
Applicant’s arguments with respect to the claims 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.
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 PAUL B YANCHUS III whose telephone number is (571)272-3678. The examiner can normally be reached Monday-Friday 9am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kamini Shah can be reached at (571) 272-2279. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PAUL B YANCHUS III/Primary Examiner, Art Unit 2115 February 7, 2026
1 Vardhan was previously cited.