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 03/04/2026, with a request for continued examination filed 03/04/2026.
Claims 3-7 are pending.
Claims 3 and 6 are amended.
Claims 1, 2, and 8-10 are cancelled.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 03/04/2026 has been entered.
Response to Arguments
Applicant’s arguments filed 03/04/2026 have been fully considered but they are not persuasive. Applicant's amendment necessitated the new citations to the amended limitations and interpretation of the cited prior art, but a short response to Applicants arguments will be provided here to supplement the newly cited limitations that follow.
Applicant’s arguments are primarily focused on that the applied prior art does not teach “a negative permissible amount is predetermined for the virtually-stored electric energy amount of the one of the users; and the information processing apparatus is configured to execute an electricity purchasing process according to an amount of electric energy that is output from the smart grid to the electrical equipment unit associated with the one of the users when the virtually-stored electric energy amount of the one of the users falls beyond the negative permissible amount” in claim 3 and “a positive permissible amount is predetermined for the virtually- stored electric energy amount of the one of the users" and that the information processing apparatus is configured to execute "an electricity selling process according to an amount of electric energy that is output from the electrical equipment unit associated with the one of the users to the smart grid when the virtually-stored electric energy amount of the one of the users exceeds the positive permissible amount” in claim 6.
In support of said arguments, Applicant states in pages 6-8 of the arguments that:
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The Examiner respectfully disagrees.
Applicant argues in the case of claim 3, that a “permissible negative amount” is a threshold applied to a value that is already negative, representing a deficit, and that the threshold in Basak relates to an actual physical charge remaining in a battery that cannot possibly be negative.
However, a reference must be considered for all that it may imply or suggest to one of ordinary skill in the art. While the threshold in paragraph 46 of Basak relates to a charge level, the context and implication of the paragraph cannot be ignored. Paragraph 46 of Basak relates to the remaining amount of charge, thus implying how much energy has been depleted in relation a tracked capacity of the energy storage. A person of ordinary skill in the art understands that an implied depletion (i.e. “withdrawal” of energy) can be characterized by a negative quantity. This is explicitly stated in Wang paragraph 45, where an energy withdrawal/depletion/usage can be symbolized as negative, and where Wang also explicitly states that an energy storage has maximum energy(i.e. capacity). Paragraph of Basak further states that if the remaining charge falls below the preset threshold, then an energy buying process is started. A remaining amount is an implication that of an amount left over from a top or previously established amount of energy. Furthermore, the fact that energy is falling in paragraph 46 of Basak, is another implication an amount of energy that can be characterized as a negative quantity and that is trending negative. In this case, the negative amount is an implied amount of depleted energy that is the counterpart of the remaining energy in relation to the capacity of the energy storage, since energy storage devices have a finite capacity. This also means that a preset buying threshold would be at the same location the implied depletion threshold, with the depletion quantity triggering a buying process when the counterpart implied depletion of the capacity will be more negative than the threshold (i.e., below the threshold).
With regards to claim 6, Applicant argues that “the positive permissible amount is therefore a threshold applied to a virtually-stored electric energy amount that represents accumulated credit within the smart grid system” and “[t]he threshold in Basak relates to actual physical charge remaining in a battery, not a virtually-stored amount that tracks accumulated energy transactions.” However, the claims do not mention any so-called “credit.” Additionally, the fact that Basak tracks a remaining energy amount of charge in view of selling, means that it is a tracking of accumulated storage energy related to a transaction. Furthermore, Basak is in the context of market system for selling energy or buying energy, which in a common interpretation is viewed as a virtual energy storage as applied to the market place, and the Basak thresholds are in relation to buying and selling.
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 3-7 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Publication No. 2020/0161858 to Wang et al., (hereinafter Wang), in further view of US Patent Publication No. 2022/0122163 to Obata et al., (hereinafter Obata), in further view of US Patent Publication No. 2011/0238519 to Basak et al., (hereinafter Basak), and in further view of US Patent Publication No. 2019/0190269 to de Hoog et al., (hereinafter Hoog).
Regarding claim 3, Wang teaches an information processing apparatus for a smart grid (System for a grid, see Figs. 1 to 5, Abs., P39, Wang), comprising:
a first memory storage unit recording respective virtually-stored electric energy amounts of a plurality of users of the smart grid, the virtually-stored electric energy amounts being respectively associated with the plurality of users (The system records, in at least a ledger and/or user repositories, energy transaction amounts between user respective users and the grid, and among users. Any variable or quantity representative of an energy amount that can or is transferred or transferrable is being interpreted as virtually-stored electric energy amount, see P71, p70, P25, p39, 33, Wang), wherein:
the first memory storage unit is configured to record the virtually-stored electric energy amount of one of the users as a positive amount according to an amount of electric energy that is greater than 0 when the virtually-stored electric energy amount of the one of the users is greater than 0 (Energy transaction where energy/power is withdrawn or injected through the grid, as the case may be, where an injected amount of energy can be modeled as a positive amount (i.e. greater than zero), where transaction details are recorded in ledgers that include energy amounts, see P45, 57, 56-57, 69-71, Fig. 12, Wang ), and to record the virtually-stored electric energy amount of the one of the users as a negative amount according to an amount of electric energy that is less than 0 when the virtually-stored electric energy amount of the one of the users is less than 0 (Energy transaction where energy/power is withdrawn or injected through the grid, as the case may be, where a withdrawn amount of energy can be modeled as a negative amount (i.e. less than zero), where transaction details are recorded in ledgers that include energy amounts, see P45, 57, 56-56, 69-71, Fig. 12, Wang );
and the virtually-stored electric energy amount of the one of the users stored in the first memory storage unit is configured to be arithmetically increased according to an amount of electric energy that is output from an electrical equipment unit associated with the one of the users to the smart grid (Energy transaction through the grid, where users can request and buy/sell energy as needed, meaning in the case of a user selling energy, they arithmetically receive an amount of unit credit (an increase) representing energy amount the user outputs in the transaction, where variables are collected (recorded), see P45, 57, 56-57, 69-71, Table II, 60, 65, Fig. 12, Wang) and to be arithmetically reduced according to an amount of electric energy that is output from the smart grid to the electrical equipment unit associated with the one of the users (Energy transaction through the grid, where users can request and buy/sell energy as the case may be, meaning in the case of a user buying energy, they arithmetically have to have deducted an amount of unit credit (a decrease) representing energy amount the grid outputs to them in the transaction, where variables are collected (recorded), see P45, 57, 56-57, 69-71, Table II, 60, 65, Fig. 12, Wang);
and the smart grid is configured to transfer electrical power from a first user of the users having the positive amount to a second user of the users having the negative amount (Energy in excess is discharged for transfer to those in need as established by contracts, meaning from those users having a positive amount (i.e. of energy, in other words an excess) to those having a negative amount (i.e. of excess energy, in other words a deficit), see p81, P45, 57, 56-57, 69-71, Table II, 60, 65, Fig. 12, Wang),
wherein: a negative permissible amount is predetermined for a virtually-stored electric energy amount of the one of the users (A contract for energy transaction amount (or negotiated transference ), where a withdrawn amount of energy can be modeled as a negative amount, meaning the contract predetermines a negative permissible amount that will be transferred, see p56, P45, 57, 56-56, 69-71, Fig. 12, Wang); and the information processing apparatus is configured to execute an electricity purchasing process according to an amount of electric energy that is output from the smart grid to the electrical equipment unit associated with the one of the users (Buying of energy, see p57, P56, Wang).
While Wang implies a permitted amount electric energy to receive in the sense that a contract for energy has an implication that an party of the contract has agreed to permit receipt (e.g. positive or negative receipt) of an agreed to energy transaction amount that will be transferred to from a user to another through the grid (see p56, P45, 57, 56-56, 69-71, Fig. 12, Wang),
Obata, from the same or similar field of energy transfers and transaction, more explicitly teaches electric energy amounts indicating an amount of electric energy that each of a plurality of users is permitted to receive from a grid for each of the plurality of users (Amounts of available electrical energy that (e.g. stored energy) that is for receipt through a grid by each of users in a market place, is permitted by contract execution. Additionally, in a secondary sense, the energy amounts permitted to be withdrawn by way of an offer or the amount of energy to be supplied by way of a bid, has a maximum permitted amounts in the sense of determined limits, see p10, p48, Fig. 4C, p61, p18, p51, p11, Obata).
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 grid and energy transaction market as described by Wang and incorporating an amount of electric energy permitted to be received, as taught by Obata.
One of ordinary skill in the art would have been motivated to do this modification in order to better determine an agreed upon amount of energy that a party will be allowed to receive, including withdrawal (i.e., negative receipt), and available capacity that can be transferred from a peer with capacity to supply energy to another peer needing energy ( see p10, p48, p18, p61, Fig. 4C, p48, p51, p11, Obata).
Wang does not explicitly teach purchase when an electric energy amount of a one of a users falls beyond a negative permissible amount.
However, Basak from the same or similar field of energy markets, teaches purchase when an electric energy amount of a one of a users falls beyond a negative permissible amount. (Energy is bought when an energy amount is below a threshold (i.e. a negative amount permissible from a top amount), see P46, Basak).
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 grid and energy transaction market as described by the combination that includes Wang and incorporating a purchase when an amount falls below an amount, as taught by Basak.
One of ordinary skill in the art would have been motivated to do this modification in order to better ensure energy will be purchased and available when an amount of local energy has fallen below a minimum desired needed amount ( see P46, Basak).
While Wang and Basak imply positive and negative amounts of energy,
Hoog, from the same or similar field of energy storage, energy market, and energy transference, more explicitly teaches positive and negative amounts of energy (An amount of energy power can be real numbers that can include negative and positive values, see P32, p16, p42, Hoog)
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 grid and energy transaction market as described by the combination that includes Wang and incorporating positive and negative values of energy amounts, as taught by Hoog.
One of ordinary skill in the art would have been motivated to do this modification in order to better mathematically represent specified property or action related to an energy capacity or amount, such as signifying the amount of power for withdrawal versus supply, or of an amount indicative of a surplus or deficit ( see P32, Hoog; see P45, Wang; see P40, 46, 35, 47, Basak).
Regarding claim 4, the combination of Wang, Obata, Basak, and Hoog teaches all the limitations of the base claim as outlined above, and are analyzed as previously discussed with regard to that claim.
Wang further teaches wherein a negative permissible amount is determined according to an amount of electric energy that is output from an electrical equipment unit associated with one of users to a smart grid for a predetermined period (A contract for energy transaction amount where a withdrawn amount of energy can be taken as a negative amount, meaning the contract permits a negative permissible amount that will be transferred to from a user to another through the grid, see p56, P45, 57, 56-56, 69-71, Fig. 12, Wang).
Regarding claim 5, the combination of Wang, Obata, Basak, and Hoog teaches all the limitations of the base claim as outlined above, and are analyzed as previously discussed with regard to that claim.
Wang further teaches wherein a negative permissible amount is determined according to a predicted value of amount of electric energy that is output from an electrical equipment unit associated with one of users to a smart grid for a predetermined period (P2P (peer to peer) energy transfer requests include consideration of day-ahead forecasts (i.e. a predicted value amount) in determining transfers, see P55-56, P81, Wang).
Regarding claim 6, Wang teaches an information processing apparatus for a smart grid (System for a grid, see Figs. 1 to 5, Abs., P39, Wang), comprising:
a first memory storage unit recording respective virtually-stored electric energy amounts of a plurality of users of the smart grid, the virtually-stored electric energy amounts being respectively associated with the plurality of users (The system records, in at least a ledger and/or user repositories, energy transaction amounts between user respective users and the grid, and among users. Any variable or quantity representative of an energy amount that can or is transferred or transferrable is being interpreted as virtually-stored electric energy amount, see P71, p70, P25, p39, 33, Wang), wherein:
the first memory storage unit is configured to record the virtually-stored electric energy amount of one of the users as a positive amount according to an amount of electric energy that is greater than 0 when the virtually-stored electric energy amount of the one of the users is greater than 0 (Energy transaction where energy/power is withdrawn or injected through the grid, as the case may be, where an injected amount of energy can be modeled as a positive amount (i.e. greater than zero), where transaction details are recorded in ledgers that include energy amounts, see P45, 57, 56-57, 69-71, Fig. 12, Wang ), and to record the virtually-stored electric energy amount of the one of the users as a negative amount according to an amount of electric energy that is less than 0 when the virtually-stored electric energy amount of the one of the users is less than 0 (Energy transaction where energy/power is withdrawn or injected through the grid, as the case may be, where a withdrawn amount of energy can be modeled as a negative amount (i.e. less than zero), where transaction details are recorded in ledgers that include energy amounts, see P45, 57, 56-56, 69-71, Fig. 12, Wang );
and the virtually-stored electric energy amount of the one of the users stored in the first memory storage unit is configured to be arithmetically increased according to an amount of electric energy that is output from an electrical equipment unit associated with the one of the users to the smart grid (Energy transaction through the grid, where users can request and buy/sell energy as needed, meaning in the case of a user selling energy, they arithmetically receive an amount of unit credit (an increase) representing energy amount the user outputs in the transaction, where variables are collected (recorded), see P45, 57, 56-57, 69-71, Table II, 60, 65, Fig. 12, Wang) and to be arithmetically reduced according to an amount of electric energy that is output from the smart grid to the electrical equipment unit associated with the one of the users (Energy transaction through the grid, where users can request and buy/sell energy as the case may be, meaning in the case of a user buying energy, they arithmetically have to have deducted an amount of unit credit (a decrease) representing energy amount the grid outputs to them in the transaction, where variables are collected (recorded), see P45, 57, 56-57, 69-71, Table II, 60, 65, Fig. 12, Wang);
and the smart grid is configured to transfer electrical power from a first user of the users having the positive amount to a second user of the users having the negative amount (Energy in excess is discharged for transfer to those in need as established by contracts, meaning from those users having a positive amount (i.e. of energy, in other words an excess) to those having a negative amount (i.e. of excess energy, in other words a deficit), see p81, P45, 57, 56-57, 69-71, Table II, 60, 65, Fig. 12, Wang),
wherein: a negative permissible amount is predetermined for a virtually-stored electric energy amount of the one of the users (A contract for energy transaction amount (or negotiated transference ), where a withdrawn amount of energy can be modeled as a negative amount, meaning the contract predetermines a negative permissible amount that will be transferred, see p56, P45, 57, 56-56, 69-71, Fig. 12, Wang); and the information processing apparatus is configured to execute an electricity purchasing process according to an amount of electric energy that is output from the smart grid to the electrical equipment unit associated with the one of the users (Buying of energy, see p57, P56, Wang).
While Wang implies a permitted amount electric energy to receive in the sense that a contract for energy has an implication that an party of the contract has agreed to permit receipt (e.g. positive or negative receipt) of an agreed to energy transaction amount that will be transferred to from a user to another through the grid (see p56, P45, 57, 56-56, 69-71, Fig. 12, Wang),
Obata, from the same or similar field of energy transfers and transaction, more explicitly teaches electric energy amounts indicating an amount of electric energy that each of a plurality of users is permitted to receive from a grid for each of the plurality of users (Amounts of available electrical energy that (e.g. stored energy) that is for receipt through a grid by each of users in a market place, is permitted by contract execution. Additionally, in a secondary sense, the energy amounts permitted to be withdrawn by way of an offer or the amount of energy to be supplied by way of a bid, has a maximum permitted amounts in the sense of determined limits, see p10, p48, Fig. 4C, p61, p18, p51, p11, Obata).
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 grid and energy transaction market as described by Wang and incorporating an amount of electric energy permitted to be received, as taught by Obata.
One of ordinary skill in the art would have been motivated to do this modification in order to better determine an agreed upon amount of energy that a party will be allowed to receive, including withdrawal (i.e., negative receipt), and available capacity that can be transferred from a peer with capacity to supply energy to another peer needing energy ( see p10, p48, p18, p61, Fig. 4C, p48, p51, p11, Obata).
Wang further teaches wherein: a positive permissible amount is predetermined for the virtually-stored electric energy amount of the one of the users (A contract for energy transaction amount (or negotiated transference), where an injected amount of energy can be modeled as a positive amount, meaning the contract predetermines a positive permissible amount that will be transferred, see p56, P45, 57, 56-56, 69-71, 24, Fig. 12, Wang); and the information processing apparatus is configured to execute an electricity selling process according to an amount of electric energy that is output from the electrical equipment unit associated with the one of the users to the smart grid (Selling energy of energy on contracts and requests that establish a permissible positive amount injected for the selling peer, see p57, P56, 39, 44, Wang).
Wang does not explicitly teach sell when an electric energy amount of one of a users exceeds a positive permissible amount.
However, Basak from the same or similar field of energy markets, teaches sell when an electric energy amount of one of a users exceeds a positive permissible amount (Energy is sold when an energy amount is above more than a threshold (i.e. a positive amount to permit selling), see P40, Basak).
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 grid and energy transaction market as described by the combination that includes Wang and incorporating a selling when an amount is above an amount, as taught by Basak.
One of ordinary skill in the art would have been motivated to do this modification in order to better ensure energy that is sold is supplementary and at least a needed amount of reserve can be left if desired ( see P40, Basak).
While Wang and Basak imply positive and negative amounts of energy,
Hoog, from the same or similar field of energy storage, energy market, and energy transference, more explicitly teaches positive and negative amounts of energy (An amount of energy power can be real numbers that can include negative and positive values, see P32, Hoog)
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 grid and energy transaction market as described by the combination that includes Wang and incorporating positive and negative values of energy amounts, as taught by Hoog.
One of ordinary skill in the art would have been motivated to do this modification in order to better mathematically represent specified property or action related to an energy capacity or amount, such as signifying the amount of power for withdrawal versus supply, or of an amount indicative of a surplus or deficit ( see P32, Hoog; see P45, Wang; see P40, 46, Basak).
Regarding claim 7, the combination of Wang, Obata, Basak, and Hoog teaches all the limitations of the base claim as outlined above, and are analyzed as previously discussed with regard to that claim.
Basak further teaches wherein a positive permissible amount is determined according to a storable capacity of one of a plurality of electricity storage devices connected to a smart grid, the one of the plurality of electricity storage devices being usable by one of users (A positive amount of energy to sell (inject) is based on an amount of energy of a storage device being above an amount, meaning a capacity of energy is present to be sold, see P40, Basak).
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 grid and energy transaction market as described by the combination including Wang and incorporating consideration of a capacity, as taught by Basak.
One of ordinary skill in the art would have been motivated to do this modification in order to better ensure energy that is sold from a distributed energy source has enough supplementary capacity and at least a needed amount of reserve can be left if desired (see P40, Basak).
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Lof et al., US. Patent Publication No. 2002/0103745 teaches a virtual energy storage account used in a tracking mechanism for tracking an amount of potential energy not expended from another facility, and that can be used to substitute a shortfall in power production, and where the stored virtual energy is fungible.
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).
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, 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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