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 .
Amendment(s) and Claim Status
In the Amendment filed November 24, 2025, claims 1 and 12 were amended to further address 35 USC 112 issues, as well as further define the scope of the intended invention. Claims 1-20 have been presented for further consideration, and are pending.
Response to Arguments
In light of the proposed amendments, applicant’s arguments regarding the 35 USC 112 rejections have been fully considered and are persuasive. The prior 35 USC 112 rejections have been withdrawn. Regarding the art rejections, applicant's arguments are directed to newly filed amendments not yet considered by the examiner. As such, the following Office Action has been updated to address the amended claim language and applicant's remarks.
Claim Objections
Claims 1 and 12 are objected to because of the following informalities: the text presented in quotes and parenthesis reiterate the previously presented (e.g., initial) term sets, and presents a second (e.g., duplicate) copy of the terms. As such, the secondary recitation obscures the meaning of the initial terminology. The initial notice is clear in recognizing the received data and forecasted information, and adequately recognizes the intended content. The quoted terminology is not needed. Appropriate correction is required.
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 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Meagher, US Patent Application Publication No. 2011/0082597 (published April 7, 2011, hereinafter MEAGHER), in view of Ozog, US Patent Application Publication No. 2010/0179704 (published July 15, 2010, hereinafter OZOG).
As per claim 1 (Currently Amended), MEAGHER teaches of a method comprising:
receiving data associated with at least one of a hybrid system and an independent system operator system (see fig. 7; fig. 12; and par. 77, 92, and 110: method for capturing a plurality of real-time data associated with the hybrid system and user(s) independent system(s));
forecasting information, by one or more forecasting models based on the received data associated with at least one of energy storage and energy generation (see par. 15, 33, and 110: method for generating energy forecast associated with real-time and virtual operations using forecast models, employing both energy storage and generation data);
determining, based on the forecasted information, a threshold gain for operating [[a]] the hybrid system, the threshold gain representing a calculated profit value that is determined according to an optimization process that accounts for variability in at least one of the received data and the forecasted information (see par. 15: method evaluates minimum and maximum [threshold] energy parameters, wherein the resultant is based on profit values resulting from optimization processing);
receiving input data associated with a user device (see fig. 10 and par. 47 and 54: method captures user device data in association with interface input);
applying the input data associated with the user device to an optimization model and configuring the hybrid system based on the input data (see fig. 7; fig. 9 and par. 14-16, 44 and 50: input data is evaluated respective of real-time and virtual models to assess energy demands, allocations and distribution based on input data); and
based on the forecasted information and applied input data associated with the user
device, generating and sending a proposed value for operating the hybrid system for independent microgrids and independent elements of a system for a service (see par. 34: allocation information is sent to elements of the system for optimum distribution).
While MEAGHER focuses on monitoring and managing the operation of microgrids respective macrogrids (see above citations), the art fails to explicitly address sending a proposed value to an independent system operator system for a service.
Like MEAGHER, OZOG is directed to an energy distribution method which captures user, system, market and energy related data, in an effort to optimize the distribution of resources. However, OZOG further teaches of a method for sending data to an independent servicing operator (ISO) as a means for introducing a time delay for frequency regulation and accurate determination of forecast and duty cycles (see par. 139).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention, to employ the use of OZOG's method of introducing an ISO with MEAGHER's method of data collection, forecasting and allocation of resources, to introduce a time delay for assessing system and operational conditions and determining an accurate forecast for the optimization of resources.
As per claim 2, the combination of MEAGHER and OZOG teaches all of the limitations noted in the base claim(s) as outlined above, wherein MEAGHER further teaches of the method of claim 1, wherein the data comprises live data associated with the hybrid system or market data associated with the independent system operator system (see par. 6: microgrid data is considered independent of the macrogrid, which allows the system to model scenarios and apply both hybrid and market data independent of the macrogrid).
As per claim 3, the combination of MEAGHER and OZOG teaches all of the limitations noted in the base claim(s) as outlined above, wherein MEAGHER further teaches of the method of claim 2, wherein the live data comprises system status (par. 38: operational status data), latest solar generation data (par. 111: solar power generation data), on-site metrological data (par. 32 and 111, weather and wind turbine generation data), state of charge of a battery system, or on-site load (see par. 6 and 34: live/real-time data consist of grid and local load level data, wherein OZOG further teaches of battery and electric vehicle storage data (see fig. 14A, 15A, 15B and par. 11-12 and 18).
As per claim 4, the combination of MEAGHER and OZOG teaches all of the limitations noted in the base claim(s) as outlined above, wherein MEAGHER further teaches of the method of claim 2, wherein the market data comprises market value data (see par. 32-34: market-based pricing, forecasting and predictions associated with distributed energy).
As per claim 5, the combination of MEAGHER and OZOG teaches all of the limitations noted in the base claim(s) as outlined above, wherein MEAGHER further teaches of the method of claim 4, wherein the market value data comprises regional market Data regulation up, regulation down, or spin value associated with energy generation (par. 35: 33-35: market data related to regional systems with distributed resources).
As per claim 6, the combination of MEAGHER and OZOG teaches all of the limitations noted in the base claim(s) as outlined above, wherein MEAGHER further teaches of the method of claim 1, wherein the forecasting information comprises determining a future renewable energy generation as a range of potential outputs (see par. 51: power flow models forecast maximum and minimum power factor values).
As per claim 7, the combination of MEAGHER and OZOG teaches all of the limitations noted in the base claim(s) as outlined above, wherein MEAGHER further teaches of the method of claim 6, wherein the future renewable energy generation comprises energy generated by solar, wind or electric vehicle (EV) load (par. 32 and 111: hybrid system consist of wind and solar generation units, wherein OZOG further addresses battery and electric vehicle sources (see par. 11-12 and 18)).
As per claim 8, the combination of MEAGHER and OZOG teaches all of the limitations noted in the base claim(s) as outlined above, wherein MEAGHER further teaches of the method of claim 1, wherein the forecasting information further comprises determining market values, as a set of potential scenarios with likelihood of occurrences (see par. 101: various scenarios can be tested, wherein predicted output data can be further examined by the user for application purposes).
As per claim 9, the combination of MEAGHER and OZOG teaches all of the limitations noted in the base claim(s) as outlined above, wherein MEAGHER further teaches of the method of claim 1, wherein the hybrid system comprises a combination of storage and renewable energy generation (see par. 7, 32 and 111: hybrid system consist of multiple energy storage and generation units, wherein OZOG further teaches of consideration respective of battery storage and electrical vehicles (see par. 11-12 and 18)).
As per claim 10, the combination of MEAGHER and OZOG teaches all of the limitations noted in the base claim(s) as outlined above, wherein OZOG further teaches of the method of claim 1, wherein the model is stochastically run (see par. 380-389: developing a stochastic specification to further define optimization parameters).
As per claim 11, the combination of MEAGHER and OZOG teaches all of the limitations noted in the base claim(s) as outlined above, wherein MEAGHER further teaches of the method of claim 1, wherein the service comprises an energy service (see par. 34: public electrical services are closely monitored, wherein maintenance costs associated with management are tied to modeling).
As per claim 12 (Currently Amended), MEAGHER teaches of an energy storage optimization system, executable by a processor, the energy storage optimization system comprising executable instructions to:
receive data associated with at least one of a hybrid system and an independent system operator system (see fig. 7; fig. 12; and par. 77, 92, and 110: system captures a plurality of real-time data associated with the hybrid system and user(s) independent system(s));
forecast information, by one or more forecast models based on the received data, associated with at least one of energy storage [[or]] and energy generation (see par. 15, 33, and 110: system generates energy forecast associated with real-time and virtual operations using forecast models, employing both energy storage and generation data)
determine, based on the forecasted information, a threshold gain for operating a hybrid system, the threshold gain representing a calculated profit value that is determined according to an optimization process that accounts for variability in at least one of the received data and the forecasted information (see par. 15-16: system evaluates minimum and maximum [threshold] energy parameters, wherein the resultant is based on determined profit values resulting from optimization processing);
receive input data associated with a user device (see fig. 10 and par. 47, 54: system for capturing user device data in association with interface input);
apply the input data associated with the user device to an optimization model and configure the hybrid system based on the input data (see fig. 7; fig. 9 and par. 14-16, 44 and 50: input data is evaluated respective of real-time and virtual models to assess energy demands, allocations and distribution based on input data);; and
generate and send a proposed value for operating the hybrid system for a service, based on the forecasted information and applied input data associated with the user device par. 34: allocation information is sent to elements of the system for optimum distribution.
While MEAGHER focuses on monitoring and managing the operation of microgrids respective macrogrids (see above citations), the art fails to explicitly address sending a proposed value to an independent system operator system for a service.
Like MEAGHER, OZOG is directed to an energy distribution method which captures user, system, market and energy related data, in an effort to optimize the distribution of resources. However, OZOG further teaches of a system for sending data to an independent servicing operator (ISO) as a means for introducing a time delay for frequency regulation and accurate determination of forecast and duty cycles (see par. 139).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention, to employ the use of OZOG's system of introducing an ISO with MEAGHER's system of data collection, forecasting and allocation of resources, to introduce a time delay for assessing system and operational conditions and determining an accurate forecast for the optimization of resources.
As per claim 13, the combination of MEAGHER and OZOG teaches all of the limitations noted in the base claim(s) as outlined above, wherein MEAGHER further teaches of the system of claim 12, wherein the forecast information comprises determining: a future renewable energy generation as a range of potential outputs (see par. 51: power flow models forecast maximum and minimum power factor values); and market data as a set of potential scenarios with likelihood of occurrences (see par. 101: various scenarios can be tested, wherein predicted output data can be further examined by the user for application purposes).
As per claim 14, the combination of MEAGHER and OZOG teaches all of the limitations noted in the base claim(s) as outlined above, wherein MEAGHER further teaches of the system of claim 12, wherein the data comprises a live data associated with the hybrid system, or a market data associated with the independent system operator system (see par. 6: microgrid data is considered independent of the macrogrid, which allows the system to model scenarios and apply both hybrid and market data independent of the macrogrid)
As per claim 15, the combination of MEAGHER and OZOG teaches all of the limitations noted in the base claim(s) as outlined above, wherein MEAGHER further teaches of the system of claim 14, wherein the live data comprises state of charge of a battery system or an on-site load (see par. 6 and 34: live/real-time data consist of grid and local load level data, wherein OZOG further teaches of charge data relative to battery systems (see fig. 14A, 15A, 15B and par. 11-12 and 18 )).
As per claim 16, the combination of MEAGHER and OZOG teaches all of the limitations noted in the base claim(s) as outlined above, wherein MEAGHER further teaches of the system of claim 14, wherein the live data received comprises on-site metrological data (par. 32 and 111, system receives weather and wind turbine generation input data).
As per claim 17, the combination of MEAGHER and OZOG teaches all of the limitations noted in the base claim(s) as outlined above, wherein MEAGHER further teaches of the system of claim 14, wherein the market data comprises market value data, wherein market value data comprises regulation up, regulation down, or spin associated with energy generation (see par. 35: 33-35: market data related to regional systems with distributed resources)).
As per claim 18, the combination of MEAGHER and OZOG teaches all of the limitations noted in the base claim(s) as outlined above, wherein MEAGHER further teaches of the system of claim 12, wherein the hybrid system comprises a combination of storage and renewable energy generation (see par. 7, 32 and 111: hybrid system consist of multiple energy storage and generation units, wherein OZOG further teaches of a hybrid system with also includes batteries and electric vehicles (see par. 11-12 and 18)
As per claim 19, the combination of MEAGHER and OZOG teaches all of the limitations noted in the base claim(s) as outlined above, wherein OZOG further teaches of the system of claim 12, wherein the model is stochastically run (see par. 380-389: developing a stochastic specification to further define optimization parameters).
As per claim 20, the combination of MEAGHER and OZOG teaches all of the limitations noted in the base claim(s) as outlined above, wherein MEAGHER further teaches of the system of claim 12, wherein the future renewable energy generation comprises energy generated by solar, wind, or electric vehicle load (par. 32 and 111: hybrid system consist of wind and solar generation units).
Citation of Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The cited Ericson et al., [“Hybrid Storage Market Assessment”], focuses on analyzing market conditions, needs and operational requirements, to establish dynamic hybrid systems suitable for a designated area, while Bocklisch [“Hybrid Energy Storage Approach for Renewable Energy Applications”], teach of using captured system, user, component and energy data to optimize energy use within varying environments. Aldeltawab et al., [“Market-Oriented Energy Management of a Hybrid Wind-Battery Energy Storage System via Model Predictive Control with Constraint Optimizer”] teaches of capturing environmental and operational data and optimize allocation of energy distribution based on market conditions and life-expectancy [cycle data relevant to component features].
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.
The applicant is strongly encouraged to contact the examiner if further clarifications are needed with respect to interpretation of currently presented claims and/or cited prior art.
A reference to specific paragraphs, columns, pages, or figures in a cited prior art reference is not limited to preferred embodiments or any specific examples. It is well settled that a prior art reference, in its entirety, must be considered for all that it expressly teaches and fairly suggests to one having ordinary skill in the art. Stated differently, a prior art disclosure reading on a limitation of Applicant's claim cannot be ignored on the ground that other embodiments disclosed were instead cited. Therefore, the Examiner's citation to a specific portion of a single prior art reference is not intended to exclusively dictate, but rather, to demonstrate an exemplary disclosure commensurate with the specific limitations being addressed. In re Heck, 699 F.2d 1331, 1332-33,216 USPQ 1038, 1039 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006,1009, 158 USPQ 275, 277 (CCPA 1968)). In re: Upsher-Smith Labs. v. Pamlab, LLC, 412 F.3d 1319, 1323, 75 USPQ2d 1213, 1215 (Fed. Cir. 2005); In re Fritch, 972 F.2d 1260, 1264, 23 USPQ2d 1780, 1782 (Fed. Cir. 1992); Merck& Co. v. BiocraftLabs., Inc., 874 F.2d 804, 807, 10 USPQ2d 1843, 1846 (Fed. Cir. 1989); In re Fracalossi, 681 F.2d 792,794 n.1,215 USPQ 569, 570 n.1 (CCPA 1982); In re Lamberti, 545 F.2d 747, 750, 192 USPQ 278, 280 (CCPA 1976); In re Bozek, 416 F.2d 1385, 1390, 163 USPQ 545, 549 (CCPA 1969).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KELVIN BOOKER whose telephone number is (571)272-7827. The examiner can normally be reached on M-F 9am-5pm.
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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/Kelvin Booker/
Examiner, Art Unit 2119
/MOHAMMAD ALI/Supervisory Patent Examiner, Art Unit 2119
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