DETAILED ACTION
Final Rejection
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 .
Response to Amendment
Applicant’s amendments, filed 05/11/2026 to claims are accepted. In this amendment, claims 1,9 and 16 have been amended.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-22 are rejected under 35 U.S.C. § 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1
Each of claims1-22 falls within one of the four statutory categories. See MPEP § 2106.03. Each of claims 1-7 and 16-21 fall within category of process; Each of claim 9- 15 fall within category of machine, i.e., a “concrete thing, consisting of parts, or of certain devices and combination of devices.” Digitech, 758 F.3d at 1348–49, 111 USPQ2d at 1719 (quoting Burr v. Duryee, 68 U.S. 531, 570, 17 L. Ed. 650, 657 (1863)); and each of claims 8 and 22 is directed to a “One or more computer-readable media” and therefore falls within category of manufacture.1
Regarding Claims 1-7
Step 2A – Prong 1
Exemplary claim 1 is directed to an abstract idea of generating interval data associated with the billed consumption data.
The abstract idea is set forth or described by the following italicized limitations:
1. A method comprising:
receiving sample interval data for a first period of time from a sample meter associated with a customer class, the sample interval data indicating utility consumption at a plurality of intervals within the first period of time;
determining first weather data associated with the first period of time;
generating a load profile based at least in part on the sample interval data and the first weather data;
receiving billed consumption data associated with a utility meter, the billed consumption data comprising a single utility consumption value representing total utility consumption over a second period of time;
determining that the utility meter is associated with the customer class;
determining that second weather data associated with the utility meter corresponds to the first weather data;
applying the load profile to the billed consumption data based at least in part on the utility meter being associated with the customer class and the second weather data associated with the utility meter corresponding to the first weather data;
generating interval data associated with the billed consumption data based at least in part on applying the load profile to the billed consumption data, the billed consumption data comprising a single utility consumption value representing total utility consumption over a second period of time; and
storing the interval data.
The italicized limitations above represent a mental step (i.e., fundamental economic practice, a sales activity, managing interactions between people, and/or a process that can be performed by can be performed mentally and/or with pen and paper). Therefore, the italicized limitations fall within the subject matter groupings of abstract ideas enumerated in Section I of the 2019 Revised Patent Subject Matter Eligibility Guidance.
For example, the limitations “determining first weather data [..]; generating a load profile [..]; determining that the utility meter is associated with the customer class; determining that second weather data associated with the utility meter [..]; applying the load profile to the billed consumption data [..]; generating interval data associated with the billed consumption data [..]” are mental steps (i.e., fundamental economic practice, a sales activity, managing interactions between people, and/or a process that can be performed by can be performed mentally and/or with pen and paper), see 2106.04(a)(2).
Step 2A – Prong 2
Claims 1 does not include additional elements (when considered individually, as an ordered combination, and/or within the claim as a whole) that are sufficient to integrate the abstract idea into a practical application.
For example, first additional first element is “ receiving sample interval data for a first period of time from a sample meter associated with a customer class, the sample interval data indicating utility consumption at a plurality of intervals within the first period of time; receiving billed consumption data associated with a utility meter, the billed consumption data comprising a single utility consumption value representing total utility consumption over a second period of time; storing the interval data” to be performed, at least in-part, these additional elements appear to only add insignificant extra-solution activity (e.g., field of use and / or data gathering) and only generally link the abstract idea to a particular field. Therefore, this element individually or as a whole does not provide a practical application. See MPEP 2106.05(g).
For Examples, 2nd additional first element is “a sample meter associated with a customer class; sample meter, utility meter”: This element amounts to mere use of a generic sensor device , which is well understood routine and conventional (see background of current discloser and IDS and PTO 892) and this element individually does not provide a practical application. In view of the above, the “additional element” individually or combine does not provide a practical application of the abstract idea. see MPEP 2106.05(d).
In view of the above, the three “additional elements” individually do not provide a practical application of the abstract idea.
Step 2B
Claims1 does not include additional elements, when considered individually and as an ordered combination, that are sufficient to amount to significantly more than the abstract idea. For example, the limitation of Claim 1 contains additional elements that are, i.e. a sample meter associated with a customer class; a utility meter”, generic devices, which are well understood, routine and conventional (see background of current discloser and IDS and PTO 892) and MPEP 2106.05(d))The reasons for reaching this conclusion are substantially the same as the reasons given above in § Step 2A – Prong 2. For brevity only, those reasons are not repeated in this section. See MPEP §§ 2106.05(g) and MPEP §§2106.05(II).
Dependent Claims 2-7
Dependent claims 2-7 fail to cure this deficiency of independent claim 1 (set forth above) and are rejected accordingly. Particularly, claims 2-7 recite limitations that represent (in addition to the limitations already noted above) either the abstract idea or an additional element that is merely extra-solution activity, mere use of instructions and/or generic computer component(s) as a tool to implement the abstract idea, and/or merely limits the abstract idea to a particular technological environment.
For Examples, claim 2-7: imitations a combination of mental steps (i.e., fundamental economic practice, a sales activity, managing interactions between people, and/or a process that can be performed by can be performed mentally and/or with pen and paper) a, see 2106.04(a)(2).
Regarding Claims 8-22
Claims 8-20 contains language similar to claims 1-7 as discussed in the preceding paragraphs, and for reasons similar to those discussed above, claims 8-22 are also rejected under 35 U.S.C. § 101(abstract idea). Furthermore, claim 8, 9 and 22 contain the additional elements “a sample meter associated with a customer class; a utility meter ”. This element amounts to mere use of a generic device with computer components, which is well understood routine and conventional (see background of current discloser and IDS and PTO 892) and this element individually does not provide a practical application. In view of the above, the “additional element” individually or combine does not provide a practical application of the abstract idea. see MPEP 2106.05(d).
Response to Argument
Applicant’s arguments with respect 101 rejection, specially claims 1 and 16, The applicant did not agree with it, see, pages 9-10
In response, the Examiner respectfully disagree because limitations of claim 1 represent mental steps (i.e., a process that can be performed by can be performed mentally and/or with pen and paper). Therefore, the limitations, specifically claim1, above fall within the subject matter groupings of abstract ideas enumerated in Section I of the 2019 Revised Patent Subject Matter Eligibility Guidance. In view of the above, the three “additional elements” individually do not provide a practical application of the abstract idea. Furthermore, the “additional elements” in combination amount to a plurality of generic measuring device with computer component with software, where such computers and software amount to mere instructions to implement the abstract idea on a computer(s) and/or mere use of a generic computer component(s) as a tool to perform the abstract idea. Therefore, these elements in combination do not provide a practical application. The combination of additional elements does no more than generally link the use of the abstract idea to a particular technological environment, and for this additional reason, the combination of additional elements does no more than generally link the use of the abstract idea to a particular technological environment, and for this additional reason, the additional element does not provide a practical application of the abstract idea. Claim invention only recite the idea of a solution or outcome “outputting an analysis result” and do not include any details about how the “outputting a analysis result” is accomplished. See MPEP 2106.05(f). As such 101 rejection is maintained.
Applicant’s arguments with respect 102 rejection has been considered and withdrawn.
Examiner Notes
Although there are no prior art rejections over Claims 1, 9 and 16, the Examiner cannot comment on their allowability until all the rejections under 35 U.S.C 101 is satisfactorily addressed. Closest prior arts fails to teaches the limitation of “determining that second weather data associated with the utility meter corresponds to the first weather data; applying the load profile to the billed consumption data based at least in part on the utility meter being associated with the customer class and the second weather data associated with the utility meter corresponding to the first weather data; generating interval data associated with the billed consumption data based at least in part on applying the load profile to the billed consumption data, the billed consumption data comprising a single utility consumption value representing total utility consumption over a second period of time”
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 prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
a) Patricia et al. (US 20210125129) disclose receiving at least one utility consumption information from at least one utility consumption information source, wherein the at least one utility consumption information is associated with consumption of at least one utility corresponding to the at least one premises; receiving at least one premises information from at least one premises information source, wherein the at least one premises information is associated with the at least one premises; receiving at least one lifestyle information from at least one lifestyle information source, wherein the at least one lifestyle information is associated with at least one occupant of the at least one premises; and transmitting at least one utility fingerprint associated with the at least one premises to at least one electronic device;.
b) Singh et al. (US 20200118223) disclose Using artificial intelligence to automatically and intelligently extract critical data from utility bills, enrich the extracted data with other data, categorize the data, validate and detect anomalies in the data, draw insights from the data, and pro actively present usage recommendations based on the insights and respond to user inquiries regarding the data through a user-friendly interface.
c) Dan. et al. (US 20140188565) disclose describes techniques for detecting changes in demographic data of a customer based on energy consumption data of the customer. For example, a customer data management system receives energy consumption data of a customer and detects, based at least in part on the received energy consumption data of the customer, a change in demographic data associated with the customer. The customer data management system then outputs, based at least in part on the detecting, at least one demographic change report associated with the demographic data.
d) Jar. (US 20060106741) disclose A utility monitoring system and method for relaying to a consumer personalized utility consumption information in order to induce the consumer to conserve the utility. The system includes a data source, a processor coupled to the data source, and a display unit coupled to the processor. The processor receives utility consumption information from the data source. The processor then generates enhanced utility consumption information, as well as a display of the data. The processor may also provide Demand-Side Management for utility conservation based on the utility consumption information and the consumer's settings. The display is then transmitted to the display unit to be displayed. The display unit resides in the consumer's home or business. A broadband server may also be used to provide customized broadband information.
e) Joseph (US 20180293674) disclose A system of collecting retail consumer electricity kilowatt hour consumption interval data from the electric distribution company meter, on a real-time basis, at a multiple of locations, for the purpose of procuring and billing interval consumption through a wholesale electricity market managed by an independent system operator and billing those costs to specific customers based on their actual electricity consumption intervals. All customer electricity consumption is collected on a universal time interval and transmitted using cellular or wireless communications to a central data center and energy trading desk. When purchases of interval loads are completed for the day, the data server software allocates aggregate electricity costs back to individual customer accounts based on actual interval loads. Customers have access to real-time consumption and corresponding wholesale prices for purposes of curtailing consumption to reduce electricity interval costs. The system includes a billing mechanism for single rate billing on the electric distribution company utility bill.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMMAD K ISLAM whose telephone number is (571)270-0328. The examiner can normally be reached M-F 9:00 a.m. - 5:00 p.m..
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, Shelby A Turner can be reached at 571-272-6334. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MOHAMMAD K ISLAM/ Primary Examiner, Art Unit 2857
1 Applicant’s specification defines “One or more computer-readable media” as “computer-readable media and may take the form of volatile memory, such as random-access memory (RAM) and/or non-volatile memory, such as read only memory (ROM) or flash RAM. Computer-readable media includes volatile and non-volatile, removable and non-removable media implemented in any method or technology for storage of information such as computer-readable instructions” ([0023]).
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