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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 July 7, 2026 has been entered.
Amendment(s) and Claim Status
In the Amendment filed June 29, 2026, claims 1, 3, 11, 13, 16 and 18 were amended, and claims 14 and 19 stand canceled. Claims 1-13, 15-18 and 20-22 have been presented for further consideration and are pending.
Response to Arguments
Applicant's arguments are directed at 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 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 1-9 and 21-22 are rejected under 35 U.S.C. 103 as being unpatentable over De Hoog et al., US Patent Application Publication No. 2019/0181641 (published June 2019, hereinafter DE HOOG), in view of Fife, US Patent Application Publication No. 2021/0175720 (published June 2021, hereinafter FIFE20) and Fife et al., US Patent Application Publication No. 2020/0006944 (published January 2020, hereinafter FIFE44).
As per claim 1 (Currently Amended), DE HOOG teaches of a method comprising:
determining demand for electricity associated with a plurality of premises connected to an electrical grid, the plurality of premises including a distributed generation system associated with one of the plurality of premises (see fig. 1 and 4; and par. 48: energy generation and distribution based on expected models and operational environments);
determining available electricity supply for the plurality of premises and comparing the demand with the available electricity supply (see par. 36-37 and 39: the operational system acts to optimally match charging/discharging patterns by ensuring supply-demand balance, wherein supply is determined based on energy generation, scheduling and forecast expected demands);
in response to determining that the demand is higher than a first predetermined amount of the available electricity supply, supplementing the available electricity supply by causing a storage device associated with the distributed generation system to supply electricity to the electrical grid (see par. 62: dispatching exceeding energy to grid devices to maintain supply-demand balance and ensure demand is met from other devices);
in response to determining that the demand is lower than a second predetermined amount of the available electricity supply, storing excess electricity supply over the demand in the storage device (see par. 62-64 and 68: in considering availability, adjusting/reducing supply when metering device determines demand is below supply in an effort to balance supply-demand and characteristics); and
in response to determining that the available electricity supply exceeds the demand, reducing electricity supplied to the electrical grid by the at least one of one or more distributed generation systems (see fig. 2 and par. 62-69: system adjust, reduce or mitigate energy supply when a metering device determines demand is below supply in an effort to balance supply-demand and characteristics by redistribution of resources or discontinuing distribution and continue changing).
While DE HOOG teaches of a system and method which determines when device status is below operating capacity and further dispatching exceeding energy to grid devices to maintain supply-demand balance and ensure demand is met from other devices, the art fails to explicitly address a process of storing excess electricity supply over the demand in the storage device and storing excess electricity supply over the demand in the storage device by increasing a charging rate of the storage device.
Like DE HOOG, FIFE20 and FIFE44 are directed to maintaining supply-demand energy resources within a grid network by managing the distribution of power. However, FIFE20 further teaches of storing excess energy for subsequent use (see par. 38), while FIFE44 further teaches of employing an aggregation opportunity function which further allows the user to optimize excess energy accumulation by increasing stored energy via specifying an upshot for a determined time period, based on user defined energy needs (e.g., availability, future use, cost, pricing, etc.) (see par. 97, 103 and 106).
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 FIFE20 and FIFE44's method of storing excess energy and accumulating energy at an increased rate, with DE HOOG's method of distributing resources, to provide an efficient and effective method for optimizing energy usage by capturing and preserving excess energy for later use based on user determinants.
As per claim 2, the combination of DE HOOG, FIFE20 and FIFE44 teaches all of the limitations noted in the base claim(s) as outlined above, wherein DE HOOG further teaches of the method of claim 1, further comprising: in response to comparing the demand with the available electricity supply, selecting the storage device from multiple storage devices based on at least one of: state of charge of the storage device, or state of health of the storage device (see par. 39 and 50-60: system monitors the state of charge along with energy consumption and generation respective of the operational environment and grid systems).
As per claim 3 (Currently Amended), the combination of DE HOOG, FIFE20 and FIFE44 teaches all of the limitations noted in the base claim(s) as outlined above, wherein DE HOOG further teaches of the method of claim 2, wherein storing the excess electricity supply in the storage device includes causing the storage device to be available for charging by adjusting a charging schedule of at least one of the multiple storage devices (see par. 37: in monitoring energy generation, consumption and storage, the system supports adjusting/optimally scheduling charging and discharge functions for energy storage devices).
As per claim 4, the combination of DE HOOG, FIFE20 and FIFE44 teaches all of the limitations noted in the base claim(s) as outlined above, wherein DE HOOG further teaches of the method of claim 3, further comprising, in response to determining that the demand is lower than the second predetermined amount of the available electricity supply: reducing electricity supplied by the distributed generation system to the electrical grid (see par. 62-64 and 68: in considering availability, adjusting/reducing supply when metering device determines demand is below supply in an effort to balance supply-demand and characteristics).
As per claim 5, the combination of DE HOOG, FIFE20 and FIFE44 teaches all of the limitations noted in the base claim(s) as outlined above, wherein DE HOOG further teaches of the method of claim 1, wherein determining the demand associated with the plurality of premises includes:
receiving electricity usage data of the plurality of premises (see fig. 4-5; and par. 47 and 83: resources are pooled and multiple consumer devices are monitored and considered during metering) also see fig. 1-2 and 22 of FIFE20); and
determining the demand based at least in part on the electricity usage data (see par. 9: generating energy consumption data based on usage).
As per claim 6, the combination of DE HOOG, FIFE20 and FIFE44 teaches all of the limitations noted in the base claim(s) as outlined above, wherein DE HOOG further teaches of the method of claim 5, wherein receiving the electricity usage data of the plurality of premises includes receiving the electricity usage data from at least one of:
electricity metering devices associated with the plurality of premises (see fig. 1; and par. 43-44 and 47: system employs the use of dwelling/location smart metering devices which captures consumption data and provides feedback to a grid device),
the distributed generation system (see fig. 3-4; and par. 48: system supports distributed generation stations),
electric vehicle (EV) telematics of an EV connected to the electrical grid (see fig. 4; and par. 96: system supports monitoring and providing services to EVs), or
an EV supply equipment (EVSE) associated with the electrical grid (see par. 36, 47 and 96: system supports energy storing devices and supporting supply equipment associated with EVs).
As per claim 7, the combination of DE HOOG, FIFE20 and FIFE44 teaches all of the limitations noted in the base claim(s) as outlined above, wherein DE HOOG further teaches of the method of claim 5, wherein the electricity usage data includes:
present electricity consumption data associated with the plurality of premises (see par. 43: smart meters captures and records present consumption data via individual locals),
historical electricity consumption data associated with the plurality of premises (see par. 46: evaluating electricity usage based on historical use data),
present electricity generation data associated with the distributed generation system (see par. 39 and 43: smart meter sends captured data to a command generation module, which provides data to one or more energy storage devices), and
historical electricity generation data associated with the distributed generation system (see par. 46-47: historical generation data used to determine, evaluate and make adjustments to use models).
As per claim 8, the combination of DE HOOG, FIFE20 and FIFE44 teaches all of the limitations noted in the base claim(s) as outlined above, wherein DE HOOG further teaches of the method of claim 7, wherein determining the demand associated with the plurality of premises further includes: determining the demand based at least in part on the historical electricity consumption data associated with the plurality of premises (see par. 47: historical data relative to one or more dwellings are used to contrast energy use and distribution, allowing the system to make adjustments to balance supply-demand parameters).
As per claim 9, the combination of DE HOOG, FIFE20 and FIFE44 teaches all of the limitations noted in the base claim(s) as outlined above, wherein DE HOOG further teaches of the method of claim 5, further comprising: providing a forecast to a utility provider associated with the plurality of premises based at least in part on the electricity usage data, the forecast including at least one of predicted demand, predicted available supply, or event recommendations (see par. 37: system capable of optimally scheduling charge/discharge functions based on forecasted energy demand and generation).
As per claim 21, the combination of DE HOOG, FIFE20 and FIFE44 teaches all of the limitations noted in the base claim(s) as outlined above, wherein DE HOOG further teaches of the DERO of claim 11, wherein receiving the electricity usage data of the plurality of premises includes receiving the electricity usage data from at least one of: electricity metering devices associated with the plurality of premises, the distributed generation system, electric vehicle (EV) telematics of an EV connected to the electrical grid, or an EV supply equipment (EVSE) associated with the electrical grid (see fig. 4-5; and par. 36, 47 and 83: resources are pooled and multiple consumer devices are monitored and further evaluated during metering and system activities) also see fig. 1-2 and 22 and par. 70 of FIFE20).
As per claim 22, the combination of DE HOOG, FIFE20 and FIFE44 teaches all of the limitations noted in the base claim(s) as outlined above, wherein DE HOOG further teaches of the non-transitory computer-readable storage medium of claim 16, wherein the operations further comprise: providing a forecast to a utility provider associated with the plurality of premises based at least in part on the electricity usage data, the forecast including at least one of predicted demand, predicted available supply, or event recommendations (see par. 37: system capable of optimally scheduling charge/discharge functions based on forecasted energy generation, demand and environmental events/activities. FIFE20 also teaches of a time dependent predictive element which informs and manages aggregate power respective of a plurality of site controllers see fig. 11 and 17 and par. 94).
Claims 10-13, 15-18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over DE HOOG, FIFE20 and FIFE44, further in view of Lian et al., US Patent No. 11,159,044 (patented October 2021, hereinafter LIAN).
As per claim 10, the combination of DE HOOG, FIFE20 and FIFE44 teaches all of the limitations noted in the base claim(s) as outlined above, wherein DE HOOG further teaches of the method of claim 1, wherein determining the demand includes determining a demand level associated with the plurality of premises, and wherein determining the available electricity supply (see par. 36-37, 39 and 62: the operational system acts to optimally match charging/discharging patterns by ensuring supply-demand balance, wherein supply is determined based on energy generation, scheduling and forecast expected demands, and dispatching exceeding energy to grid devices to maintain supply-demand balance and ensure demand is met from other devices). However, the references fail to explicitly teach of available supply-demand levels at a transformer.
Like DE HOOG, FIFE20 and FIFE44, LIAN is directed to the distribution of energy resources in distribution systems. However, LIAN further teach of employing the use of transformers as system integrated devices used to decouple voltage in an aggregated power system (see col. 9).
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 LIAN's system and method of using transformers with DE HOOG, FIFE20 and FIFE44’s system and method of using system controllers and DERs in distributing balanced power within the network, to regulate power within sub-networks and provide a physical device for regulating power and delivering the distributed power to sub-networks.
As per claim 11 (Currently Amended), DE HOOG teaches of a distributed energy resource optimizer (DERO) (considered by the examiner as a DER controller, such as the command generation controller) comprising: one or more processors; and memory communicatively coupled to the one or more processors, the memory storing thereon computer executable instructions that, when executed by the one or more processors, cause the one or more processors to perform operations (see fig. 1 and par. 39: system incorporates multiple smart meters, distributed energy resource devices (DER) and energy supply devices which employs the use of processors, memory and storage devices, which use computer implemented software to perform activity on the system) comprising:
receiving electricity usage data from a plurality of electricity metering devices associated with a plurality of premises (see fig. 4-5; and par. 47 and 83: resources are pooled and multiple consumer devices are monitored and considered during metering) also see fig. 1-2 and 22 of FIFE20);
determining demand for electricity at a transformer associated with the plurality of electricity metering devices connected to an electrical grid, the electrical grid including a distributed generation system associated with one of the plurality of premises (see fig. 1; and par. 9, 43-44 and 47: generating energy consumption data based on usage wherein the system employs the use of dwelling/location smart metering devices which captures consumption data and provides feedback to a grid device);
determining available electricity supply for the plurality of premises (see par. 62-64 and 68: in considering availability, adjusting/reducing supply when metering device determines demand is below supply in an effort to balance supply-demand and characteristics).;
comparing the demand with the available electricity supply in response to determining that the demand is higher than a first predetermined amount of the available electricity supply, causing a storage device associated with the distributed generation system to supply electricity to the electrical grid (see par. 36-37, 39 and 62: the operational system acts to optimally match charging/discharging patterns by ensuring supply-demand balance, wherein supply is determined based on energy generation, scheduling and forecast expected demands, and dispatching exceeding energy to grid devices to maintain supply-demand balance and ensure demand is met from other devices);
in response to determining that the demand is lower than a second predetermined amount of the available electricity supply, causing the storage device to store excess electricity supply (see par. 62-64 and 68: in considering availability, adjusting/reducing supply when metering device determines demand is below supply in an effort to balance supply-demand and characteristics); and
in response to determining that the available electricity supply exceeds the demand, reducing (see fig. 2 and par. 62-69: in response to power determinants, the system adjust, reduce or mitigate the supply of resources when a metering device determines demand is below supply in an effort to balance supply-demand and characteristics).
FIFE20 is directed to maintaining supply-demand energy resources within a grid network by managing the distribution of power, wherein the reference further teaches of storing excess energy for subsequent use (see par. 38), while FIFE44 further teaches of integrating an energy aggregate function which allows the user to capture excess energy at an increased rate, while optimizing the use of the stored energy using a determined upshot function for a designated period of time (see par. 97, 103 and 106).
LIAN is directed to the distribution of energy resources in distribution systems, wherein the system employs the use of transformers as system integrated devices which decouple voltage in aggregated power systems (see col. 9).
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 LIAN's system for using transformers with FIFE20 and FIFE44’s system of acquiring and storing excess power and DE HOOG's system for using energy controllers and DERs in distributing balanced power within the network, to optimize the availability of energy resources by regulating generated and available power resources within sub-networks, providing for the capture and storage of excess energy respective of a user’s need, while providing a physical device for regulating power and delivering the distributed power to sub-networks.
As per claim 12, the combination of DE HOOG, FIFE20 and FIFE44and LIAN teaches all of the limitations noted in the base claim(s) as outlined above, wherein DE HOOG further teaches of the DERO of claim 11, wherein the operations further comprise: in response to comparing the demand with the available electricity supply, selecting the storage device from multiple storage devices based on at least one of: state of charge of the storage device, or state of health of the storage device (see par. 39 and 50-60: system monitors the state of charge along with energy consumption and generation respective of the operational environment and grid systems).
As per claim 13 (Currently Amended), the combination of DE HOOG, FIFE20 and FIFE44 and LIAN teaches all of the limitations noted in the base claim(s) as outlined above, wherein DE HOOG further teaches of the DERO of claim 12, wherein causing the storage device to store the excess electricity supply includes:
adjusting a charging schedule of at least one of the multiple storage devices to be available for charging (see par. 37: in monitoring energy generation, consumption and storage, the system supports adjusting/optimally scheduling charging and discharge functions for energy storage devices); or
controlling the distributed generation system via an electricity metering device of the plurality of electricity metering devices (see fig. 1; and par. 43-44 and 47: system employs the use of dwelling/location smart metering devices which captures consumption data and provides feedback to a grid device for controlling distribution of resources).
14. (Canceled)
As per claim 15, the combination of DE HOOG, FIFE20 and FIFE44 and LIAN teaches all of the limitations noted in the base claim(s) as outlined above, wherein DE HOOG further teaches of the DERO of claim 11, wherein the electricity usage data includes:
present electricity consumption data associated with the plurality of premises (see par. 43: smart meters captures and records present consumption data via individual locals),
present electricity generation data associated with the distributed generation system (see par. 39 and 43: smart meter sends captured data to a command generation module, which provides data to one or more energy storage devices),
historical electricity consumption data associated with the plurality of premises (see par. 46: evaluating electricity usage based on historical use data), and
historical electricity generation data associated with the distributed generation system (see par. 46-47: historical generation data used to determine, evaluate and make adjustments to use models).
As per claim 16 (Currently Amended), DE HOOG teaches of a non-transitory computer-readable storage medium storing thereon computer executable instructions that, when executed by one or more processors (see fig. 5; and par. 40 and 70: computer implemented software used to control energy analysis and processing in one or more devices), cause the one or more processors to perform operations, the operations comprising:
receiving electricity usage data from a plurality of electricity metering devices associated with a plurality of premises (see fig. 4-5; and par. 47 and 83: resources are pooled and multiple consumer devices are monitored and considered during metering) also see fig. 1-2 and 22 of FIFE20);
determining demand for electricity with the plurality of electricity metering devices connected to an electrical grid, the electrical grid including a distributed generation system associated with one of the plurality of premises (see fig. 1; and par. 9, 43-44 and 47: generating energy consumption data based on usage wherein the system employs the use of dwelling/location smart metering devices which captures consumption data and provides feedback to a grid device);
determining available electricity supply for the plurality of premises and comparing the demand with the available electricity supply (see par. 36-37 and 39: the operational system acts to optimally match charging/discharging patterns by ensuring supply-demand balance, wherein supply is determined based on energy generation, scheduling and forecast expected demands);
in response to determining that the demand is higher than a first predetermined amount of the available electricity supply, causing a storage device associated with the distributed generation system to supply electricity to the electrical grid (see par. 62: dispatching exceeding energy to grid devices to maintain supply-demand balance and ensure demand is met from other devices);
in response to determining that the demand is lower than a second predetermined amount of the available electricity supply, causing the storage device to store excess electricity supply (see par. 62-64 and 68: in considering availability, adjusting/reducing supply when metering device determines demand is below supply in an effort to balance supply-demand and characteristics); and
in response to determining that the available electricity supply exceeds the demand, causing an electricity metering device of the plurality of electricity metering devices to reduce electricity supplied to the electrical grid by the distributed generation system corresponding to the electricity metering device (see fig. 2 and par. 62-69: sending instructions to adjust, reduce or mitigate the supply of resources when a metering device determines demand is below supply in an effort to balance supply-demand and characteristics).
FIFE20 is directed to maintaining supply-demand energy resources within a grid network by managing the distribution of power, wherein the reference further teaches of storing excess energy for subsequent use (see par. 38). The cited FIFE44 further teaches of further storing excess energy by employing an energy aggregation function which provides a user with the opportunity to request energy based on predetermined user needs, whereby allowing the user to optimize energy use based on defined energy needs (e.g., availability, cost, pricing, etc.) (see par. 97, 103 and 106). LIAN is directed to the distribution of energy resources in distribution systems, wherein the reference further teach of using transformers as system integrated devices to decouple voltage in an aggregated power systems (see col. 9).
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 LIAN's computer implemented system for using transformers with FIFE20 and FIFE44’s computer implemented system of acquiring and storing excess power and DE HOOG's computer implemented system for using energy controllers and DERs in distributing balanced power within the network, to regulate generated and available power resources within sub-networks, while providing a physical device for regulating power and delivering the distributed resources to sub-networks.
As per claim 17, the combination of DE HOOG, FIFE20, FIFE44 and LIAN teaches all of the limitations noted in the base claim(s) as outlined above, wherein DE HOOG further teaches of the non-transitory computer-readable storage medium of claim 16, wherein the operations further comprise: in response to comparing the demand with the available electricity supply, selecting the storage device from multiple storage devices based on at least one of: state of charge of the storage device, or state of health of the storage device (see par. 39 and 50-60: system monitors the state of charge along with energy consumption and generation respective of the dwelling/locational operating environment and grid devices).
As per claim 18 (Currently Amended), the combination of DE HOOG, FIFE20, FIFE44 and LIAN teaches all of the limitations noted in the base claim(s) as outlined above, wherein DE HOOG further teaches of the non-transitory computer-readable storage medium of claim 17, wherein causing the storage device to store the excess electricity supply includes:
adjusting a charging schedule of at least one of the multiple storage devices to be available for charging (see par. 37: in monitoring energy generation, consumption and storage, the system supports adjusting/optimally scheduling charging and discharge functions for energy storage devices); or
controlling the distributed generation system via an electricity metering device of the plurality of electricity metering devices (see fig. 1; and par. 43-44 and 47: system employs the use of dwelling/location smart metering devices which captures consumption data and provides feedback to a grid device for controlling distribution of resources).
19. (Canceled)
As per claim 20, the combination of DE HOOG, FIFE20, FIFE44 and LIAN teaches all of the limitations noted in the base claim(s) as outlined above, wherein DE HOOG further teaches of the non-transitory computer-readable storage medium of claim 16, wherein the electricity usage data includes:
present electricity consumption data associated with the plurality of premises (see par. 43: smart meters captures and records present consumption data via individual locals),
present electricity generation data associated with the distributed generation system (see par. 39 and 43: smart meter sends captured data to a command generation module, which provides data to one or more energy storage devices),
historical electricity consumption data associated with the plurality of premises (see par. 46: evaluating electricity usage based on historical use data), and
historical electricity generation data associated with the distributed generation system (see par. 46-47: historical generation data used to determine, evaluate and make adjustments to use models).
Citation of Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. FIFE et al. [US-11,594,884] focuses on optimizing constraints in distributed power resources via site controllers, while Bhattarai et al. [US-2020/0143489] teach of allocating resources based on scheduled energy transfers. The balance of the references cited in the attached PTO Form-892 focus on systems and techniques for controlling the resources in distributed energy systems.
Conclusion
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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