DETAILED ACTION
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 RCE filed on 9/5/2025 with amendment/arguments filed on 8/5/2025 which was in response to the office action mailed on 6/5/2025 (hereinafter the prior office action).
Claim(s) 1-28 is/are pending.
Claim(s) 1-5, 10-12, 14-15 and 17-22 is/are amended.
Claim(s) 23-28 is/are new.
Claim(s) 1, 17 and 26 is/are independent.
Response to Arguments
Applicant’s arguments, filed on 8/5/2025, have been fully considered but they are not persuasive.
Applicant states in Pg. 13-14 in “Remarks” that Bain and Poling does not teach tracking and automatically adjusting carbon levels.
Examiner respectfully disagrees Bain teaches tracking and automatically adjusting carbon levels. This is because Bain discloses in Para. 334 that criteria used to guide energy consumption includes limits on carbon use, i.e. criteria adjusts operation to reduce carbon level, where criteria includes response to a carbon level associated with operation events; further, Bain teaches in Para. 390, 392 that operation can be automatically adjusted. Further, Poling teaches mining operation…in a mine because Poling discloses in Para. 39, 60 mining operation, i.e. operation is performed in a mine; further Poling teaches carbon production…adjust carbon-producing features because Poling discloses in Para. 54 that carbon production is adjusted.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
each of the systems and devices that are configured to perform actions (or an equivalent) in claims 1-16, 21, 23-24 and 26-28.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claim(s) 1-28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bain et al. (U.S. Pub. No. 2019/0372345) (hereinafter “Bain”) in view of Poling et al. (U.S. Pub. No. 2021/0205866) (hereinafter “Poling”).
Regarding claim 1, Bain teaches an artificial intelligence-based (AI-based) platform for enabling intelligent orchestration and management of power and energy, (Para. 406 - - artificial intelligence is used in platform; Para. 328 - - platform is used; Fig. 1A - - management engine is used, and orchestration and management of power/energy is enabled)
the AI-based platform comprising: a governance system configured to, record, in a distributed ledger, a set of…operation events associated with a…operation, (Para. 338 - - blockchain system can be used to record purchase/charges associated with various operations)
track a carbon…level associated with carbon emissions produced by one or more…operation events of the set of…operation events, and, in response to the carbon…level, automatically generate a set of control instructions that automatically adjust…features of the…operation to reduce the carbon…level. (Para. 334 - - criteria used to guide energy consumption includes limits on carbon use, i.e. criteria adjusts operation to reduce carbon level, where criteria includes response to a carbon level associated with operation events; Para. 390, 392 - - operation can be automatically adjusted)
But Bain does not explicitly teach mining operation…in a mine
carbon production…adjust carbon-producing features
However, Poling teaches mining operation…in a mine (Para. 39, 60 - - mining operation, i.e. operation is performed in a mine)
carbon production…adjust carbon-producing features (Para. 54 - - carbon production is adjusted)
Bain and Poling are analogous art because they are from the same field of endeavor and contain overlapping structural and/or functional similarities. They both contain controlling/adjusting systems employed in production operations.
Therefore, before the effective filing date of the claimed invention (AIA ), it would have been obvious to a person of ordinary skill in the art to modify the above limitation(s) as taught by Bain, by incorporating the above limitation(s) as taught by Poling.
One of ordinary skill in the art would have been motivated to do this modification in order to reduce pollution, as suggested by Poling (Para. 54).
Regarding claim 2, the combination of Bain and Poling teaches all the limitations of the base claim(s).
Bain further teaches wherein the smart contract system is configured to create a smart contract that collects a set of token information from the distributed ledger and automatically executes a transaction based on the set of token information for a time period. (Para. 362 - - contract system is used to allocate proceeds among owners or service providers; Para. 338 - - blockchain system can be used to record purchase/charges)
Regarding claim 3, the combination of Bain and Poling teaches all the limitations of the base claim(s).
Bain further teaches wherein the smart contract allocates ownership of a set of assets on a set of distributed ledgers based on a degree of compliance represented by the set of token information for a time period. (Para. 362 - - contract system is used to allocate proceeds among owners or service providers; Para. 338 - - blockchain system can be used to record purchase/charges; Para. 334 - - degree of compliance is used as a criteria)
Regarding claim 4, the combination of Bain and Poling teaches all the limitations of the base claim(s).
Bain further teaches wherein a set of assets is represented on the set of distributed ledgers as a set of escrow assets, ownership of which is reallocated on the set of distributed ledgers based on the smart contract. (Para. 362 - - contract system is used to allocate proceeds among owners or service providers; Para. 338 - - blockchain system can be used to record purchase/charges)
Regarding claim 5, the combination of Bain and Poling teaches all the limitations of the base claim(s).
Bain further teaches wherein, the governance system is configured to adapt a transport of data over at least one of a network or a communication system, and the adapting the transport is based on at least one of, a congestion condition, a delay condition, a latency condition, a packet loss condition, an error rate condition, a cost of transport condition, a quality-of-service (QoS) condition, a usage condition, a market factor condition, or a user configuration condition. (Para. 371 - - communications, i.e. transport of data over a network or communication system, can be based on usage condition, price signal, i.e. market factor condition)
Regarding claim 6, the combination of Bain and Poling teaches all the limitations of the base claim(s).
Bain further teaches an adaptive energy digital twin that represents at least one of, an energy stakeholder entity, an energy distribution resource, a stakeholder information technology, a networking infrastructure entity, an energy-dependent stakeholder production facility, a stakeholder transportation system, a market condition, or an energy usage priority condition. (Para. 328 - - platform, which uses AI adapts to real-time prices, i.e. digital twin representing market condition)
Regarding claim 7, the combination of Bain and Poling teaches all the limitations of the base claim(s).
Bain further teaches an adaptive energy digital twin that is configured to perform at least one of, providing at least one of a visual or an analytic indicator of energy consumption by one or more energy consumers, filtering energy data, highlighting energy data, or adjusting energy data. (Fig. 3 - - visual indicator is used for energy consumption until now, i.e. real-time)
Regarding claim 8, the combination of Bain and Poling teaches all the limitations of the base claim(s).
Bain further teaches an adaptive energy digital twin that is configured to generate at least one of a visual or an analytic indicator of energy consumption by at least one of, one or more machines, one or more factories, or one or more vehicles in a vehicle fleet. (Para. 331 - - visual/analytic indicator is used for energy consumption of at least one vehicle; Para. 488 - - multiple vehicles, i.e. fleet)
Regarding claim 9, the combination of Bain and Poling teaches all the limitations of the base claim(s).
Bain further teaches wherein the governance system is further configured to perform at least one of, extracting energy-related data, detecting errors in energy-related data, correcting errors in energy-related data, transforming energy-related data, converting energy-related data, normalizing energy-related data, cleansing energy-related data, parsing energy-related data, detecting patterns in energy-related data, detecting content in energy-related data, detecting objects in energy-related data, compressing energy-related data, streaming energy-related data, filtering energy-related data, loading energy-related data, storing energy-related data, routing energy-related data, transporting energy-related data, or maintaining security of energy-related data. (Para. 450-452 - - energy related data is extracted, patterns/content/objects in energy data are detected, energy data is streamed, energy data is loaded/stored and routed/transported, all by edge device)
Regarding claim 10, the combination of Bain and Poling teaches all the limitations of the base claim(s).
Bain further teaches at least one of an AI-based model or algorithm that is trained based on a training data set, wherein the training data set is based on at least one of, one or more human tags, one or more labels, one or more human interactions with a hardware system, one or more human interactions with a software system, one or more outcomes, one or more AI-generated training data samples, a supervised learning training process, a semi-supervised learning training process, or a deep learning training process. (Para. 406 - - deep learning process is used in AI based engine)
Regarding claim 11, the combination of Bain and Poling teaches all the limitations of the base claim(s).
Bain further teaches wherein, the governance system is configured to orchestrate delivery of energy to one or more points of consumption, and the delivery of the energy includes at least one of, one or more fixed transmission lines, one or more instances of wireless energy transmission, one or more deliveries of fuel, or one or more deliveries of stored energy. (Fig. 25 - - energy supply network delivers fuel from sources A, B, C)
Regarding claim 12, the combination of Bain and Poling teaches all the limitations of the base claim(s).
Bain further teaches wherein, the smart contract system is configured to record, in at least one of the distributed ledger, one or more energy-related events, and the one or more energy-related events include at least one of, an energy purchase, a sale event, a service charge associated with an energy purchase event, a service charge associated with an energy sale event, an energy consumption event, an energy generation event, an energy distribution event, an energy storage event, a carbon emission production event, a carbon emission abatement event, a renewable energy credit event, a pollution production event, or a pollution abatement event. (Para. 338 - - blockchain system can be used to record purchase/charges)
Regarding claim 13, the combination of Bain and Poling teaches all the limitations of the base claim(s).
Bain further teaches wherein, the mine is deployed in an off-grid environment, and the off-grid environment includes at least one of, an off-grid energy generation system, an off-grid energy storage system, or an off-grid energy mobilization system. (Para. 430 - - energy consumption, i.e. from fraction from grid, as well as energy fraction from off-grid is included in output data set)
Regarding claim 14, the combination of Bain and Poling teaches all the limitations of the base claim(s).
Bain further teaches wherein the governance system is configured to generate an energy efficiency plan based on the set of…operation events recorded in the distributed ledger. (Para. 336 - - pricing data is used to enable energy efficiency; Para. 371, 377 - - energy efficiency programs are communicated)
Poling further teaches mining operation (Para. 39, 60 - - mining operation, i.e. operation is performed in a mine)
One of ordinary skill in the art would have been motivated to do this modification in order to reduce pollution, as suggested by Poling (Para. 54).
Regarding claim 15, the combination of Bain and Poling teaches all the limitations of the base claim(s).
Bain further teaches wherein the carbon production level is determined based on data from at least one of, a first set of sensors in a mine of the mining operation, a set of wearable devices of a set of miners associated with the mining operation, or a second set of sensors deployed on a set of smart containers for mined materials associated with the mining operation. (Para. 407 - - sensors are used to collect data regarding operations; Para. 334 - - criteria used to guide energy consumption includes limits on carbon use, i.e. response to carbon level exceeding a threshold that is acquired via sensors, where Poling has already taught mining operations)
Regarding claim 16, the combination of Bain and Poling teaches all the limitations of the base claim(s).
Bain further teaches wherein the governance system is configured to generate the set of control instructions in response to the carbon production level exceeding a threshold. (Para. 334 - - criteria used to guide energy consumption includes limits on carbon use, i.e. response to carbon level exceeding a threshold)
Regarding claim 17, Bain teaches a method for enabling intelligent orchestration and management of power and energy, (Para. 406 - - artificial intelligence is used in platform; Para. 328 - - platform is used; Fig. 1A - - management engine is used, and orchestration and management of power/energy is enabled)
the method comprising: recording, in a distributed ledger, a set of…operation events associated with a…operation, (Para. 338 - - blockchain system can be used to record purchase/charges associated with various operations)
tracking a carbon…level associated with carbon emissions produced by one or more…operation events of the set of…operation events, and automatically generating, in response to the carbon…level, a set of control instructions that automatically adjust…features of the…operation to reduce the carbon…level. (Para. 334 - - criteria used to guide energy consumption includes limits on carbon use, i.e. criteria adjusts operation to reduce carbon level, where criteria includes response to a carbon level associated with operation events; Para. 390, 392 - - operation can be automatically adjusted)
But Bain does not explicitly teach mining operation…in a mine
carbon production…adjust carbon-producing features
However, Poling teaches mining operation…in a mine (Para. 39, 60 - - mining operation, i.e. operation is performed in a mine)
carbon production…adjust carbon-producing features (Para. 54 - - carbon production is adjusted)
Bain and Poling are analogous art because they are from the same field of endeavor and contain overlapping structural and/or functional similarities. They both contain controlling/adjusting systems employed in production operations.
Therefore, before the effective filing date of the claimed invention (AIA ), it would have been obvious to a person of ordinary skill in the art to modify the above limitation(s) as taught by Bain, by incorporating the above limitation(s) as taught by Poling.
One of ordinary skill in the art would have been motivated to do this modification in order to reduce pollution, as suggested by Poling (Para. 54).
Regarding claim 18, the combination of Bain and Poling teaches all the limitations of the base claim(s).
Bain further teaches performing, by a governance system, at least one of, extracting energy-related data, detecting errors in energy-related data, correcting errors in energy-related data, transforming energy-related data, converting energy-related data, normalizing energy-related data, cleansing energy-related data, parsing energy-related data, detecting patterns in energy-related data, detecting content in energy-related data, detecting objects in energy-related data, compressing energy-related data, streaming energy-related data, filtering energy-related data, loading energy-related data, storing energy-related data, routing energy-related data, transporting energy-related data, or maintaining security of energy-related data. (Para. 450-452 - - energy related data is extracted, patterns/content/objects in energy data are detected, energy data is streamed, energy data is loaded/stored and routed/transported, all by edge device)
Regarding claim 19, the combination of Bain and Poling teaches all the limitations of the base claim(s).
Bain further teaches orchestrating delivery of energy to one or more points of consumption, wherein the delivery of the energy includes at least one of, one or more fixed transmission lines, one or more instances of wireless energy transmission, one or more deliveries of fuel, or one or more deliveries of stored energy. (Fig. 25 - - energy supply network delivers fuel from sources A, B, C)
Regarding claim 20, the combination of Bain and Poling teaches all the limitations of the base claim(s).
Bain further teaches wherein generating the set of control instructions is performed in response to the carbon production level exceeding a threshold. (Para. 334 - - criteria used to guide energy consumption includes limits on carbon use, i.e. response to carbon level exceeding a threshold)
Regarding claim 21, the combination of Bain and Poling teaches all the limitations of the base claim(s).
Bain further teaches wherein the set of control instructions includes at least one of, requesting secondary authorization to perform additional actions, or redirecting elements of an energy pipeline associated with the one or more mining operation events. (Para. 489 - - elements of energy pipeline associated with operation events are diverted, i.e. redirected, where Bandyopadhay teaches mining)
Regarding claim 22, the combination of Bain and Poling teaches all the limitations of the base claim(s).
Bain further teaches wherein the set of control instructions includes at least one of, requesting secondary authorization to perform additional actions, or redirecting elements of an energy pipeline associated with the one or more mining operation events. (Para. 489 - - elements of energy pipeline associated with operation events are diverted, i.e. redirected, where Bandyopadhay teaches mining)
Regarding claim 23, Bain further teaches wherein the carbon production level is determined based on data from at least one of, a first set of sensors in a mine of the mining operation, a set of wearable devices of a set of miners associated with the mining operation, or a second set of sensors deployed on a set of smart containers for mined materials associated with the mining operation. (Para. 407 - - sensors are used to collect data regarding operations; Para. 334 - - criteria used to guide energy consumption includes limits on carbon use, i.e. response to carbon level exceeding a threshold that is acquired via sensors, where Poling has already taught mining operations)
Regarding claim 24, Bain further teaches a smart contract system configured to allocate proceeds of the set of mining operation events among at least one of a set of owners, a set of services providers, or a set of governmental entities. (Para. 362 - - smart contract system is used)
Regarding claim 25, Bain further teaches wherein the carbon production level is determined based on data from at least one of a first set of sensors in a mine of the mining operation, a set of wearable devices of a set of miners associated with the mining operation, or a second set of sensors deployed on a set of smart containers for mined materials associated with the mining operation. (Para. 407 - - sensors are used to collect data regarding operations; Para. 334 - - criteria used to guide energy consumption includes limits on carbon use, i.e. response to carbon level exceeding a threshold that is acquired via sensors, where Poling has already taught mining operations)
Regarding claim 26, Bain teaches an artificial intelligence-based (AI-based) platform for enabling intelligent orchestration and management of power and energy, (Para. 406 - - artificial intelligence is used in platform; Para. 328 - - platform is used; Fig. 1A - - management engine is used, and orchestration and management of power/energy is enabled)
the AI-based platform comprising: a governance system configured to, record, in a distributed ledger, a set of…operation events associated with a…operation, (Para. 338 - - blockchain system can be used to record purchase/charges associated with various operations)
perform a comparison of a carbon…level with a carbon…level threshold, wherein the carbon…level is associated with carbon emissions produced by one or more…operation events of the set of…operation events, and in response to the comparison of the carbon…level and the carbon…level threshold, automatically generate a set of control instructions that automatically adjust…features of the…operation to reduce the carbon…level. (Para. 334 - - criteria used to guide energy consumption includes limits on carbon use, i.e. criteria adjusts operation to reduce carbon level, where criteria includes response to a carbon level associated with operation events; Para. 390, 392 - - operation can be automatically adjusted)
But Bain does not explicitly teach mining operation…in a mine
carbon production…adjust carbon-producing features
However, Poling teaches mining operation…in a mine (Para. 39, 60 - - mining operation, i.e. operation is performed in a mine)
carbon production…adjust carbon-producing features (Para. 54 - - carbon production is adjusted)
Bain and Poling are analogous art because they are from the same field of endeavor and contain overlapping structural and/or functional similarities. They both contain controlling/adjusting systems employed in production operations.
Therefore, before the effective filing date of the claimed invention (AIA ), it would have been obvious to a person of ordinary skill in the art to modify the above limitation(s) as taught by Bain, by incorporating the above limitation(s) as taught by Poling.
One of ordinary skill in the art would have been motivated to do this modification in order to reduce pollution, as suggested by Poling (Para. 54).
Regarding claim 27, Bain further teaches wherein the carbon production level is determined based on data from at least one of, a first set of sensors in a mine of the mining operation, a set of wearable devices of a set of miners associated with the mining operation, or a second set of sensors deployed on a set of smart containers for mined materials associated with the mining operation. (Para. 407 - - sensors are used to collect data regarding operations; Para. 334 - - criteria used to guide energy consumption includes limits on carbon use, i.e. response to carbon level exceeding a threshold that is acquired via sensors, where Poling has already taught mining operations)
Regarding claim 28, Bain further teaches a smart contract system configured to allocate proceeds of the set of mining operation events among at least one of a set of owners, a set of services providers, or a set of governmental entities. (Para. 362 - - smart contract system is used)
It is noted that any citations to specific, pages, columns, lines, or figures in the prior art references and any interpretation of the reference should not be considered to be limiting in any way. A reference is relevant for all it contains and may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art. See MPEP 2123.
Citation of Pertinent Prior Art
The following prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Pat. No. 11,399,065 by Thirumurthy et al., which discloses scaling and managing electric power systems by reducing cost (Title/Abstract).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Saad M. Kabir whose telephone number is 571-270-0608 (direct fax number is 571-270-9933). The examiner can normally be reached on Mondays to Fridays 9am to 5pm EST.
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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/SAAD M KABIR/
Examiner, Art Unit 2119
/MOHAMMAD ALI/Supervisory Patent Examiner, Art Unit 2119