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 .
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-11 in the reply filed on 10/1/25 is acknowledged. Claims 21-28 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected group, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 10/1/25.
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 6-11 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claimed computer-readable medium can be interpreted to be in the form of a signal, such as a transmission medium or carrier wave, in view of one of ordinary skill in the art. Such transmission medium or carrier wave claims are ineligible for patent protection because they do not fall within any of the four statutory classes of § 101.
Claim(s) 1-11 rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claim recites
1. A computer implemented method comprising the steps of:
receiving a total wind power forecast that can be provided to an electric grid that supplies power to one or more loads;
receiving a first total load forecast for the electric grid corresponding to the one or more loads;
classifying time periods with a first characterization based on a relationship between the total wind power forecast and the first total load forecast;
transmitting the first characterization with a corresponding period, which is selected from a plurality of periods, for the first characterization to one or more subscribers thereby allowing the one or more subscribers to determine timing of power consumption based on a load plan; and
receiving the load plan from the one or more subscribers, wherein each load plan includes a planned electricity consumption from the electric grid and at least one of the plurality of periods.
2. The computer implemented method of claim 1, further comprising adjusting the first total load forecast in response to receiving at least one load plan from the one or more subscribers and using the at least one load plan to update the first total load forecast to form a second total load forecast.
3. The computer implemented method of claim 2, further comprising reclassifying at least one period selected from the plurality of periods in response to adjusting the first total load forecast, to form a second characterization.
4. The computer implemented method of claim 3, further comprising transmitting the second characterization in response to reclassifying the at least one period.
5. The computer implemented method of claim 1, wherein the first total load forecast includes a series of load values corresponding to different time periods.
6. A computer-readable medium comprising instructions which, when executed by a computer, cause the computer to:
receive a total wind power forecast for an electric transmission grid having a plurality of loads connected thereto, wherein the total wind power forecast includes a series of power values corresponding to time periods;
receiving a first total load forecast for the electric transmission grid corresponding to the plurality of loads;
classifying at least one period in the time periods with a first characterization based on a relationship between the total wind power forecast and the first total load forecast;
transmitting the first characterization with the at least one period to a plurality of subscribers; and
receiving a load plan from at least one subscriber of the plurality of subscribers, wherein the load plan includes a planned electricity consumption from the electric transmission grid for at least one period of the time periods.
7. The computer-readable medium of claim 6, further comprising adjusting the first total load forecast in response to receiving the load plan and adding the load plan to the first total load forecast to generate a second total load forecast.
8. The computer-readable medium of claim 7, further comprising reclassifying at least one period in the time periods in response to adjusting the first total load forecast, to produce a second characterization.
9. The computer-readable medium of claim 8, further comprising transmitting the second characterization to the plurality of subscribers.
10. The computer-readable medium of claim 6, wherein the first characterization is based in part on a seasonal capacity factor of one or more variable energy resources.
11. The computer-readable medium of claim 6, wherein the first total load forecast includes load values corresponding to the at least one period.
The limitations above, as drafted, is a process or function that, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components. That is, other than reciting by a computer nothing in the claim element precludes the step from practically being performed in the mind. For example, but for the computer language, receiving, classifying, and transmitting in the context of this claim encompasses a user thinking about or manually calculating forecasts, time periods and plans. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
This judicial exception is not integrated into a practical application. In particular, the claim only recites the additional element(s) – computer. The computer is recited at a high-level of generality (i.e., as a generic processor performing a generic computer function) such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea.
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional element(s) of a computer amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. The claim is not patent eligible.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO 2022/091172, for purposes of examination the examiner will rely upon EP 4235996 to Hitachi.
Hitachi teaches
1, 6. A computer implemented method and program (paragraphs 0098 and 0099) comprising the steps of:
receiving a total wind power forecast that can be provided to an electric grid that supplies power to one or more loads; wherein the total wind power forecast includes a series of power values corresponding to time periods (0031 "The power generation prediction unit 11 refers to the weather forecast of the previous dav such as the strength of sunlight and the strength of wind, and predicts the electric power amount that can be generated on the day as a generation possible electric power amount Pt (TJ (details are illustrated in FIG. 4 ). In the power generation prediction unit 11, the power generation prediction unit 11 also predicts a generation possible electric power P2(t) at each time as details of each period T of the generation possible electric power amount Pt (TJ."))
receiving a first total load forecast for the electric grid corresponding to the one or more loads (0034 "In a case of consuming the suppliable electric power amount S 1 (T) indicated by the inquiry unit 31, the proposal unit 41 distributes at least a part of the suppliable electric power amount S1 (TJ as electric power consumption data (time-series waveform data) at each time, and proposes the distribution result as proposal electric power consumption D 1 (t) to the matching unit 30"););
classifying time periods with a first characterization based on a relationship between the total wind power forecast and the first total load forecast (0040 "The output unit 33 outputs the proposal electric power consumption D 1 (t) in the period T (that is, the matching establishment period) in which the feasibility result S2(TJ is possible, as waveform data for control of the daily processing, to the electric power consumption storage unit 23 of the power storage unit 20 and the electric power consumption storage unit 42 of the power consumption unit 40");
transmitting (paragraphs 0082 and 0083, and figure 10) the first characterization with a corresponding period (S222, S223), which is selected from a plurality of periods (S221), for the first characterization to one or more subscribers thereby allowing the one or more subscribers to determine timing of power consumption based on a load plan (paragraphs 0083 and 0084 are silent about the number of subscribers, what matches with "one or more" thereby allowing the one or more subscribers to determine timing of power consumption based on a load plan (D1 (T))); and
receiving the load plan from the one or more subscribers, wherein each load plan includes a planned electricity consumption from the electric grid and at least one of the plurality of periods (0089, 0090 and figure 12).
2, 7. The computer implemented method of claim 1, further comprising adjusting the first total load forecast in response to receiving at least one load plan from the one or more subscribers and using the at least one load plan to update the first total load forecast to form a second total load forecast (paragraph 0090).
3, 8. The computer implemented method of claim 2, further comprising reclassifying at least one period selected from the plurality of periods in response to adjusting the first total load forecast, to form a second characterization (process illustrated in figure 10 is repeated along time (each 30 minutes); Paragraph 0029 explains how " ... in various variables used for the description, a variable with " (t)" added at the end indicates a numerical value at each time (for example, every second) of electric power (unit kW) or the like. On the other hand, a variable with "(T)" at the end indicates a numerical value (for example, every 30 minutes) of a unit period of an electric power amount (unit kWh). The electric power amount for every 30 minutes is a sum (integral value) of electric power of each time included in the unit period'.).
4, 9. The computer implemented method of claim 3, further comprising transmitting the second characterization to subscribers in response to reclassifying the at least one period (process illustrated in figure 10 is repeated along time (each 30 minutes); Paragraph 0029 explains how " ... in various variables used for the description, a variable with " (t)" added at the end indicates a numerical value at each time (for example, every second) of electric power (unit kW) or the like. On the other hand, a variable with "(T)" at the end indicates a numerical value (for example, every 30 minutes) of a unit period of an electric power amount (unit kWh). The electric power amount for every 30 minutes is a sum (integral value) of electric power of each time included in the unit period'.).
5. The computer implemented method of claim 1, wherein the first total load forecast includes a series of load values corresponding to different time periods (Paragraph 0029 explains how " ... in various variables used for the description, a variable with " (t)" added at the end indicates a numerical value at each time (for example, every second) of electric power (unit kW) or the like. On the other hand, a variable with "(T)" at the end indicates a numerical value (for example, every 30 minutes) of a unit period of an electric power amount (unit kWh). The electric power amount for every 30 minutes is a sum (integral value) of electric power of each time included in the unit period'.).
10. The computer-readable medium of claim 6, wherein the first characterization is based in part on a seasonal capacity factor of one or more variable energy resources (see paragraph 19, 31, 59).
11. The computer-readable medium of claim 6, wherein the first total load forecast includes load values corresponding to the at least one period (Paragraph 0029 explains how " ... in various variables used for the description, a variable with " (t)" added at the end indicates a numerical value at each time (for example, every second) of electric power (unit kW) or the like. On the other hand, a variable with "(T)" at the end indicates a numerical value (for example, every 30 minutes) of a unit period of an electric power amount (unit kWh). The electric power amount for every 30 minutes is a sum (integral value) of electric power of each time included in the unit period'.).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEAN P SHECHTMAN whose telephone number is (571)272-3754. The examiner can normally be reached 9:30am-6:00pm, M-F.
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/Sean Shechtman/ Primary Examiner, Art Unit 2896