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 .
Information Disclosure Statement
IDS filed 4/16/2026 and 11/24/2025 are being considered by the examiner
Response to Amendment
Applicant's amendment filed 2/18/2026 has been received and entered into the record. As a result, claims 1-16 have been canceled. Therefore, claims 29-41 are presented for examination.
Claim Objections
Claims 29-31 are objected to because of the following informalities:
Claim 29 recites, "the period [lines 14 and 15]." The examiner suggests amending the claim's preamble to include, "An apparatus for managing energy consumption during a period" or similar.
Claim 29 recites, "calibrate at least one of a plurality of models [line 23]." The examiner suggests, "calibrate at least one of the plurality of models [line 23]."
Claim 30 recites, "during the period [line 6]." The examiner suggests amending the claim's preamble to include, "An apparatus for managing energy consumption during a period" or similar.
With regard to claim 31, there are two claim 31 present. The numbering of claims is not in accordance with 37 CFR 1.126 which requires the original numbering of the claims to be preserved throughout the prosecution. When claims are canceled, the remaining claims must not be renumbered. When new claims are presented, they must be numbered consecutively beginning with the number next following the highest numbered claims previously presented (whether entered or not).
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 29 and 41 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 29 recites, "at least one component within the energy-consuming system [line 6]," "change conditions based on a component [line 17]," "drive strength of the component [line 19]," and "an entropy rate in the absence of the component [line 21]." It is unclear whether the component of line 19 and line 21 refer to the component of line 6 or the component of line 17. As such, the claim is indefinite.
Claim 41 recites, "wherein optimizing the simulated input values generated … [line 1]." There is insufficient antecedent basis for this limitations in the claim. The examiner suggests amending claim 41 to depend on claim 40.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 29-41 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-15 of U.S. Patent No. 10,866,568 and claims 1-18 of U.S. Patent No. 11,709,465. Although the claims at issue are not identical, they are not patentably distinct from each other as demonstrated below:
Instant Application Claims
Pat. No. 10,866,568 Claims
Pat. No. 11,709,465 Claims
29. An apparatus for managing energy consumption, the apparatus comprising:
an orchestrated energy facility comprising at least one processor and at least one memory storing computer instructions executable by the at least one processor;
1. A method, performed by a computing system, for managing energy consumption within an energy-consuming system during a period, the method comprising:
1. A method, performed by a computing system, for managing energy consumption within an energy-consuming system during a period, the method comprising:
a network communications link configured to use a device abstraction layer to retrieve data from a data provider;
at least one component within the energy-consuming system that drives conditions within the energy-consuming system;
wherein the memory storing computer instructions and the processor are configured to cause the orchestrated energy facility to at least:
determine one or more environmental conditions for the energy-consuming system, wherein determining at least one environmental condition comprises invoking the abstraction layer to communicate with the data provider;
determining, by the computing system, environmental conditions for the energy-consuming system, wherein determining at least one environmental condition for the energy-consuming system comprises invoking a device abstraction layer or service to communicate with a first device;
determining, by the computing system, environmental conditions for the energy-consuming system, the environmental conditions including, for the energy-consuming system during the period, at least one weather-related value and at least one heating, ventilation, and air conditioning (HVAC)-related value associated with a HVAC component;
obtain or generate at least one of a plurality of models from the memory;
… calibrate at least one of a plurality of models; …
calibrating, by the computing system, at least one of a plurality of models;
calibrating, by the computing system, at least one of a plurality of models;
identify one or more constraints for the period,
identifying, by the computing system, one or more constraints for the period;
identifying, by the computing system, one or more constraints for the period;
identify one or more objectives for the period;
identifying, by the computing system, one or more objectives for the period;
identifying, by the computing system, one or more objectives for the period;
determine:
a. susceptibility of the energy system to change conditions based on a component within the energy system that drives conditions within the energy-consuming system,
determining, for the energy-consuming system, susceptibility of the energy-consuming system to change conditions based on at least a first component and a second component within the energy-consuming system that drives conditions within the energy-consuming system, wherein the first component is a heating, ventilation, and air conditioning (HVAC) component and the second component is not an HVAC component,
determining, for the energy-consuming system, susceptibility of the energy-consuming system to change conditions based on at least the weather-related value(s) and the HVAC-related value(s), and
b. drive strength of the component within the energy system that drives conditions within the energy-consuming system, and
c. an entropy rate in the absence of the component within the energy system that drives conditions within the energy-consuming system;
drive strength of at least the first component and the second component within the energy-consuming system that drives conditions within the energy-consuming system, and
an entropy rate in the absence of at least the first component and the second component within the energy-consuming system that drives conditions within the energy-consuming system;
drive strength of the HVAC component that drives conditions within the energy-consuming system based on at least the weather-related value(s) and the HVAC-related value(s);
modeling the susceptibility, drive strength, and entropy rate;
performing a plurality of simulations, wherein each simulation generates a plurality of simulated input values to the calibrated at least one model and a plurality of simulated responses to the simulated input values;
optimizing, by the computing system, the simulated input values generated for a prediction quantity by the performed simulation;
linearizing the susceptibility and the drive strength;
generate a control schedule for the energy consuming system during the period using the calibrated model to determine optimal satisfaction of the objectives for the period, based at least in part on:
the determined one or more environmental conditions, identified one or more constraints, the identified one or more objectives, the determined susceptibility, the determined drive strength, and the determined entropy rate.
generating, by the computing system, a control schedule for the energy-consuming system during the period based at least in part on the identified one or more constraints for the period, the identified one or more objectives for the period,
the susceptibility, the drive strength, and the entropy rate; and
controlling a heating, ventilation, and air conditioning system in accordance with the generated control schedule.
generating, by the computing system, a control schedule for the energy-consuming system during the period based at least in part on the identified one or more constraints for the period, the identified one or more objectives for the period,
the linearized susceptibility, and the linearized drive strength; and
controlling a heating, ventilation, and air conditioning system in accordance with the generated control schedule.
Instant Application Claims
Pat. No. 10,866,568 Claims
Pat. No. 11,709,465 Claims
30. An apparatus for managing energy consumption, the apparatus comprising at least one processor and a memory storing computer instructions executable by the at least one processor, wherein the memory with the computer instructions and the processor are configured to cause the apparatus to at least:
1. A method, performed by a computing system, for managing energy consumption within an energy-consuming system during a period, the method comprising:
1. A method, performed by a computing system, for managing energy consumption within an energy-consuming system during a period, the method comprising:
determine environmental conditions for the energy-consuming system, the environmental conditions including, for an energy-consuming system during the period, at least one weather- related value and at least one heating, ventilation, and air conditioning (HVAC)-related value associated with a HVAC component;
determining, by the computing system, environmental conditions for the energy-consuming system, wherein determining at least one environmental condition for the energy-consuming system comprises invoking a device abstraction layer or service to communicate with a first device;
determining, by the computing system, environmental conditions for the energy-consuming system, the environmental conditions including, for the energy-consuming system during the period, at least one weather-related value and at least one heating, ventilation, and air conditioning (HVAC)-related value associated with a HVAC component;
calibrate at least one of a plurality of models;
calibrating, by the computing system, at least one of a plurality of models;
calibrating, by the computing system, at least one of a plurality of models;
identify one or more constraints for the period;
identifying, by the computing system, one or more constraints for the period;
identifying, by the computing system, one or more constraints for the period;
identify one or more objectives for the period;
identifying, by the computing system, one or more objectives for the period;
identifying, by the computing system, one or more objectives for the period;
determine, for the energy-consuming system,
susceptibility of the energy-consuming system to change conditions based on at least the weather-related value(s) and the HVAC-related value(s), and
determining, for the energy-consuming system, susceptibility of the energy-consuming system to change conditions based on at least a first component and a second component within the energy-consuming system that drives conditions within the energy-consuming system, wherein the first component is a heating, ventilation, and air conditioning (HVAC) component and the second component is not an HVAC component,
determining, for the energy-consuming system, susceptibility of the energy-consuming system to change conditions based on at least the weather-related value(s) and the HVAC-related value(s), and
drive strength of the HVAC component that drives conditions within the energy- consuming system based on at least the weather-related value(s) and the HVAC- related value(s);
drive strength of at least the first component and the second component within the energy-consuming system that drives conditions within the energy-consuming system, and
an entropy rate in the absence of at least the first component and the second component within the energy-consuming system that drives conditions within the energy-consuming system;
drive strength of the HVAC component that drives conditions within the energy-consuming system based on at least the weather-related value(s) and the HVAC-related value(s);
linearize the susceptibility and the drive strength;
modeling the susceptibility, drive strength, and entropy rate;
performing a plurality of simulations, wherein each simulation generates a plurality of simulated input values to the calibrated at least one model and a plurality of simulated responses to the simulated input values;
optimizing, by the computing system, the simulated input values generated for a prediction quantity by the performed simulation;
linearizing the susceptibility and the drive strength;
generate a control schedule for the energy-consuming system during the period based at least in part on the identified one or more constraints for the period, the identified one or more objectives for the period,
the linearized susceptibility, and the linearized drive strength; and
control a heating, ventilation, and air conditioning system in accordance with the generated control schedule.
generating, by the computing system, a control schedule for the energy-consuming system during the period based at least in part on the identified one or more constraints for the period, the identified one or more objectives for the period,
the susceptibility, the drive strength, and the entropy rate; and
controlling a heating, ventilation, and air conditioning system in accordance with the generated control schedule.
generating, by the computing system, a control schedule for the energy-consuming system during the period based at least in part on the identified one or more constraints for the period, the identified one or more objectives for the period,
the linearized susceptibility, and the linearized drive strength; and
controlling a heating, ventilation, and air conditioning system in accordance with the generated control schedule.
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Response to Arguments
Applicant's arguments filed 2/18/2026 with respect to the double patenting rejection [remarks page 6] have been considered but are not persuasive. As presented above, newly added claims 29-41 are rejected on the ground of nonstatutory double patenting.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VINCENT W CHANG whose telephone number is (571)270-1214. The examiner can normally be reached (M-F) 10:00 am - 6:00 pm.
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, Mohammad Ali can be reached at 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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VINCENT WEN-LIANG CHANG
Examiner
Art Unit 2119
/MOHAMMAD ALI/Supervisory Patent Examiner, Art Unit 2119
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