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 .
DETAILED ACTION
Status of Claims
This action is in reply to the application filed on September 25, 2023.
Claims 1-19 are currently pending and have been examined.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on September 25, 2023 and January 18, 2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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:
“an IO module,” “an operating-parameter storing module,”, “an energy-consumption factor analyzing module,” “a new-device-parameter importing module,” “a simulating module” in claims 1, 4, 5, 7, 8, 9, and 10
“a cost importing module,” “an investment data storing module,” “a benefit analyzing module” in claim 2
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. Support for these module can be found on pages 6 and 7 of the instant application.
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 § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-19 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1:
Claims 11-19 are drawn to methods while claim(s) 1-10 is/are drawn to an apparatus. As such, claims 1-19 are drawn to one of the statutory categories of invention (Step 1: YES).
Step 2A - Prong One:
Claim 11 (representative of independent claim(s) 1) recites the following steps:
An estimating method for continuously operating in an environment based on multiple operating parameters to generate an energy-consumption and carbon-emission result, receiving the multiple operating parameters and corresponding values of each of the operating parameters, storing the corresponding values of the operating parameters according to a time series, and the estimating method comprising:
b) importing the multiple operating parameters;
c) selecting a part of the operating parameters that are relevant to the energy- consumption and carbon-emission result within a specific historical time-period from the multiple operating parameters to be multiple energy-consumption factors;
d) obtaining multiple performance coefficients,;
e) respectively performing a simulation and calculating an energy-consumption simulated result as if each were operated in the environment within the specific historical time-period in accordance with the multiple performance coefficients and the multiple energy- consumption factors; and
f) performing a replacement-benefit estimating procedure for each of the new devices based on the energy-consumption and carbon-emission result of the energy- consumption device within the specific historical time-period and each energy- consumption simulated result of each of the new devices.
These steps, under its broadest reasonable interpretation, encompass a human manually (e.g., in their mind, or using paper and pen) an estimating method for energy-saving and emission-reduction of an energy-consumption methods, which may estimate the benefit of energy-saving and emission-reduction after replacing current existing energy-consumption devices with new methods (i.e., one or more concepts performed in the human mind, such as one or more observations, evaluations, judgments, opinions), but for the recitation of generic computer components. If one or more claim limitations, under their broadest reasonable interpretation, covers performance of the limitation(s) in the mind but for the recitation of generic computer components, then it falls within the "mental processes" subject matter grouping of abstract ideas.
As such, the Examiner concludes that claim 11 recites an abstract idea (Step 2A - Prong One: YES).
Independent claim 1 is determined to recite an abstract idea under the same analysis.
Step 2A - Prong Two:
This judicial exception is not integrated into a practical application. The claim(s) recite the additional elements/limitations of:
energy-saving and emission-reduction of energy- 34 consumption device, incorporated with an estimating system at least comprising an energy-consumption device, a server, and a database, the energy-consumption device
the server
energy-consumption device
the database
selecting the energy-consumption device;
multiple new devices
wherein the multiple new devices and the energy-consumption device are devices of same type
The requirement to execute the claimed steps/functions listed above is equivalent to adding the words ''apply it'' on a generic computer and/or mere instructions to implement the abstract idea on a generic computer. This/these limitation(s) do/does not impose any meaningful limits on producing the abstract idea and therefore do/does not integrate the abstract idea into a practical application (see MPEP 2106.05(f)).
The Examiner has therefore determined that the additional elements, or combination of additional elements, do not integrate the abstract idea into a practical application. Accordingly, the claim(s) is/are directed to an abstract idea (Step 2A -Prong Two: NO).
Step 2B:
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception.
As discussed above in "Step 2A - Prong 2", the requirement to execute the claimed steps/functions listed above is equivalent to adding the words "apply it" on a generic computer and/or mere instructions to implement the abstract idea on a generic computer. These limitations therefore do not qualify as "significantly more" (see MPEP 2106.05 (f)).
The Examiner has therefore determined that no additional element, or combination of additional claims elements is/are sufficient to ensure the claim(s) amount to significantly more than the abstract idea identified above (Step 2B: NO).
Regarding Dependent Claims:
Dependent claims 15, 16 and 17, fail to include any additional elements and are further part of the abstract idea as identified by the Examiner.
Dependent claims 1-10, 12-14, 18 and 19 include additional limitations that are part of the abstract idea except for:
a cost importing module
an investment data storing module
a benefit analyzing module
new devices
energy-consumption factor analyzing module
energy-consumption device
by the server
factor analyzing module
an energy-consumption computing model
simulating module
The additional elements of the dependent claims are equivalent to adding the words ''apply it'' on a generic computer and/or mere instructions to implement the abstract idea on a generic computer. Even in combination, these additional elements do not integrate the abstract idea into a practical application and do not amount to significantly more than the abstract idea itself. The claims are ineligible.
Prior Art
Examiner conducted a thorough search of the body of available prior art (see attached documents regards PTO-892 Notice of Reference Cited and PE2E Search History). Notably, Examiner discovered several patent literature documents that taught aspects of the invention, but no single disclosure taught “every element required by the claims under its broadest reasonable interpretation” [MPEP § 2131] to make a 35 USC § 102 rejection. Further, Examiner considered the individual elements of the recited claims taught across the prior art cited below, but did not find it obvious to combine such disclosures [MPEP § 2142] to make a 35 USC § 103 rejection. In particular, Botich et al., U.S. Publication No. 2009/0281677 discloses in paragraph [0013], “determining energy usage of the first energy consuming device used for producing the first product, transmitting first data representing the energy usage of the first energy consuming device are producing the first product to a first server and further manufacturing the first product with a second energy consuming device” but is silent with respect to “select a part of the operating parameters that are relevant to the energy-consumption and carbon-emission result within a specific historical time-period from the multiple operating parameters based on the corresponding values to be multiple energy-consumption factors;” as required by the independent claim. Additionally, Winter (2011/0166959) teaches collecting information from a plurality of devices and producing information indicating what the new output would be if the energy consuming device was replaced but is silent with respect to “perform a simulation and calculate an energy-consumption simulated result of each of the new devices”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RASHIDA R SHORTER whose telephone number is (571)272-9345. The examiner can normally be reached Monday- Friday from 9am- 530pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jessica Lemieux can be reached at (571) 270-3445. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RASHIDA R SHORTER/Primary Examiner, Art Unit 3626