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 .
Claims 1-20 are pending.
Information Disclosure Statement
The references cited in the information disclosure statements (IDS) submitted on 01/15/2024 and 01/15/2024 have been considered by the examiner.
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 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims of U.S. Patent No. 11,859,836, in view of Steven et al. (US 2015/0112497 A1) (“Steven”). Steven is a reference cited in the information disclosure statements (IDS) submitted on 01/15/2024. Following table shows an analysis of independent claim 1, as an example.
18/400,821 (instant application)
11,859,838
Analysis
Claim 1
A system for reducing peak energy consumption load of a renewable-resource-power production-system-connected building with the aid of a digital computer, comprising:
a computer comprising at least one processor and a memory interfaced to the processor, the processor configured to:
obtain time series net load for a time period during which HVAC load for a building will be shifted, wherein an on-site renewable resource power production system is connected to the building, the time period comprised in a further time period and comprising regular intervals and
wherein energy consumption in the building during the further time period is at a peak during the time period;
set time series total load to equal the time series net load plus time series renewable resource power production data;
estimate time series non-HVAC load during the time period;
find existing time series HVAC load using the time series non- HVAC load and the time series total load;
select an HVAC load shifting strategy to reduce a building load associated with the peak energy consumption, the HVAC shifting strategy subject to one or more conditions;
construct modified time series net load to match the selected HVAC load shifting strategy;
find modified time series HVAC load using the time series non- HVAC load, the modified time series net load, and the time series renewable resource production data;
find time series change in HVAC load using the modified time series HVAC load and the existing time series HVAC load;
iteratively construct time series change in indoor temperature for the time period as a function of the time series change in HVAC load and the thermal mass, thermal conductivity, and HVAC efficiency for the building; and
evaluate whether the modified time series HVAC load satisfies the conditions,
wherein an HVAC system of the building is operated based on the HVAC load shifting strategy upon the conditions being met.
Claim 10
A system for aligning HVAC consumption with renewable power production with the aid of a digital computer, comprising the steps of:
a computer comprising at least one processor and a memory interfaced to the processor, the processor configured to:
obtain time series net load for a time period during which HVAC load for a building will be shifted, an on-site renewable resource power production system connected to the building, the time period comprising regular intervals;
set time series total load to equal the time series net load plus time series renewable resource power production data;
estimate time series non-HVAC load during the time period;
find existing time series HVAC load using the time series non-HVAC load and the time series total load;
select an HVAC load shifting strategy comprising moving HVAC consumption to match the renewable resource power production, the HVAC shifting strategy subject to one or more conditions;
construct modified time series net load to match the selected HVAC load shifting strategy subject to operational constraints on the HVAC load;
find modified time series HVAC load using the time series non-HVAC load, the modified time series net load, and the time series renewable resource production data;
find time series change in HVAC load using the modified time series HVAC load and the existing time series HVAC load;
iteratively construct time series change in indoor temperature for the time period as a function of the time series change in HVAC load and the thermal mass, thermal conductivity, and HVAC efficiency for the building, …; and
evaluate whether the modified time series HVAC load meets the operational constraints and that the conditions associated with the indoor temperature are satisfied,
wherein an HVAC system of the building is operated based on the HVAC load shifting strategy upon the evaluation the operational constraints and the conditions being met.
Similar
Similar
* (see below)
Similar
Similar
Similar
The matching of the HVAC consumption with the renewable resource power production (11,859,836) reduces the building load and reads on “reduce a building load” (18/400,821)
Regarding “associated with the peak energy consumption” feature, see * below.
Similar
Similar
Similar
Similar
Similar
Similar
* 11,859,838 does not recite a limitation similar to the limitation “wherein energy consumption in the building during the further time period is at a peak during the time period” (18/400,821). However, Steven teaches the energy consumption in the building during the further time period is at a peak during the time period. The operating schedule for the renewable energy sources reads on “a further time period”, and the time when the wholesale electricity market from which the revenue may be generated reads on “a peak …”, as described in at least paragraph [0014] (“In example implementations discussed in greater detail below, the methods, apparatus and systems described herein determine a suggested operating schedule for one or more energy assets (including energy-consuming assets for which energy usage may be curtailed), over a given time period T, that are operated by an energy customer of a retail electricity supplier. The energy assets operated by the energy customer may include electricity-consuming assets as well as electricity-generating assets (e.g., fossil-fuel-based generators, renewable energy sources) and/or electricity storage assets (e.g., batteries). The time period T over which a suggested operating schedule for the energy asset(s) may be determined according to the inventive concepts disclosed herein may be a portion of an hour, an hour, a period of multiple hours, a day, or a period of multiple days, for example (which in some instances may be based, at least in part, on time-varying wholesale electricity prices on a particular wholesale electricity market from which revenue may be generated). Similarly, the suggested operating schedule(s) for the energy assets(s) may be determined based at least in part on wholesale prices of various wholesale electricity "products" offered on the wholesale electricity markets in which the energy customer may participate (e.g., based on a geographic region in which the energy customer is located) to earn energy-related revenue.”), and paragraph [0473] (“For example, compressed air energy storage (CAES) technology provides a way to store compressed air, using energy generated at lower cost at one time, and use that compressed air at another time when energy costs are higher. For example, energy generated during periods of low energy demand periods (such as during off-peak electricity usage as night) may be released at on-peak times to meet higher demand. The CAES system may be located where there is large, accessible air-storage pockets or caverns, such as but not limited to mines and underground formations. The air may be compressed using electrically powered turbo-compressors. The compressed air stored in these pockets may be later fed to, e.g., gas-fired turbine generators to generate electricity during on-peak, higher-priced time periods. In another example, the compressed air is expanded using turbo expanders or air engines that are driving electrical generators to generate electricity.”).
Claims are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims of U.S. Patent No. 11,047,586, in view of Steven. Following table shows an analysis of independent claim 1, as an example.
18/400,821 (instant application)
11,047,586
Analysis
Claim 1
A system for reducing peak energy consumption load of a renewable-resource-power production-system-connected building with the aid of a digital computer, comprising:
a computer comprising at least one processor and a memory interfaced to the processor, the processor configured to:
obtain time series net load for a time period during which HVAC load for a building will be shifted, wherein an on-site renewable resource power production system is connected to the building, the time period comprised in a further time period and comprising regular intervals and
wherein energy consumption in the building during the further time period is at a peak during the time period;
set time series total load to equal the time series net load plus time series renewable resource power production data;
estimate time series non-HVAC load during the time period;
find existing time series HVAC load using the time series non- HVAC load and the time series total load;
select an HVAC load shifting strategy to reduce a building load associated with the peak energy consumption, the HVAC shifting strategy subject to one or more conditions;
construct modified time series net load to match the selected HVAC load shifting strategy;
find modified time series HVAC load using the time series non- HVAC load, the modified time series net load, and the time series renewable resource production data;
find time series change in HVAC load using the modified time series HVAC load and the existing time series HVAC load;
iteratively construct time series change in indoor temperature for the time period as a function of the time series change in HVAC load and the thermal mass, thermal conductivity, and HVAC efficiency for the building; and
evaluate whether the modified time series HVAC load satisfies the conditions,
wherein an HVAC system of the building is operated based on the HVAC load shifting strategy upon the conditions being met.
Claim 11
A system for aligning HVAC consumption with photovoltaic production with the aid of a digital computer, comprising:
a computer comprising at least one processor and a memory interfaced to the processor, the processor configured to:
obtain time series net load for a time period during which HVAC load for a building will be shifted, an on-site PV system connected to the building, the time period comprising regular intervals;
set time series total load to equal the time series net load plus time series PV production data;
estimate time series non-HVAC load during the time period;
find existing time series HVAC load by subtracting the time series non-HVAC load from the time series total load;
select an HVAC load shifting strategy comprising moving HVAC consumption to match the PV production, the HVAC shifting strategy subject to one or more conditions associated with an indoor temperature of the building;
construct modified time series net load to match the selected HVAC load shifting strategy subject to operational constraints on the HVAC load remaining a positive value and exceeding the HVAC equipment rating;
find modified time series HVAC load by subtracting the time series non-HVAC load from the modified time series net load and adding to a result of the subtraction the time series PV production data;
find time series change in HVAC load by subtracting the modified time series HVAC load from the existing time series HVAC load;
iteratively construct time series change in indoor temperature for the time period as a function of the time series change in HVAC load and the thermal mass, thermal conductivity, and HVAC efficiency for the building;
evaluate whether the modified time series HVAC load meets the operational constraints and that the conditions associated with the indoor temperature are satisfied,
wherein an HVAC system of the building is operated based on the HVAC load shifting strategy upon the evaluation the operational constraints and the conditions being met.
Similar
The on-site PV system (11,047,586) reads on “an on-site renewable resource power production system” (18/400,821)
** (see below)
Similar
Similar
Subtracting … (11,047,586) reads on “using …” (18/400,821)
The matching of the HVAC consumption with the PV production (11,047,586) reduces the building load and reads on “reduce a building load” (18/400,821)
Regarding “associated with the peak energy consumption” feature, see * below.
Similar
Subtracting … (11,047,586) reads on “using …” (18/400,821)
Subtracting … (11,047,586) reads on “using …” (18/400,821)
Similar
Similar
Similar
** 11,047,586 does not recite a limitation similar to the limitation “wherein energy consumption in the building during the further time period is at a peak during the time period” (18/400,821). However, Steven teaches the energy consumption in the building during the further time period is at a peak during the time period. The operating schedule for the renewable energy sources reads on “a further time period”, and the time when the wholesale electricity market from which the revenue may be generated reads on “a peak …”, as described in at least paragraph [0014] (“In example implementations discussed in greater detail below, the methods, apparatus and systems described herein determine a suggested operating schedule for one or more energy assets (including energy-consuming assets for which energy usage may be curtailed), over a given time period T, that are operated by an energy customer of a retail electricity supplier. The energy assets operated by the energy customer may include electricity-consuming assets as well as electricity-generating assets (e.g., fossil-fuel-based generators, renewable energy sources) and/or electricity storage assets (e.g., batteries). The time period T over which a suggested operating schedule for the energy asset(s) may be determined according to the inventive concepts disclosed herein may be a portion of an hour, an hour, a period of multiple hours, a day, or a period of multiple days, for example (which in some instances may be based, at least in part, on time-varying wholesale electricity prices on a particular wholesale electricity market from which revenue may be generated). Similarly, the suggested operating schedule(s) for the energy assets(s) may be determined based at least in part on wholesale prices of various wholesale electricity "products" offered on the wholesale electricity markets in which the energy customer may participate (e.g., based on a geographic region in which the energy customer is located) to earn energy-related revenue.”), and paragraph [0473] (“For example, compressed air energy storage (CAES) technology provides a way to store compressed air, using energy generated at lower cost at one time, and use that compressed air at another time when energy costs are higher. For example, energy generated during periods of low energy demand periods (such as during off-peak electricity usage as night) may be released at on-peak times to meet higher demand. The CAES system may be located where there is large, accessible air-storage pockets or caverns, such as but not limited to mines and underground formations. The air may be compressed using electrically powered turbo-compressors. The compressed air stored in these pockets may be later fed to, e.g., gas-fired turbine generators to generate electricity during on-peak, higher-priced time periods. In another example, the compressed air is expanded using turbo expanders or air engines that are driving electrical generators to generate electricity.”).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Zhang et al. (US 2016/0009192 A1) teaches a net load over time intervals of a facility that considers a load demand and energy supply of the facility, including a renewable energy, as described in at least paragraph [0068] (“FIG. 4A illustrates a net load curve with 30% renewable penetration and an electric demand curve on an hourly resolved basis. FIG. 4A shows curve 402a (e.g., electric net load, D(t.sub.i), based on wind and solar installed capacities at around 30% renewable penetration) and curve 404a (e.g., electric demand, E(t.sub.i)) on an hourly resolved basis. FIG. 4B illustrates a net load curve with 30% renewable penetration and an electric demand curve on a monthly average basis. FIG. 4B shows curve 402b (e.g., electric net load, D(t.sub.i), based on wind and solar installed capacities at around 30% renewable penetration) and curve 404b (e.g., electric demand, E(t.sub.i)) on a monthly average basis.”)
Packer et al. (US 10,885,238 B1) teaches a system for calculating an estimated future indoor air temperature for a building based information about the building thermodynamics, information about environmental conditions, and thermostat set point information, and performing load shifting to reduce energy costs, predicating peak use events, as described in at least Column 2 lines 35-41 (“According to an embodiment, a predicted future indoor air temperature for a building may be used for many purposes including: predicting the state of an HVAC system for the building at a future time; forecasting energy usage and energy costs; performing load shifting to reduce energy costs, predicating peak use events, etc. This will be described in greater detail below.”), Abstract (“A method and system for calculating an estimated future indoor air temperature for a building receives information about the building, information about environmental conditions, and thermostat set point information, determines, using a processor, thermodynamic properties of the building based on the received information about the building, and calculates the estimated future indoor air temperature using the determined thermodynamic properties of the building, the received information about environmental conditions, and the received thermostat set point information.”), and Column 5, lines 21-23 (“FIG. 6 is a flow diagram illustrating a process for estimating a future indoor air temperature for a building, according to an embodiment.”) (Packer: Column 5 line 66 – Column 6 line 7 “Next, in block 630, thermodynamic properties of the building are determined using the received information. In an embodiment, the thermodynamic properties may include insulation properties of the building, HVAC system properties of the building, and the effect of solar radiation on the building. However, these are only exemplary, and additional thermodynamic properties may be determined. The process of determining the thermodynamic properties will be discussed in further detail below with reference to FIG. 7.”).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL W CHOI whose telephone number is (571)270-5069. The examiner can normally be reached Monday-Friday 8am-5pm.
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, Kenneth Lo can be reached at (571) 272-9774. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MICHAEL W CHOI/Primary Examiner, Art Unit 2116