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
The information disclosure statement (IDS) submitted on 07/29/2024 was filed before the mailing of this action. 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 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 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e. an abstract idea) without significantly more.
Claims 1-18 recite a method (i.e. process), claim 19 recites a server (i.e. machine), and claim 20 recites non-transitory computer-readable medium (i.e. machine or article of manufacture). Therefore claims 1-20 fall within one of the four statutory categories of invention.
Independent claims 1, 19, and 20 recite the limitations of receiving a first plurality of energy values associated with a first plurality of energy sinks; determining a first plurality of game selections based on the first plurality of energy values; transmitting the first plurality of game selections to a first [client device], wherein a first user is associated with the first [client device] and the first plurality of energy sinks; receiving a first game selection associated with the first plurality of game selections from the first [client device]; determining a first game status based on the first game selection; and transmitting the first game status to the first [client device]. The invention and claims are drawn towards reducing energy usage or consumption by consumers using gamification to influence user consumption behavior, and the claims recite limitations that correspond to certain methods of organizing human activity (managing personal interactions, behavior, or relationships; business relations; commercial interactions; following rules or instructions) as evidenced by the claim limitations detailing determining a first plurality of game selections based on the first plurality of energy values; transmitting the first plurality of game selections to a first [client device], wherein a first user is associated with the first [client device] and the first plurality of energy sinks; receiving a first game selection associated with the first plurality of game selections from the first [client device]; determining a first game status based on the first game selection; and transmitting the first game status to the first [client device]. The claim limitations also correspond to certain methods of organizing human activity (observation evaluation, judgment, opinion) as evidenced by the limitations describing the observation and evaluation of data, and making a decision (judgment/opinion) based on the observed and evaluated data. The claims recite an abstract idea.
Note: the additional element in brackets in the above Step 2A Prong One section is inserted for reading clarity, but is analyzed as an additional element under Step 2A Prong Two and Step 2B below.
The judicial exception is not integrated into a practical application simply because the claims recite the additional elements of: a first client device, a server (claims 19 and 20) a memory (claim 19), a database (claim 19), a processor (claims 19 and 20), a non-transitory computer readable medium. The additional elements are computer components recited at a high-level of generality performing the above-mentioned limitations. The combination of the additional elements are no more than mere instructions to apply the judicial exception using a generic computer. Accordingly, in combination, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claims are directed to an abstract idea.
The claims do 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 elements amount to no more than mere instructions to apply the exception using a generic computer. Mere instructions to apply an exception using a generic computer cannot provide an inventive concept. Thus, when viewed as an ordered combination, nothing in the claims add significantly more (i.e. an inventive concept) to the abstract idea. The claims are not patent eligible.
Claim 4 recites the limitations that the energy reduction request is configured to adjust [a first thermostat] associated with [a first heating ventilation and air conditioning (HVAC) system]; and the first plurality of energy sinks includes the [first HVAC system]. The claim limitation is further directed to the abstract idea analyzed above. The claim also recites the additional elements of a first thermostat and a first HVAC system. The additional elements amount to generally linking the judicial exception to a particular field of use (reducing energy usage). Accordingly, in combination, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. Further, viewed as an ordered combination, nothing in the claim adds significantly more (i.e. an inventive concept) to the abstract idea. The claim is not patent eligible.
Claim 5 recites the limitations that the energy reduction request is further configured to adjust [a second thermostat] associated with [a second HVAC system]; and the first plurality of energy sinks further includes the [second HVAC system]. The claim limitation is further directed to the abstract idea analyzed above. The claim also recites the additional elements of a second thermostat and a second HVAC system. The additional elements amount to generally linking the judicial exception to a particular field of use (reducing energy usage). Accordingly, in combination, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. Further, viewed as an ordered combination, nothing in the claim adds significantly more (i.e. an inventive concept) to the abstract idea. The claim is not patent eligible.
Claim 6 recites the limitations that the energy reduction request is configured to adjust a first charging rate of [a first electric vehicle (EV) charger]; and the first plurality of energy sinks includes the [first EV charger]. The claim limitation is further directed to the abstract idea analyzed above. The claim also recites the additional element of a first EV charger. The additional element amounts to generally linking the judicial exception to a particular field of use (reducing energy usage). Accordingly, in combination, the 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. Further, viewed as an ordered combination, nothing in the claim adds significantly more (i.e. an inventive concept) to the abstract idea. The claim is not patent eligible.
Claim 7 recites the limitations that the energy reduction request is further configured to adjust a second charging rate of [a second EV charger]; and the first plurality of energy sinks further includes the [second EV charger]. The claim limitation is further directed to the abstract idea analyzed above. The claim also recites the additional element of a second EV charger. The additional element amounts to generally linking the judicial exception to a particular field of use (reducing energy usage). Accordingly, in combination, the 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. Further, viewed as an ordered combination, nothing in the claim adds significantly more (i.e. an inventive concept) to the abstract idea. The claim is not patent eligible.
Dependent claim 10 recites the limitation that the first plurality of energy values is received from a [home automation system] associated with the first plurality of energy sinks. The claim limitation is further directed to the abstract idea analyzed above. The claim also recites the additional element of a home automation system. The additional element amounts to generally linking the judicial exception to a particular field of use (reducing energy usage). Accordingly, in combination, the 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. Further, viewed as an ordered combination, nothing in the claim adds significantly more (i.e. an inventive concept) to the abstract idea. The claim is not patent eligible.
Dependent claim 11 recites the limitation that the first plurality of energy values is received from a [smart meter] associated with the first plurality of energy sinks. The claim limitation is further directed to the abstract idea analyzed above. The claim also recites the additional element of a smart meter. The additional element amounts to generally linking the judicial exception to a particular field of use (reducing energy usage). Accordingly, in combination, the 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. Further, viewed as an ordered combination, nothing in the claim adds significantly more (i.e. an inventive concept) to the abstract idea. The claim is not patent eligible.
Dependent claim 13 recites the limitation that transmitting the first plurality of game selections to the first client device is triggered based on a first power load on at least of a portion of a [power grid] associated with an electric utility. The claim limitation is further directed to the abstract idea analyzed above. The claim also recites the additional element of a power grid. The additional element amounts to generally linking the judicial exception to a particular field of use (reducing energy usage). Accordingly, in combination, the 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. Further, viewed as an ordered combination, nothing in the claim adds significantly more (i.e. an inventive concept) to the abstract idea. The claim is not patent eligible. Note: this analysis is applicable to all recitations of a power grid in the claims.
Dependent claims 2, 3, 8, 9, 12, 14-26, and 18 recite additional limitations that are further directed to the abstract idea analyzed in the rejected claims above. The claims also recite additional elements that have been analyzed in the rejected claims above. Thus, claims 2, 3, 8, 9, 12, 14-26, and 18 are also rejected under 35 U.S.C. 101. The claims are 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) 1-5 and 10-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bain (2023/0006444).
Claim 1: A programmatic method for reducing energy usage using gamification, the programmatic method comprising:
receiving a first plurality of energy values associated with a first plurality of energy sinks; (Bain ¶0330 smart meters may provide consumption data in real-time or near real-time to the platform; energy platform may then perform the required pricing calculations to present consumption costs to consumers and to present the anticipated cost of future consumption opportunities, among other things; see also Fig. 3; ¶0333 energy usage data 146 may be made available to a utility marketplace platform 100 in an energy efficiency device; see also ¶0334 disclosing the energy market place working cooperatively with smart meters that may measure electrical energy usage, such as in a home, office, apartment, and the like; communicating with usage reading and/or regulating devices within the home; devices and the marketplace may exchange usage, real-time pricing, capacity, raw energy source utilization, and related information about the energy being provided through the smart meter); ¶0020 the plurality of uses includes at least one of heating, cooling, cooking, washing clothing, drying clothing, operation of appliances, energy storage, lighting, and a use that exceeds five percent of annual load)
determining a first plurality of game selections based on the first plurality of energy values; (Bain ¶0333 Energy usage data 146 may be received on an operating day (OD) plus 1. Energy usage data 146 may be made available to a utility marketplace platform 100 in an energy efficiency device. The utility marketplace platform 100 may use data sources, including energy usage data 146, consumer behavior data, gamification data (such as from a gamification engine 138 or gamification UI); ¶0364 mobile app 122 may include gamification features, such as rendered in a gamification user interface (UI) 126 by which the consumer may engage in games, contests, or game-like interactions that make the platform 100 highly engaging and that influence consumer behavior with respect to energy consumption. This may include games that induce various kinds of behavior, such as time-shifting use of energy-demanding appliances, turning down heating and cooling, turning off lights, and the like; see Fig. 4, Fig. 15-Fig. 16)
transmitting the first plurality of game selections to a first client device, wherein a first user is associated with the first client device and the first plurality of energy sinks; (Bain ¶0364 mobile app 122 may include gamification features, such as rendered in a gamification user interface (UI) 126 by which the consumer may engage in games, contests, or game-like interactions that make the platform 100 highly engaging and that influence consumer behavior with respect to energy consumption. This may include games that induce various kinds of behavior, such as time-shifting use of energy-demanding appliances, turning down heating and cooling, turning off lights, and the like; see Fig. 4, Fig. 15-Fig. 16; ¶0373 Consumers 132 may choose to act on indications of renewable energy being available on the energy grid, in order to increase their use of renewable energy sources)
receiving a first game selection associated with the first plurality of game selections from the first client device; (Bain ¶0400 a savings calculation may indicate a potential savings available to the consumer based on actions taken by the consumer, such as by the user selecting one or more sources of raw energy and the link; ¶0428 the platform 100 may be configured to track, observe, account for, manage, and/or influence behavior of users, including consumers 132, such as overall consumption behavior, consumption behavior with respect to a particular activity (in home, in a vehicle, for completion of a particular task, in using a particular appliance or the like), production behavior (such as returning energy to the grid), location behavior (including geolocation, location on a grid, and the like), behavior within a user interface (such as interacting with user interface elements, interacting with game elements, replying to communications, and the like), and other types of behavior as described throughout this disclosure)
determining a first game status based on the first game selection; and (Bain ¶0429 user behavior may be tracked by a variety of techniques and systems, including tracking behavior of the user when interacting with the mobile application described herein (such as by storing interactions and sequence of interactions with the user interface), tracking transactions with the platform 100 (such as purchases of energy in current or forward markets, sales of energy in current or forward market and the like), tracking consumption and production behavior (overall and with respect to particular items, devices, elements, topics, or systems as described herein) by measuring energy utilization (such as with a smart meter, and IoT system, or the like), tracking location (such as by GPS, beacons, access points, lighting systems with proximity location capability, cellular triangulation systems, vehicle location systems, peer-to-peer location systems, and others), tracking sentiment (such as by surveys, by secondary indicators of interest and the like), tracking interaction with content and advertising (such as by clickstream tracking and analysis, pixel tracking within content objects, etc.; see also ¶0430 by tracking user behavior (including internal tracking via various sub-systems or components of the platform and/or by taking inputs from external systems), the platform 100 can make available a variety of inputs and information to an operator of the platform 100 or other user, such as dashboards, reports, alerts, and the like, so that the operator or other user can respond to and manage individual, group, or aggregate behavior, such as to recognize one or more problems or opportunities that may be evident from the track information, to recognize a pattern in behavior that can be influenced by or considered in connection with managing the platform 100, to predict some aspect of future behavior or outcome related to the platform 100 or some activity managed by the platform, or the like)
transmitting the first game status to the first client device.(Bain ¶0430 a user may be most likely to reduce overall consumption in a competitive situation with other similar users, so that user may be presented with a number of opportunities to enter games and challenges. Thus, for a wide range of purposes, a user interface of the platform 100 may provide tracking analytics across a wide range of user behavior)
Claims 19 and 20 are directed to a server and non-transitory computer-readable medium, respectively. Claims 19 and 20 recite limitations that are parallel in nature as those addressed above for claim 1, which is directed towards a method. Claims 19 and 20 are therefore rejected for the same reasons as set forth above for claim 1. Furthermore, claims 19 and 20 recites:
(Claim 19): A server for reducing energy usage using gamification, the server comprising a memory; a database; and a processor configured to perform a method, the method comprising: (Bain ¶0539 The software program may be associated with a server; The server may include one or more of memories, processors, computer readable media, storage media; ¶0540 server may provide an interface to other devices including, without limitation database servers)
(Claim 20): A non-transitory computer readable medium comprising a plurality of machine- readable instructions which when executed by one or more processors of a server are adapted to cause the server to perform a method for reducing energy usage using gamification, the method comprising: (Bain ¶0540 server may provide an interface to other devices including, without limitation, database servers; in addition, any of the devices attached to the server through an interface may include at least one storage medium capable of storing methods, programs, code and/or instructions. A central repository may provide program instructions to be executed on different devices. In this implementation, the remote repository may act as a storage medium for program code, instructions, and programs)
Claim 2: The programmatic method of claim 1, wherein the first plurality of energy sinks includes a first plurality of appliances associated with the first user. (Bain ¶0019 visual element depicts energy consumption for a plurality of uses of the energy by the consumer; ¶0020 the plurality of uses includes at least one of heating, cooling, cooking, washing clothing, drying clothing, operation of appliances, energy storage, lighting, and a use that exceeds five percent of annual load; ¶0144 the leaderboard is based on consumption of energy for operating at least one household appliance; ¶0145 the at least one household appliance is selected from a group consisting of a refrigerator, an oven, a stovetop, a microwave, a beverage cooler, a freezer, lighting, baseboard heat, heated towel bar, subfloor heat, a computer, a printer, an air circulating fan, a musical instrument, a garbage disposal, an electric blanket, a toaster oven, a battery charger, a television, networking electronics, space heater, power tool, food mixer, blender, hair dryer and electric toothbrush)
Claim 3: The programmatic method of claim 1 further comprising transmitting an energy reduction request to a first subset of the first plurality of energy sinks based on the first game selection. (Bain ¶0081 the user interface is configured to provide a visual element that details a recommendation for a consumer action that is configured to result in consumption of energy during availability of the preferred mix of energy sources; ¶0265 the platform includes a recommendation engine that is configured to automatically identify activities that one of reduce cost and increase consumption of energy from renewable energy sources; ¶0364 mobile app 122 may include gamification features, such as rendered in a gamification user interface (UI) 126 by which the consumer may engage in games, contests, or game-like interactions that make the platform 100 highly engaging and that influence consumer behavior with respect to energy consumption. This may include games that induce various kinds of behavior, such as time-shifting use of energy-demanding appliances, turning down heating and cooling, turning off lights, and the like; ¶0376 providing automated or machine-based recommendations to a consumer in a consumer retail utility marketplace platform 100. For example, consumer profiles, user behavior information, and similarity analysis (including collaborative filtering) can be used to make recommendations that are tuned to the profile of an individual or group of consumers, such as to suggest when to turn on a particular appliance, how to reduce overall energy consumption, how to reduce carbon footprint, and other factors)
Claim 4: The programmatic method of claim 3, wherein: the energy reduction request is configured to adjust a first thermostat associated with a first heating ventilation and air conditioning (HVAC) system; and the first plurality of energy sinks includes the first HVAC system. (Bain ¶0364 disclosing games presented to the user that induce various kinds of behavior, such as time-shifting use of energy-demanding appliances, turning down heating and cooling, turning off lights, and the like; ¶0391 disclosing the platform including include other high energy consuming devices in the home, such as the water heater, A/C systems (first HVAC system), heating systems; ¶0393 the smart home system includes energy-related systems (e.g., heating, air conditioning, etc.); adjusting operations of energy consuming devices such as heating and cooling systems; combination of availability of energy and sunlight may be coordinated with a home control system to close automated window covers (e.g., skylight shades and the like) during the intense sunlight while adjusting the timing and/or operation of the home's air conditioning system to leverage the renewable energy; ¶0081 the user interface is configured to provide a visual element that details a recommendation for a consumer action that is configured to result in consumption of energy during availability of the preferred mix of energy sources; ¶0019 visual element depicts energy consumption for a plurality of uses of the energy by the consumer; ¶0020 the plurality of uses includes at least one of heating, cooling, cooking, washing clothing, drying clothing, operation of appliances, energy storage, lighting, and a use that exceeds five percent of annual load)
Claim 5: The programmatic method of claim 4, wherein: the energy reduction request is further configured to adjust a second thermostat associated with a second HVAC system; and the first plurality of energy sinks further includes the second HVAC system. (Bain ¶0364 disclosing games presented to the user that induce various kinds of behavior, such as time-shifting use of energy-demanding appliances, turning down heating and cooling, turning off lights, and the like; ¶0391 disclosing the platform including include other high energy consuming devices in the home, such as the water heater, A/C systems, heating systems (second HVAC system); ¶0393 the smart home system includes energy-related systems (e.g., heating, air conditioning, etc.); adjusting operations of energy consuming devices such as heating and cooling systems; combination of availability of energy and sunlight may be coordinated with a home control system to close automated window covers (e.g., skylight shades and the like) during the intense sunlight while adjusting the timing and/or operation of the home's air conditioning system to leverage the renewable energy; ¶0081 the user interface is configured to provide a visual element that details a recommendation for a consumer action that is configured to result in consumption of energy during availability of the preferred mix of energy sources; ¶0019 visual element depicts energy consumption for a plurality of uses of the energy by the consumer; ¶0020 the plurality of uses includes at least one of heating, cooling, cooking, washing clothing, drying clothing, operation of appliances, energy storage, lighting, and a use that exceeds five percent of annual load)
Claim 10: The programmatic method of claim 1, wherein the first plurality of energy values is received from a home automation system associated with the first plurality of energy sinks. (Bain ¶0334 a retail consumer energy marketplace may work cooperatively with smart meters that may measure electrical energy usage, such as in a home, office, apartment, and the like. Smart meters may also communicate with usage reading and/or regulating devices within the home; devices may also connect through a network, such as a WiFi network (e.g., a WiFi network in the home and the like); devices and the marketplace may exchange usage, real-time pricing, capacity, raw energy source utilization, and related information about the energy being provided through the smart meter; see also ¶0352; ¶0393 a smart home system, such as a system that enables interaction among and control of home systems, such as energy-related systems (e.g., heating, air conditioning, ventilation, sunlight control, and the like) may interface with an energy marketplace platform to enable automated demand management of energy provided over a consumer energy distribution network; see also ¶0394)
Claim 11: The programmatic method of claim 1, wherein the first plurality of energy values is received from a smart meter associated with the first plurality of energy sinks. (Bain ¶0334 a retail consumer energy marketplace may work cooperatively with smart meters that may measure electrical energy usage, such as in a home, office, apartment, and the like. Smart meters may also communicate with usage reading and/or regulating devices within the home; devices may also connect through a network, such as a WiFi network (e.g., a WiFi network in the home and the like); devices and the marketplace may exchange usage, real-time pricing, capacity, raw energy source utilization, and related information about the energy being provided through the smart meter; see also ¶0352; ¶0393 a smart home system, such as a system that enables interaction among and control of home systems, such as energy-related systems (e.g., heating, air conditioning, ventilation, sunlight control, and the like) may interface with an energy marketplace platform to enable automated demand management of energy provided over a consumer energy distribution network; see also ¶0394)
Claim 12: The programmatic method of claim 11, wherein the smart meter is managed by an electric utility. (Bain ¶0005 The underlying energy or utility infrastructure and marketplaces are managed by incumbent entities like utilities, energy companies, and independent service organizations (ISOs); ¶0352 Updates to the estimated consumption may be provided after the billing time interval from a utility; ¶0393 Energy providers, may send production source information, such as the types of raw energy being used or predicted to be used to provide energy over the energy distribution network, to the platform. This information may be used by the platform to coordinate with smart home systems and the like to automatically adjust energy demand; ¶0394 Energy costs, and therefore reimbursement from an energy company for providing energy to the grid by a homeowner may be affected by demand, typically being higher when demand is higher)
Claim 13: The programmatic method of claim 1, wherein transmitting the first plurality of game selections to the first client device is triggered based on a first power load on at least of a portion of a power grid associated with an electric utility. (Bain ¶0003 disclosing delivery of energy and other utilities like water, natural gas, and the like to consumers via the electrical grid; including various energy producers (e.g., owners and operators of power plants (using coal, oil, natural gas, nuclear energy and other sources), renewable energy producers (e.g., providing wind, solar, hydro-power and other renewable energy), providers of energy grid infrastructure (including generators, transformers, transmission lines, and many other elements), providers of water and gas pipes and other infrastructure, utilities (providers of electricity, water, gas and other utilities), regulators, and independent service organizations (including ones that manage the grid to match available supply and demand based on current conditions); (see also ¶0363); ¶0018 user interface includes a first visual element that depicts consumption of energy by a consumer in a first time interval based on data received from at least one energy consumption tracking meter of the consumer and a gamification visual element that depicts at least one game question, the response of the consumer to which impacts an estimate of consumption by the consumer during a future time interval; ¶0019 the first visual element depicts energy consumption for a plurality of uses of the energy by the consumer; ¶0020 the plurality of uses includes at least one of heating, cooling, cooking, washing clothing, drying clothing, operation of appliances, energy storage, lighting, and a use that exceeds five percent of annual load; ¶0076 receiving energy pricing information indicating current and estimated future energy costs for raw energy-use production source producing energy for an energy grid that provides energy to a consumer and presenting in a user interface for the consumer a visual element indicating the pricing information; see also ¶0077 and ¶0078; ¶0136 the gamification user interface presents an extreme challenge-based game element to a user that uses a criterion of an amount of energy returned to a grid by energy production sources under control of the user of at least a predetermined value that is greater than a median amount of energy returned to the grid by energy production sources under control of users in the user's region; see also ¶0139; ¶0250 disclosing the multiple parties of the grid including operating parties and retail energy providers; ¶0337 Energy platform 100 may integrate price data from transmission utilities 178 and TDSP 184 for the energy grid infrastructure to deliver electricity to consumers)
Claim 14: The programmatic method of claim 13, wherein determining the first plurality of game selections is further based on the first power load associated with the electric utility. (Bain ¶0003 disclosing delivery of energy and other utilities like water, natural gas, and the like to consumers via the electrical grid; including various energy producers (e.g., owners and operators of power plants (using coal, oil, natural gas, nuclear energy and other sources), renewable energy producers (e.g., providing wind, solar, hydro-power and other renewable energy), providers of energy grid infrastructure (including generators, transformers, transmission lines, and many other elements), providers of water and gas pipes and other infrastructure, utilities (providers of electricity, water, gas and other utilities), regulators, and independent service organizations (including ones that manage the grid to match available supply and demand based on current conditions); (see also ¶0363); ¶0018 user interface includes a first visual element that depicts consumption of energy by a consumer in a first time interval based on data received from at least one energy consumption tracking meter of the consumer and a gamification visual element that depicts at least one game question, the response of the consumer to which impacts an estimate of consumption by the consumer during a future time interval; ¶0019 the first visual element depicts energy consumption for a plurality of uses of the energy by the consumer; ¶0020 the plurality of uses includes at least one of heating, cooling, cooking, washing clothing, drying clothing, operation of appliances, energy storage, lighting, and a use that exceeds five percent of annual load)
Claim 15: The programmatic method of claim 1, wherein transmitting the first plurality of game selections to the first client device is triggered based on a first available power on at least a portion of a power grid associated with an electric utility. (Bain ¶0018 user interface includes a first visual element that depicts consumption of energy by a consumer in a first time interval based on data received from at least one energy consumption tracking meter of the consumer and a gamification visual element that depicts at least one game question, the response of the consumer to which impacts an estimate of consumption by the consumer during a future time interval; ¶0019 the first visual element depicts energy consumption for a plurality of uses of the energy by the consumer; ¶0020 the plurality of uses includes at least one of heating, cooling, cooking, washing clothing, drying clothing, operation of appliances, energy storage, lighting, and a use that exceeds five percent of annual load; ¶0393 by signaling to a home control system when energy costs are low/high or when distributed energy from raw renewable energy is or is predicted to be available, a home system may adjust demand of energy consuming systems, e.g., energy from wind may be estimated to be available at a future time, thereby offering the option of reducing consumption of energy from other/non-renewable sources; ¶0440 the prediction system may predict how much a challenge game will reduce energy consumption for a participating portion of the grid; ¶0492 notifications may be made directly to automated energy control devices, such as energy production systems, energy consumption devices, energy regulating systems and the like, e.g., fossil fuel-based production system may take an action, such as reducing production output, diverting production output to storage or to a portion of the grid that is not experiencing a reduction in demand, and the like)
Claim 16: The programmatic method of claim 15, wherein determining the first plurality of game selections is further based on the first available power of the power grid associated with the electric utility. (Bain ¶0018 user interface includes a first visual element that depicts consumption of energy by a consumer in a first time interval based on data received from at least one energy consumption tracking meter of the consumer and a gamification visual element that depicts at least one game question, the response of the consumer to which impacts an estimate of consumption by the consumer during a future time interval; ¶0019 the first visual element depicts energy consumption for a plurality of uses of the energy by the consumer; ¶0020 the plurality of uses includes at least one of heating, cooling, cooking, washing clothing, drying clothing, operation of appliances, energy storage, lighting, and a use that exceeds five percent of annual load; ¶0393 by signaling to a home control system when energy costs are low/high or when distributed energy from raw renewable energy is or is predicted to be available, a home system may adjust demand of energy consuming systems, e.g., energy from wind may be estimated to be available at a future time, thereby offering the option of reducing consumption of energy from other/non-renewable sources; ¶0440 the prediction system may predict how much a challenge game will reduce energy consumption for a participating portion of the grid; ¶0492 notifications may be made directly to automated energy control devices, such as energy production systems, energy consumption devices, energy regulating systems and the like, e.g., fossil fuel-based production system may take an action, such as reducing production output, diverting production output to storage or to a portion of the grid that is not experiencing a reduction in demand, and the like)
Claim 17: The programmatic method of claim 1, wherein transmitting the first plurality of game selections to the first client device is triggered based on a first power load of a private power grid associated with the first user. (Bain ¶0018 user interface includes a first visual element that depicts consumption of energy by a consumer in a first time interval based on data received from at least one energy consumption tracking meter of the consumer and a gamification visual element that depicts at least one game question, the response of the consumer to which impacts an estimate of consumption by the consumer during a future time interval; ¶0019 the first visual element depicts energy consumption for a plurality of uses of the energy by the consumer; ¶0020 the plurality of uses includes at least one of heating, cooling, cooking, washing clothing, drying clothing, operation of appliances, energy storage, lighting, and a use that exceeds five percent of annual load; ¶0440 the prediction system may predict how much a challenge game will reduce energy consumption for a participating portion of the grid; ¶0076 receiving energy pricing information indicating current and estimated future energy costs for raw energy-use production source producing energy for an energy grid that provides energy to a consumer and presenting in a user interface for the consumer a visual element indicating the pricing information; see also ¶0077 and ¶0078; ¶0136 the gamification user interface presents an extreme challenge-based game element to a user that uses a criterion of an amount of energy returned to a grid by energy production sources under control of the user of at least a predetermined value that is greater than a median amount of energy returned to the grid by energy production sources under control of users in the user's region; see also ¶0139)
Claim 18: The programmatic method of claim 17, wherein determining the first plurality of game selections is further based on the first power load of the private power grid. (Bain ¶0018 user interface includes a first visual element that depicts consumption of energy by a consumer in a first time interval based on data received from at least one energy consumption tracking meter of the consumer and a gamification visual element that depicts at least one game question, the response of the consumer to which impacts an estimate of consumption by the consumer during a future time interval; ¶0019 the first visual element depicts energy consumption for a plurality of uses of the energy by the consumer; ¶0020 the plurality of uses includes at least one of heating, cooling, cooking, washing clothing, drying clothing, operation of appliances, energy storage, lighting, and a use that exceeds five percent of annual load; ¶0440 the prediction system may predict how much a challenge game will reduce energy consumption for a participating portion of the grid; ¶0076 receiving energy pricing information indicating current and estimated future energy costs for raw energy-use production source producing energy for an energy grid that provides energy to a consumer and presenting in a user interface for the consumer a visual element indicating the pricing information; see also ¶0077 and ¶0078; ¶0136 the gamification user interface presents an extreme challenge-based game element to a user that uses a criterion of an amount of energy returned to a grid by energy production sources under control of the user of at least a predetermined value that is greater than a median amount of energy returned to the grid by energy production sources under control of users in the user's region; see also ¶0139)
Claim Rejections - 35 USC § 103
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 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, 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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 6 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bain (2023/0006444) in view of Miftakov (2017/0250550).
Claim 6: The programmatic method of claim 3, wherein:
the energy reduction request is configured to adjust a first charging rate of a first electric vehicle (EV) charger; and the first plurality of energy sinks includes the first EV charger.
Bain discloses that the first plurality of energy sinks includes the first EV charger: (Bain ¶0391 example of a device that may benefit from control of usage timing is an electric vehicle; ¶0419 challenging users to achieve a target level of energy consumption, a target level of energy reduction, a target fraction of renewable energy as a source, a target reduction in usage of fossil fuel as a source, or the like for a particular type of consumption, such as consumption for charging a vehicle). Bain does not explicitly disclose the energy reduction request is configured to adjust a first charging rate of a first electric vehicle (EV) charger. Miftakov suggests or discloses this limitation/concept: (Miftakov ¶0059 disclosing charging rate plans; ¶0061 disclosing the adapted 210-A settles on a charging plan; an AI algorithm of the load server established schedule, time and predictive grid loads and suggests a charging same that can execute immediately; charging preference can be communicated by adapter 210-A to an EVSE). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Bain to include the energy reduction request is configured to adjust a first charging rate of a first electric vehicle (EV) charger as taught by Miftakov. One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify Bain in order to reduce power consumption (see ¶0015 of Miftakov).
Claim 7: The programmatic method of claim 6, wherein:
the energy reduction request is further configured to adjust a second charging rate of a second EV charger; and the first plurality of energy sinks further includes the second EV charger.
Bain discloses that the first plurality of energy sinks further includes the second EV charger: (Bain ¶0391 example of a device that may benefit from control of usage timing is an electric vehicle; ¶0419 challenging users to achieve a target level of energy consumption, a target level of energy reduction, a target fraction of renewable energy as a source, a target reduction in usage of fossil fuel as a source, or the like for a particular type of consumption, such as consumption for charging a vehicle). Bain does not explicitly disclose that the energy reduction request is further configured to adjust a second charging rate of a second EV charger. Miftakov suggests or discloses this limitation/concept: (Miftakov ¶0066 disclosing the power quality module may reduce the charge rate of 30A down to 6A; also ¶0071 discloses aggregating and managing multiple standalone adapters for load control vis-a-vis power grid real-time price and demand metrics, thus ¶0061 is also applicable to a second charger in the system). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Bain to include the energy reduction request is further configured to adjust a second charging rate of a second EV charger as taught by Miftakov. One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify Bain in order to reduce power consumption (see ¶0015 of Miftakov).
Claim(s) 8 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bain (2023/0006444) in view of Goei (2022/0111747).
Claim 8: The programmatic method of claim 3, wherein:
the energy reduction request is configured to adjust a first charging schedule of a first electric vehicle (EV) charger; and the first plurality of energy sinks includes the first EV charger.
Bain discloses that the first plurality of energy sinks includes the first EV charger: (Bain ¶0391 example of a device that may benefit from control of usage timing is an electric vehicle; ¶0419 challenging users to achieve a target level of energy consumption, a target level of energy reduction, a target fraction of renewable energy as a source, a target reduction in usage of fossil fuel as a source, or the like for a particular type of consumption, such as consumption for charging a vehicle). Bain does not explicitly disclose that the energy reduction request is configured to adjust a first charging schedule of a first electric vehicle (EV) charger. Goei suggests or discloses this limitation/concept: (Goei ¶0092 the system will provide recommended times for a charging appointment; user can confirm the recommendation or alternatively, generate plan change recommendations; if a user's changes are inconsistent with the user's personal mobility device characteristics and planned usage of the trip, the system will prompt the user for alternative selections and/or propose alternative charging unit bookings; see also Figs. 9 and 34 indicating that this may be applicable for one or more adapter or charger). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Bain to include the energy reduction request is configured to adjust a first charging schedule of a first electric vehicle (EV) charger as taught by Goei. One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify Bain in order to balance of the system and grid protection (see ¶0146 of Goei).
Claim 9: The programmatic method of claim 8, wherein:
the energy reduction request is further configured to adjust a second charging schedule of a second EV charger; and the first plurality of energy sinks further includes the second EV charger.
Bain discloses that the first plurality of energy sinks further includes the second EV charger: (Bain ¶0391 example of a device that may benefit from control of usage timing is an electric vehicle; ¶0419 challenging users to achieve a target level of energy consumption, a target level of energy reduction, a target fraction of renewable energy as a source, a target reduction in usage of fossil fuel as a source, or the like for a particular type of consumption, such as consumption for charging a vehicle). Bain does not explicitly disclose that the energy reduction request is further configured to adjust a second charging schedule of a second EV charger. Goei suggests or discloses this limitation/concept: (Goei ¶0092 the system will provide recommended times for a charging appointment; user can confirm the recommendation or alternatively, generate plan change recommendations; if a user's changes are inconsistent with the user's personal mobility device characteristics and planned usage of the trip, the system will prompt the user for alternative selections and/or propose alternative charging unit bookings; see also Figs. 9 and 34 indicating that this may be applicable for more than one adapter or charger). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Bain to include the energy reduction request is further configured to adjust a second charging schedule of a second EV charger as taught by Goei. One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify Bain in order to balance of the system and grid protection (see ¶0146 of Goei).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DIONE N SIMPSON whose telephone number is (571)272-5513. The examiner can normally be reached M-F; 7:30 a.m.-4:30 p.m..
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DIONE N. SIMPSON
Primary Examiner
Art Unit 3628
/DIONE N. SIMPSON/Primary Examiner, Art Unit 3628
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