DETAILED ACTION
Final Action
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Claims 1-6, and 12-24 are pending.
Claims 1-6, and 12-24 are rejected below.
Claim Objections
Claims 12-15 are objected to under 37 CFR 1.75 as being a substantial duplicate of claims 1, 3-6, respectively . When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 1-6, 12-15 is/are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1-5 and 16 of prior U.S. Patent No. 8,401,711. This is a statutory double patenting rejection.
Instant Application
U.S. Pat. 8,401,711
Claim 1 (12):
A telemetry system comprising: a plurality of distributed solar photovoltaic electricity generation systems coupled to an electric power grid, each solar photovoltaic electricity generation system configured to generate service data and first meter data defining an amount of energy generated by the solar photovoltaic electricity generation system over a period of time;
a plurality of first institutions directly coupled to one or more of the solar photovoltaic electricity generation systems by telemetry and configured to receive electric power from the solar photovoltaic electricity generation systems and to generate second meter data defining an amount of electric power received from the solar photovoltaic electricity generation systems;
a plurality of second institutions coupled to one or more of the solar photovoltaic electricity generation systems through the electric power grid, the second institutions configured to receive electric power from the solar photovoltaic electricity generation systems and configured to generate third meter data defining an amount of electric power received from the electric power grid;
a photovoltaic electricity generation system service provider system configured to receive service requests using telemetry and to schedule maintenance and repair services to the solar photovoltaic electricity generation systems;
and a renewable energy services provider system coupled to the plurality of distributed solar photovoltaic electricity generation systems, the plurality of first institutions, the plurality of second institutions and the photovoltaic electricity generation system service provider system by telemetry, the renewable energy services provider system configured to electronically receive the first meter data, the second meter data, the third meter data and the service data, to allocate an amount of energy corresponding to an amount by which the first meter data exceeds the second meter data towards the third meter data, and to generate the service requests based on the service data and periodic maintenance data.
Claim 1:
A system for managing distributed renewable energy systems comprising: a plurality of distributed solar photovoltaic electricity generation systems coupled to an electric power grid, each solar photovoltaic electricity generation system for generating service data and first meter data defining an amount of energy generated by the solar photovoltaic electricity generation system over a period of time;
a plurality of first institutions directly coupled to one or more of the solar photovoltaic electricity generation systems for receiving electric power from the solar photovoltaic electricity generation systems and for generating second meter data defining an amount of electric power received from the solar photovoltaic electricity generation systems;
a plurality of second institutions coupled to one or more of the solar photovoltaic electricity generation systems through the electric power grid, the second institutions for receiving electric power from the solar photovoltaic electricity generation systems and generating third meter data defining an amount of electric power received from the electric power grid;
a photovoltaic electricity generation system service provider system for receiving service requests and providing maintenance and repair services to the solar photovoltaic electricity generation systems;
and a renewable energy services provider system coupled to the plurality of distributed solar photovoltaic electricity generation systems, the plurality of first institutions, the plurality of second institutions and the photovoltaic electricity generation system service provider system, the renewable energy services provider system for electronically receiving the first meter data, the second meter data, the third meter data and the service data, for allocating an amount of energy corresponding to an amount by which the first meter data exceeds the second meter data towards the third meter data, and for generating the service requests based on the service data and periodic maintenance data.
Claim 2:
a plurality of distributed wind power generation systems coupled to the electric power grid, each wind power generation system configured to generate service data and fourth meter data defining an amount of energy generated by the wind power generation system over a period of time; a wind power generation system service provider system configured to receive service requests by telemetry and to provide maintenance and repair services to the wind power generation systems;
wherein the plurality of first institutions are directly coupled to one or more of the wind power generation systems and are configured to receive electric power from the wind power generation systems and to generate fifth meter data defining an amount of electric power received from the wind power generation systems; and wherein the renewable energy services provider system is coupled by telemetry to the plurality of distributed wind power generation systems and the wind power generation system service provider system, the renewable energy services provider system is configured to electronically receive the fourth meter data, the fifth meter data and the service data generated by the plurality of distributed wind power generation systems using telemetry, to allocate an amount of energy corresponding to an amount by which the fourth meter data exceeds the fifth meter data towards the third meter data, and to generate the service requests based on the service data generated by the plurality of distributed wind power generation systems and periodic wind power generation facility maintenance data.
Claim 16:
a plurality of distributed wind power generation systems coupled to the electric power grid, each wind power generation system for generating service data and fourth meter data defining an amount of energy generated by the wind power generation system over a period of time; a wind power generation system service provider system for receiving service requests and providing maintenance and repair services to the wind power generation systems;
wherein the plurality of first institutions are directly coupled to one or more of the wind power generation systems and are for receiving electric power from the wind power generation systems and for generating fifth meter data defining an amount of electric power received from the wind power generation systems; and wherein the renewable energy services provider system is coupled to the plurality of distributed wind power generation systems and the wind power generation system service provider system, the renewable energy services provider system for electronically receiving the fourth meter data, the fifth meter data and the service data generated by the plurality of distributed wind power generation systems, for allocating an amount of energy corresponding to an amount by which the fourth meter data exceeds the fifth meter data towards the third meter data, and for generating the service requests based on the service data generated by the plurality of distributed wind power generation systems and periodic wind power generation facility maintenance data.
Claim 3:
a plurality of distributed fuel cell power generation systems coupled to the electric power grid, each fuel cell power generation system configured to generate service data and fourth meter data defining an amount of energy generated by the fuel cell power generation system over a period of time; a fuel cell power generation system service provider system configured to receive service requests and to provide maintenance and repair services to the fuel cell power generation systems;
wherein the plurality of first institutions are directly coupled to one or more of the fuel cell power generation systems and are configured to receive electric power from the fuel cell power generation systems and to generate fifth meter data defining an amount of electric power received from the fuel cell power generation systems; and wherein the renewable energy services provider system is coupled to the plurality of distributed fuel cell power generation systems and the fuel cell power generation system service provider system, the renewable energy services provider system configured to electronically receive the fourth meter data, the fifth meter data and the service data generated by the plurality of distributed fuel cell power generation systems, to allocate an amount of energy corresponding to an amount by which the fourth meter data exceeds the fifth meter data towards the third meter data, and to generate the service requests based on the service data generated by the plurality of distributed fuel cell power generation systems and periodic fuel cell power generation facility maintenance data.
Claim 2:
a plurality of distributed fuel cell power generation systems coupled to the electric power grid, each fuel cell power generation system for generating service data and fourth meter data defining an amount of energy generated by the fuel cell power generation system over a period of time; a fuel cell power generation system service provider system for receiving service requests and providing maintenance and repair services to the fuel cell power generation systems;
wherein the plurality of first institutions are directly coupled to one or more of the fuel cell power generation systems and are for receiving electric power from the fuel cell power generation systems and for generating fifth meter data defining an amount of electric power received from the fuel cell power generation systems; and wherein the renewable energy services provider system is coupled to the plurality of distributed fuel cell power generation systems and the fuel cell power generation system service provider system, the renewable energy services provider system for electronically receiving the fourth meter data, the fifth meter data and the service data generated by the plurality of distributed fuel cell power generation systems, for allocating an amount of energy corresponding to an amount by which the fourth meter data exceeds the fifth meter data towards the third meter data, and for generating the service requests based on the service data generated by the plurality of distributed fuel cell power generation systems and periodic fuel cell power generation facility maintenance data.
Claim 4 (13):
comprising an institution account system configured to receive meter data for each of the plurality of institutions and to generate periodic invoices for each institution based on the meter data.
Claim 3:
comprising an institution account system for receiving meter data for each of the plurality of institutions and for generating periodic invoices for each institution based on the meter data.
Claim 5 (14):
comprising an infrastructure finance system configured to receive renewable energy component finance data for each of the plurality of institutions and to generate periodic payment data for each of a plurality of financial institutions based on the renewable energy component finance data.
Claim 4:
comprising an infrastructure finance system for receiving renewable energy component finance data for each of the plurality of institutions and for generating periodic payment data for each of a plurality of financial institutions based on the renewable energy component finance data.
Claim 6 (15):
a service provider management system configured to receive the service data and to select one of a plurality of service providers based on a type of routine maintenance, a type of repair, and a location of a renewable energy component.
Claim 5:
a service provider management system for receiving the service data and for selecting one of a plurality of service providers based on a type of routine maintenance, a type of repair, and a location of a renewable energy component.
The current claims have slight non-patentably distinct differences such as “configured to receive” in the instant application and “receiving” in patent. Also, the instant application uses the term “telemetry” in the claims which does not add any different structure or process different than that of the patent. The definition of telemetry is the process of recording and transmitting the reading of an instrument. One of ordinary skill in the art would realize that is already being done in the claims of the patent with the sending and receiving of various data such as metered data or the requesting data and adding in this word does not change the scope or subject matter in the instant application. Examiner also notes that claims 12-15 are patentable identical to that of 1, 4-6 and therefore are rejected under statutory double patenting as well. The duplicate claims can be seen in paratheses in the above table. As such all claims are rejected under statutory double patenting.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 16-24 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 16, which seems to be identical to claim 1 except for that the second meter data is generated in response to a critical system performance indicator. This is not taught in the original specification and is considered new matter the performance indicator is used 1 time in paragraph 0022 and teaches nothing about generating data in response to said indicator.
Claims 17-24 do not remedy this issue and are rejected for the same reason.
Response to Arguments
Applicant's arguments filed 1-22-26 have been fully considered but they are not persuasive. Applicant argues that the current claims use telemetry. However, in the specification [0004] “telemetry” refers to any digital data system that is configured to receive and transmit data from a first system to a second system that is remote to the first system. Patented claim 1 states each solar photovoltaic electricity generation system for generating service data and first meter data defining an amount of energy generated by the solar photovoltaic electricity generation system over a period of time; a plurality of second institutions coupled to one or more of the solar photovoltaic electricity generation systems through the electric power grid, a plurality of distributed wind power generation systems coupled to the electric power grid, each wind power generation system for generating service data and fourth meter data defining an amount of energy generated by the wind power generation system over a period of time; a wind power generation system service provider system for receiving service requests and providing maintenance and repair services to the wind power generation systems; and a renewable energy services provider system coupled to the plurality of distributed solar photovoltaic electricity generation systems, the plurality of first institutions, the plurality of second institutions and the photovoltaic electricity generation system service provider system, the renewable energy services provider system for electronically receiving the first meter data, the second meter data, the third meter data and the service data, for allocating an amount of energy corresponding to an amount by which the first meter data exceeds the second meter data towards the third meter data, and for generating the service requests based on the service data and periodic maintenance data. This clearly shows that telemetry as defined by the specification is in claims as such it is already included in the patent claims. As to the arguments regarding with the term scheduling the patent claims clearly state “and for generating the service requests based on the service data and periodic maintenance data.” The service requests are for maintenance and this can be considered the start of scheduling. Unless Applicant has reason to believe that the patented claims do not in fact cause maintenance to occur which has not been shown.
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 NATHAN L LAUGHLIN whose telephone number is (571)270-1042. The examiner can normally be reached Monday-Friday 8AM-4PM.
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/NATHAN L LAUGHLIN/Primary Examiner, Art Unit 2119
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