DETAILED ACTION
The following is a first office action upon examination of application number 18/420693. Claims 1-14 are pending in the application and have been examined on the merits discussed below.
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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 10-11 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 10 recites determined if a change in targeted appliance usage can be accomplished without substantially modifying the user's lifestyle. This claim is indefinite because one of ordinary skill in the art would not be able to ascertain what would constitute a "substantially modification" to the user’s lifestyle. Dependent claim 11 inherits deficiencies from its parent claim and is rejected based on the same rationale. Appropriate correction/clarification is required.
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 1-14 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
(Step 1 - Yes) Claims 1-13 are directed to a method; thus these claims are directed to a process, which is one of the statutory categories of invention.
(Step 1 – No) Claim 14 is directed to a system that does not set forth any structural components; thus, the system claim of 14 is deemed to be directed purely towards a software program. A software program not embodied on computer-readable or computer-executable medium is software per se. Software does not fall into one of the four statutory classes of processes, machines, articles of manufacture, and compositions of matter.
(Step 2A) The claims recite an abstract idea instructing how to evaluate likelihood of users to perform actions to alter peak load demand, which is described by claim limitations reciting:
receiving inputs from a utility identifying targeted homes or users from whom the utility desires to reduce energy consumption during specific times;
receiving inputs resulting from a disaggregation algorithm being applied to energy usage data of a customer;
determining a targeted set appliances and of associated homes or users, from whom changes in energy usage are desired;
determining usage patterns of the targeted set of appliances;
determining, using a flag array computation, users and appliances for whom modification of behavior or energy usage may contribute to altering peak load demand; and
generating a probability score of the associated users based at least in part on:
the amount of energy each associated user may contribute to altering peak load demand; and
the likelihood of the user performing an action suggested to alter peak load demand.
The identified limitations in the claims describing evaluating likelihood of users to perform actions to alter peak load demand (i.e., the abstract idea) fall within the “Certain Methods of Organizing Human Activity” grouping of abstract ideas, which covers fundamental economic practices and managing personal behavior or, alternatively, the “Mental Processes” grouping of abstract ideas since the identified limitations can be performed by a human, mentally or with pen and paper. Dependent claims 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 13, recite limitations that further narrow the abstract idea (i.e., evaluating likelihood of users to perform actions to alter peak load demand); therefore, these claims are also found to recite an abstract idea.
This judicial exception is not integrated into a practical application because additional elements such as the system in claim 14, do not add a meaningful limitation to the abstract idea since these elements are only broadly applied to the abstract ideas at a high level of generality; thus, none of recited hardware offers a meaningful limitation beyond generally linking the abstract idea to a particular technological environment, in this case, implementation via a computer. Accordingly, these additional element do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea.
(Step 2B) The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because 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 component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. In addition, when taken as an ordered combination, the ordered combination adds nothing that is not already present as when the elements are taken individually. There is no indication that the combination of elements improves the functioning of a computer or improves any other technology.
Claim Rejections - 35 USC § 103
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.
Claim(s) 1, 2, 4, 6, 7, and 9-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2018/0204293 (Bazhinov); in view of US 2007/0174843 (Furusho).
As per claim 12, Bazhinov teaches: a method of providing a demand-side energy framework to assist a utility in altering peak load demand, the method comprising: receiving inputs from a utility identifying targeted homes or users from whom the utility desires to reduce energy consumption during specific times; ([0122] When a utility company experiences or expects a peak load, such utility company may input an aggregated bid calling for a specific load reduction. Such bid may contain specific values such as: [0123] overall amount of load reduction sought; [0124] aggregated load level expected; [0125] determination of specific geography where the load reduction is required; [0126] specific parts, regions, sections or branches of utility grid where load reduction is required; [0127] specific time periods when load reduction is required)
receiving inputs resulting from a disaggregation algorithm being applied to energy usage data of a customer; ([0034] … ability to obtain measurements of energy consumption on a circuit or groups of circuits in a circuit breaker panel, individual device, appliance, outlet or groups of devices, appliances, and/or outlets at a customer's premises. [0058] … energy consumption measurement and control on full premises, one or more circuits, one or more outlets, and/or one or more energy consuming loads. [0099] Once a customer is registered, the software may proceed to identify and record a list of circuits, devices, appliances, loads, and/or outlets existing in a customer's premises. Such circuits, devices, loads, appliances, and/or outlets may be considered by the software as potential targets for DR calls/contacts. The software may analyze previous consumption history and assign each identified load (such as a circuit, device, appliance, or outlet) with a number of characteristics)
determining a targeted set appliances and of associated homes or users, from whom changes in energy usage are desired; ([0028] … utility companies to offer retail consumers the ability to reduce or increase energy consumption by specific devices, appliances, outlets, and circuits or groups of devices, appliances)
determining usage patterns of the targeted set of appliances; ([0099] Once a customer is registered, the software may proceed to identify and record a list of circuits, devices, appliances, loads, and/or outlets existing in a customer's premises. Such circuits, devices, loads, appliances, and/or outlets may be considered by the software as potential targets for DR calls/contacts. The software may analyze previous consumption history and assign each identified load (such as a circuit, device, appliance, or outlet) with a number of characteristics … characteristics may include: [0100] Energy consumption parameters such as watts, volts, and amps; [0101] Patterns describing load usage and energy consumption; [0102] Frequency of load usage; [0103] Typical time periods of consumption; [0104] Typical days of consumption; [0105] Seasonal effect on consumption; and/or [0106] Other parameters)
determining … users and appliances for whom modification of behavior or energy usage may contribute to altering peak load demand; and ([0134] The software determines what circuits; devices, loads, appliances, outlets or groups of circuits, devices, loads, appliances, outlets for an individual customer may represent the loads that customers are likely to agree to turn on or off [0207] … the software identifies that a user is likely to use such circuits, devices, loads, appliances, or outlets during peak periods, it may create or update a list of suggested alterations [0651] … software identifies potential energy consumers that are eligible for the DR bid (Step 1003). Such an identification process may involve filtering a consumer database or multiple databases to identify those consumers that match required parameters of the DR bid, such as geography, connection to a specific grid branch or circuit, and other parameters)
generating a probability score of the associated users based at least in part on: the amount of energy each associated user may contribute to altering peak load demand; and the likelihood of the user performing an action suggested to alter peak load demand. ([0098] In one aspect, the software may assign probabilities for a customer to actively participate in DR calls/contacts [0141] …calculation may incorporate allowances for probabilities of user response success. The combination of loads is created in a way that it targets to prioritize loads under certain parameters such as: [0142] Loads with larger size over loads with smaller size; [0143] Loads that consumers are more likely to agree to turn on or off in case they receive a bid notification; [0144] Past history of loads that consumers agreed to turn on or off…[0147] … account the probability that the consumer is likely to agree to turn off or decrease power supply to a load(s) [0272] … classification may be based on: [0273] load size; [0274] user consumption patterns; [0275] pre-created database of loads that are most likely to react based on load name, location, size or other parameters; [0276] past history of bids that user agreed to accept or reject (likelihood of bid success)).
Although not explicitly taught by Bazhinov, Furusho teaches: determining, using a flag array computation… ([0039] flag array setup means that generates, with respect to an entry to be searched for, a flag array of the same size as the value list of the entry, and provides a specific value in a flag array corresponding to an entry value that meets a search condition [0137] … PMM creates a flag array of the same size as the value list VL with respect to an entry as a subject of search (step 1901). Next, the values in the flag array are set up in accordance with matching conditions (step 1902). In this setup, "1" is set as a value in the flag array corresponding to an entry value that meets the search condition, and "0" is set as the other values in the flag array. [0138] … In this example, with respect to the entry "age", records of "20 years old or older and 24 years old or younger" are searched. Therefore, in each PMM, the values in the flag array corresponding to the entry value of 20 or larger and 24 or smaller are "1").
One of ordinary skill in the art would have recognized that applying the teachings of Furusho to the system of Bazhinov would have yielded predictable results and doing so would have been recognized by those of ordinary skill in the art as resulting in an improved system that would allow for the use of a flag array.
As per claim 13, Bazhinov teaches: communicating with a user with a suggestion to modify behavior to reduce energy consumption and associated peak load demand from the utility ([0015] … consumer of the energy provided by, for example, a utility company, is incentivized to turn off or have turned off one or more circuit, device, load, appliance, and/or outlet on a premises during peak demand time periods [0146] … . Each user may receive a single bid, multiple bids, or a combined bid grouping several circuits, devices, loads, appliances, or outlets. Such bids may include specific instructions and suggestions for users to commit to a specific consumption behavior on identified circuits, devices, loads, appliances, or outlets. The bid may contain a proposal for a monetary or other benefit that a user may receive in case the user agrees to accept the bid. A bid may be sent to a user in one or several forms including a text message, a phone call, an email, a bid through an app installed on a user's phone, tablet, or computer, a bid on a user's online portal, or other form of a bid).
As per claim 14, this claim recites limitations substantially similar to those addressed by the rejection of claim 12, above; therefore, the same rejection applies.
As per claim 1, this claim recites limitations substantially similar to those addressed by the rejection of claim 12, above; therefore, the same rejection applies.
As per claim 2, this claim recites limitations substantially similar to those addressed by the rejection of claim 12, above; therefore, the same rejection applies.
As per claim 4, Bazhinov teaches: wherein the inputs from the utility comprise target homes or users determined by the utility to: reduce consumption during specific hours of a day; reduce consumption on certain days of a month; reduce a given amount of energy usage; or ensure that total consumption for the target home does not exceed a specific limit ([0122] When a utility company experiences or expects a peak load, such utility company may input an aggregated bid calling for a specific load reduction. Such bid may contain specific values such as: [0123] overall amount of load reduction sought; [0124] aggregated load level expected; [0125] determination of specific geography where the load reduction is required; [0126] specific parts, regions, sections or branches of utility grid where load reduction is required; [0127] specific time periods when load reduction is required).
As per claim 6, Bazhinov teaches: wherein the usage patterns of the targeted set of appliances is determined based at least in part on disaggregating previous energy usage data from the homes with which the targeted set of appliances are associated ([0034] … ability to obtain measurements of energy consumption on a circuit or groups of circuits in a circuit breaker panel, individual device, appliance, outlet or groups of devices, appliances, and/or outlets at a customer's premises. [0058] … energy consumption measurement and control on full premises, one or more circuits, one or more outlets, and/or one or more energy consuming loads. [0099] Once a customer is registered, the software may proceed to identify and record a list of circuits, devices, appliances, loads, and/or outlets existing in a customer's premises. Such circuits, devices, loads, appliances, and/or outlets may be considered by the software as potential targets for DR calls/contacts. The software may analyze previous consumption history and assign each identified load (such as a circuit, device, appliance, or outlet) with a number of characteristics … characteristics may include: [0100] Energy consumption parameters such as watts, volts, and amps; [0101] Patterns describing load usage and energy consumption; [0102] Frequency of load usage; [0103] Typical time periods of consumption; [0104] Typical days of consumption; [0105] Seasonal effect on consumption; and/or [0106] Other parameters)
As per claim 7, Bazhinov teaches: wherein the usage patterns of the targeted set of appliances is further determined based at least in part on: time of use; total consumption in peak hours; frequency of usage of the targeted appliance; occupancy hours of the home; and/or sleeping time of users within the home ([0101] Patterns describing load usage and energy consumption; [0102] Frequency of load usage; [0103] Typical time periods of consumption [0522] … An analysis may be based on certain data such as: [0529] time of the day consumption patterns; [0530] patterns repeating across certain days including comparison of business days vs. weekends; [0531] seasonality factors including summer/winter patterns and others; [0532] day and time of consumption; [0533] length and frequency of consumption; [0534] watts/amps drawn over the consumption period as well as specific peaks; [0535] specific settings on certain devices including thermostat settings [0455] …during winter months, the software may suggest to a user to turn off or turn down a premise's heat during evening hours when a consumer is sleeping or during the day when consumers are away from the premises).
As per claim 9, Bazhinov teaches: determining users and appliances is performed using a … computation, which determines utility peak hours and start times for targeted appliance usage for appliances whose usage overlaps with the utility peak hours ([0134] The software determines what circuits; devices, loads, appliances, outlets or groups of circuits, devices, loads, appliances, outlets for an individual customer may represent the loads that customers are likely to agree to turn on or off [0207] … the software identifies that a user is likely to use such circuits, devices, loads, appliances, or outlets during peak periods, it may create or update a list of suggested alterations [0651] … software identifies potential energy consumers that are eligible for the DR bid (Step 1003). Such an identification process may involve filtering a consumer database or multiple databases to identify those consumers that match required parameters of the DR bid, such as geography, connection to a specific grid branch or circuit, and other parameters ([0122] When a utility company experiences or expects a peak load, such utility company may input an aggregated bid calling for a specific load reduction. Such bid may contain specific values such as: [0123] overall amount of load reduction sought … [0127] specific time periods when load reduction is required).
Although not explicitly taught by Bazhinov, Furusho teaches: wherein determining … using a flag array computation ([0039] flag array setup means that generates, with respect to an entry to be searched for, a flag array of the same size as the value list of the entry, and provides a specific value in a flag array corresponding to an entry value that meets a search condition [0137] … PMM creates a flag array of the same size as the value list VL with respect to an entry as a subject of search (step 1901). Next, the values in the flag array are set up in accordance with matching conditions (step 1902). In this setup, "1" is set as a value in the flag array corresponding to an entry value that meets the search condition, and "0" is set as the other values in the flag array. [0138] … In this example, with respect to the entry "age", records of "20 years old or older and 24 years old or younger" are searched. Therefore, in each PMM, the values in the flag array corresponding to the entry value of 20 or larger and 24 or smaller are "1").
One of ordinary skill in the art would have recognized that applying the teachings of Furusho to the system of Bazhinov would have yielded predictable results and doing so would have been recognized by those of ordinary skill in the art as resulting in an improved system that would allow for the use of a flag array.
As per claim 10, Bazhinov teaches: wherein it is further determined if a change in targeted appliance usage can be accomplished without substantially modifying the user's lifestyle ([0455] …suggest to a user to turn off or turn down a premise's heat during evening hours when a consumer is sleeping or during the day when consumers are away from the premises. [0457] …user may receive a notification on a cell phone from the device and software taught herein informing the user that because it is during the day when the user is typically not on the premises (based on, for example, input from the user or the software noticing patterns of very little electricity typically being used generally at this time (e.g., all the lights in the home are usually off)) the user will save electricity by turning off or adjusting the heat).
As per claim 11, Bazhinov teaches: wherein the user's lifestyle is categorized by an available band of hours for appliance shifting, temperature patterns, and/or occupancy times ([0455] …suggest to a user to turn off or turn down a premise's heat during evening hours when a consumer is sleeping or during the day when consumers are away from the premises. [0457] …a user may receive a notification on a cell phone from the device and software taught herein informing the user that because it is during the day when the user is typically not on the premises (based on, for example, input from the user or the software noticing patterns of very little electricity typically being used generally at this time (e.g., all the lights in the home are usually off)) the user will save electricity by turning off or adjusting the heat).
Claim(s) 3 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2018/0204293 (Bazhinov); in view of US 2007/0174843 (Furusho); in view of US 2015/0142695 (He).
As per claim 3, although not explicitly taught by Bazhinov, He teaches: wherein the disaggregation algorithm utilizes training data
from a database ([0006] …disaggregation of a whole-house energy usage waveform, based at least in part on the whole-house energy usage profile, training data [0038] Models may also be trained utilizing library data. Trained data in the library may comprise bundles identified by human labeling or individual channel of data monitoring on one appliance. [0044] System Generated Eligible Training. In order to increase the accuracy and coverage of a classification model, a large scale library of appliance training data may be automatically built.)
It would have been obvious, before the effective filing date of the claimed invention, for one of ordinary skill in the art to have modified the teachings of Bazhinov with the aforementioned teachings of He with the motivation of increasing accuracy of a classification model (He [0044]). Further, one of ordinary skill in the art would have recognized that applying the teachings of He to the system of Bazhinov would have yielded predictable results and doing so would have been recognized by those of ordinary skill in the art as resulting in an improved system that would allow for training of a disaggregation model.
As per claim 8 although not explicitly taught by Bazhinov, He teaches: wherein the disaggregation algorithm outputs usage behavior for appliances or groups of appliances, comprising water heaters, pool pumps, electric vehicles and chargers, heating appliances, and/or cooling appliances ([0042] …Multiple appliances may be identified as separate, and may be labeled during bundling. For example an oven and an air conditioner, or a clothes dryer and a water heater. [0076] Real Time Appliance Disaggregation. The ability to identify appliances in real time (or substantially real-time) is beneficial for a number of reasons. In addition to providing immediate validation of training data, such results allow for real time (or substantially real-time) consumer intervention. For example, if a user has just started running an appliance during a period of time with higher energy costs (i.e., peak pricing), a real time notification may be sent to the user informing the user of this fact and suggesting that if the appliance was instead run during off-peak hours, a specified amount of money may be saved. [0080] … disaggregated appliance data (indicating the cost of running specific appliances such as a pool pump, clothes dryer, heating, refrigeration, etc.)).
It would have been obvious, before the effective filing date of the claimed invention, for one of ordinary skill in the art to have modified the teachings of Bazhinov with the aforementioned teachings of He with the motivation of identifying specific appliance consumption (He [0076]). Further, one of ordinary skill in the art would have recognized that applying the teachings of He to the system of Bazhinov would have yielded predictable results and doing so would have been recognized by those of ordinary skill in the art as resulting in an improved system that would allow for the use of a disaggregation algorithm.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2018/0204293 (Bazhinov); in view of US 2007/0174843 (Furusho); in view of US 2021/0365966 (Shen).
As per claim 5, although not explicitly taught by Bazhinov, Shen teaches: wherein an objective function is formulated based on utility requirements ([0031] The objective function is constructed to minimize the variance, peak-valley difference, maximum and maximum variation rate of residual loads, and maximize the minimum of residual loads to ensure peak-shaving demands of different loads.)
One of ordinary skill in the art would have recognized that applying the teachings of Shen to the system of Bazhinov would have yielded predictable results and doing so would have been recognized by those of ordinary skill in the art as resulting in an improved system that would allow for the formulation of an objective function.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALAN TORRICO-LOPEZ whose telephone number is (571)272-3247. The examiner can normally be reached M-F 10AM-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, Beth Boswell can be reached at (571)272-6737. 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.
/ALAN TORRICO-LOPEZ/Primary Examiner, Art Unit 3625