DETAILED ACTION
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 .
Drawings
Applicant has amended the specification to correct the reference numbers at issue. Accordingly, the objection to the drawings has been withdrawn.
Specification
Applicant has amended the specification to correct the reference numbers at issue. Accordingly, the objection to the disclosure has been withdrawn.
Claim Objections
Applicant has amended claims 1 and 15 to correct the identified antecedent basis issues. Accordingly, the objections to claims 1 and 15 have been withdrawn.
Claim Rejections - 35 USC § 112
Applicant has amended claims 3, 4, and 8 to correct the identified antecedent basis issues. Accordingly, the 112 rejections of claims 3, 4, and 8 have been withdrawn.
Claim Rejections - 35 USC § 101
Claim 13 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim does not fall within at least one of the four categories of patent eligible subject matter because claim 13 is directed to a "computer program product" without positively reciting any structural features. "Products that do not have a physical or tangible form, such as a computer program per se (often referred to as "software per se") when claimed as a product without any structural recitations" are not directed to a statutory category. See MPEP § 2106.03.I ("software expressed as code or a set of instructions detached from any medium is an idea without physical embodiment. Thus, a product claim to a software program that does not also contain at least one structural limitation has no physical or tangible form, and [] does not fall within any statutory category."). Here, although claim 13 recites that the “product” is “embodied on a computer usable medium that includes instructions,” a “computer usable medium” can include a transitory medium. Thus, claim 13 is rejected under § 101 as being directed to non-statutory subject matter. See MPEP § 2106.03. Please note that the examiner was not able to find support in the specification for a non-transitory computer readable medium. Accordingly, any response to this this rejection (other than a cancellation of claim 13) should indicate the support in the specification.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1, 9-11, and 13-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent Application Publication No. 2015/0045976 to Sherwin C. Li (hereinafter “Li”).
Regarding claim 1,
An energy management method for a multizone aircraft (see, e.g., par. [0001]; Li discloses “energy management and, in particular, [] advanced energy monitoring and control of an electrical system of a complex system such as an aircraft” (“energy management method for a multizone aircraft.”), the method comprising:
determining a first control signal for a first flexible power device of a plurality of flexible power devices (see, e.g., pars. [0026], [0040], [0044],and [0046], and Figs. 1 and 4; Li discloses a plurality of smart outlets 108 that have loads 110 (outlets with loads correspond to “plurality of flexible power devices”). Each smart outlet 400 (which corresponds to smart outlet 108) can include a socket 402 with a load plugged into the socket (“first flexible power device”). Li discloses that “consumption characteristics may be analyzed at a location remote from the smart outlet 400, and control signals from the remote location may direct control of the supply of power to sockets 402 of the smart outlet … [and that] the remote location may be an ELMS (e.g., ELMS 106) in communication with the smart outlet…” Accordingly, Li discloses the claimed “determining [of] a first control signal ….”);
modulating the first control signal with a first identification signal associated with the first flexible power device to create a modulated first control signal (see, e.g., par. [0046]-[0048] and [0051], and Fig. 4; Li discloses that “smart outlet may therefore also include a communication interface such as a wireless communication interface 414” and that “each smart outlet 400 may be assigned a unique index or other identifier, which may be wirelessly transmitted to the ELMS, such as in a data packet overhead.” Li also discloses that “the smart outlet 400 may include a modulator, demodulator or combined modem 416 to the wireless communication interface 414 [that] … may be configured to modulate information such as consumption characteristics transmitted to the remote location, and demodulate information such as control signals received from the remote location.” Li further discloses a “backend system 500 [that] may include a modulator, demodulator or combined modem 504 coupled to the wireless communication interface 502 [and the] modem may be configured to demodulate consumption characteristics received from the smart outlet, and modulate control signals transmitted from the backend system back to the smart outlet” (“associated with the first flexible power device to create a modulated first control signal”). Thus, Li discloses that each smart outlet 400 (“first flexible power device”) has a unique index (“first identification signal”) and that, to control the smart outlet 400, the backend system 500 modulates the “control signal” to the smart outlet 400. The modulated signal to the smart outlet 400 will include the unique index (“first identification signal”) so that the “control signal” is transmitted to the proper smart outlet.).;
providing the modulated first control signal to the flexible power device of the plurality of flexible power devices (see, e.g., par. [0051], and Figs. 4 and 5; Li discloses a “backend system 500 [that] may include a modulator, demodulator or combined modem 504 coupled to the wireless communication interface 502 [and the] modem may be configured to demodulate consumption characteristics received from the smart outlet, and modulate control signals transmitted from the backend system back to the smart outlet.” Thus, the modulated control signal (“modulated first control signal”) is transmitted (“providing”) to the smart outlet 400 (“first flexible power device”).);
receiving an aggregate power consumption signal of the plurality of flexible power devices from the plurality of flexible power devices (see, e.g., pars. [0052]-[0053], and Figs. 4 and 5; Li discloses that “backend system 500 may be configured to receive consumption characteristics from a plurality of smart outlets … [and that] the backend system may include a data fusion module 506 configured to integrate or otherwise process the consumption characteristics….” The integrated consumption characteristics corresponds to the “aggregate power consumption signal.”); and
determining whether the first identification signal is present in the aggregate power consumption signal to determine if the first flexible power device is operating (see, e.g., pars. [0056] and [0057], and Fig. 5; Li discloses that “the data fusion module 506 may be configured to communicate integrated power consumption characteristics from the smart outlets to an ELMS (e.g., ELMS 106), and based on which the ELMS may be configured to generate appropriate control signals to direct control of the supply of power to the smart outlets (or their sockets).” Li also discloses that “the ELMS 106 may be generally configured to monitor and control aggregate power capacity and consumption of the first and second loads 104, 110, … [which] may include shedding or restoring power to … one or more second loads via their respective smart outlets 108 [e.g., smart outlets 400].” In order to control (shed or restore) power to a smart outlet 108/400, the ELM 106 must first determine the unique index (“first identification signal”) of the smart outlet and also know whether the load that is connected to the smart outlet 108/400 is operating (“determine if the first flexible power device is operating”). Thus, Li discloses the claimed “determining.”).
Regarding claim 9, which depends on claim 1, Li discloses:
providing an instruction to cause the first flexible power device to reduce power consumption in response to the first identification signal being determined to be present in the aggregate power consumption signal (see, e.g., par. [0047]; Li discloses that “if no power flow is detected in the smart outlet, the smart outlet may not wirelessly transmit any data, which may improve computational efficiency of at the ELMS or backend system….” If the smart outlet does not transmit the data, the unique index (“first identification signal”) is also not transmitted. Thus, the ELMs will only control the smart outlet when the ELMS detects the unique index (“first identification signal”), i.e., “in response to the identification signal being determined to be present in the aggregate power consumption signal.”).
Regarding claim 10, which depends on claim 1, Li discloses:
determining a second control signal for a second flexible power device of the plurality of flexible power devices (see, e.g., pars. [0026], [0040], [0044],and [0046], and Figs. 1 and 4; Li discloses a plurality of smart outlets 108 that have loads 110 (outlets with loads correspond to “plurality of flexible power devices”). The smart outlets 400 (which correspond to smart outlet 108) can each include a socket 402 with a load plugged into the socket (“first flexible power device” and “second flexible power device”). Li discloses that “consumption characteristics may be analyzed at a location remote from the smart outlet 400, and control signals from the remote location may direct control of the supply of power to sockets 402 of the smart outlet … [and that] the remote location may be an ELMS (e.g., ELMS 106) in communication with the smart outlet…” Accordingly, Li discloses the claimed “determining [of] a second control signal.”);
modulating the second control signal with a second identification signal associated with the second flexible power device to create a modulated second control signal (see, e.g., par. [0046]-[0048] and [0051] and Fig. 4; Li discloses that “smart outlet may therefore also include a communication interface such as a wireless communication interface 414” and that “each smart outlet 400 may be assigned a unique index or other identifier, which may be wirelessly transmitted to the ELMS, such as in a data packet overhead.” Li discloses that “the smart outlet 400 may include a modulator, demodulator or combined modem 416 to the wireless communication interface 414 [that] … may be configured to modulate information such as consumption characteristics transmitted to the remote location, and demodulate information such as control signals received from the remote location.” Li also discloses a “backend system 500 [that] may include a modulator, demodulator or combined modem 504 coupled to the wireless communication interface 502 [and the] modem may be configured to demodulate consumption characteristics received from the smart outlet, and modulate control signals transmitted from the backend system back to the smart outlet” (“associated with the second flexible power device to create a modulated second control signal”). Thus, Li discloses that the smart outlets 400 (“first flexible device” and “second flexible power device”) each have a unique index (“first identification signal” and “second identification signal”) and that, to control the smart outlets 400, the backend system 500 modulates the “first control signal” and the “second control signal” to the respective smart outlets 400. The modulated signals to the smart outlet 400 will include respective unique indexes (“first identification signal” and “second identification signal”) so that the “first control signal” and “second control signal” are transmitted to the proper smart outlets.);
providing the modulated second control signal to the second flexible power device of the plurality of flexible power devices (see, e.g., par. [0051], and Figs. 4 and 5; Li discloses a “backend system 500 [that] may include a modulator, demodulator or combined modem 504 coupled to the wireless communication interface 502 [and the] modem may be configured to demodulate consumption characteristics received from the smart outlet, and modulate control signals transmitted from the backend system back to the smart outlet.” Thus, the modulated control signal (“modulated control signal”) is transmitted (“providing”) to the smart outlet 400 (“second flexible power device”).); and
determining whether the second identification signal is present in the aggregate power consumption signal to determine if the second flexible power device is operating (see, e.g., pars. [0056] and [0057], and Fig. 5; Li discloses that “the data fusion module 506 may be configured to communicate integrated power consumption characteristics from the smart outlets to an ELMS (e.g., ELMS 106), and based on which the ELMS may be configured to generate appropriate control signals to direct control of the supply of power to the smart outlets (or their sockets).” Li also discloses that “the ELMS 106 may be generally configured to monitor and control aggregate power capacity and consumption of the first and second loads 104, 110, … [which] may include shedding or restoring power to … one or more second loads via their respective smart outlets 108 [e.g., smart outlets 400].” In order to control (shed or restore) power to a smart outlet 108/400, the ELM 106 must first determine the unique indexes (“first identification signal” and “second identification signal”) of the smart outlets and also know whether the load of the smart outlet 108/400 is operating (“determine if the second flexible power device is operating”). Thus, Li discloses claimed “determining.”).
Regarding claim 11, which depends on claim 10, Li discloses:
in which the first control signal and the second control signal are provided and respectively modulated by the first identification signal and the second identification signal simultaneously (see, e.g., pars. [0052]-[0053], and Figs. 4 and 5; Li discloses that “backend system 500 may be configured to receive consumption characteristics from a plurality of smart outlets … [and that] the backend system may include a data fusion module 506 configured to integrate or otherwise process the consumption characteristics….” The integrated consumption characteristics correspond to the “aggregate power consumption signal.” Because the integrated consumption characteristics include the data from more than one smart outlet, the data from the smart outlets is transmitted simultaneously. Thus, the modulations of the control signals by the respective unique indexes are performed simultaneously.).
Regarding claim 13, which depends on claim 1, Li discloses:
A computer program product embodied on a computer usable medium that includes instructions which, when the program is executed by a computer, cause the computer to carry out the method of claim 1 (see, e.g., par. [0074]; Li discloses “program code instructions [that] may be stored in memory [(“computer program product embodied on a computer usable medium that includes instructions”)], and executed by a processor [(“computer”)], to implement functions of the systems, subsystems and their respective elements…”).).
Regarding claim 14, which depends on claim 1, Li discloses:
An energy management system adapted for an aircraft (see, e.g., par. [0001]; Li discloses “energy management and, in particular, [] advanced energy monitoring and control of an electrical system of a complex system such as an aircraft” (“energy management system adapted for an aircraft”).),
the system comprising a processor to perform the method of claim 1 (see, e.g., pars. [0069]-[0070 and [0074]; Li discloses “program code instructions [that] may be stored in memory, and executed by a processor [(“processor”)], to implement functions of the systems, subsystems and their respective elements…”).).
Regarding clam 15, which depends on claim 14, Li discloses:
An aircraft comprising: the energy management system of claim 14 (see, e.g., par. [0001]; Li discloses “energy management and, in particular, [] advanced energy monitoring and control of an electrical system of a complex system such as an aircraft.” (“an aircraft comprising an energy management system.”);
a power source (see, e.g., par. [0032] and Fig. 3; Li discloses “a high-voltage AC bus 214 (e.g., 235 volts) coupled to the power generators.”); and
the plurality of flexible power devices (see, e.g., pars. [0026] and [0040], and Figs. 1 and 4; Li discloses a plurality of smart outlets 108 that have loads 110 (outlets with loads correspond to “plurality of flexible power devices”).
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1, 3-8, 10-15, 17-18, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Application Publication No. 2022/0363105 to Phillippe Aubin (hereinafter “Aubin”) in view of Li.
Regarding claim 1,
An energy management method for a multizone aircraft (See, e.g., Aubin at Abstract; Aubin discloses that the “invention relates to a method for confirming an execution of a command for reducing electrical power consumption” (“energy management method”).), the method comprising:
determining a first control signal for a first flexible power device of a plurality of flexible power devices (see, e.g., Aubin at pars. [0015], [0034]-[0037], [0068]-[0069], and [0090]-[0091] and Fig. 3; Although Aubin is mainly directed to an embodiment in which a same reference signal 305 and a same governing signal 310 are sent to multiple air conditioning systems in respective fleet vehicles (i.e., sub-sets 320, 325 and 330), Aubin also discloses that its invention can be applied to an air conditioning means in one cabin of a vehicle (see, e.g., Aubin at par. [0037]) and that each vehicle can have a separate command signal 315 (see, e.g., Aubin at pars. [0090]-[0091]). To generate and transmit separate command signals 315 to the vehicles, separate reference signals 305 must be used to modulate the respective governing signals 310. Aubin discloses a governing signal 310 for sub-set 320 (“first control signal”) whose value is chosen (“determining”) and, in one embodiment, can be sent to an air conditioning means in a cabin of a vehicle in sub-set 320 (“a first flexible power device”) of a plurality of air conditioning means 105a-f (“a plurality of flexible power devices”) as part of the command signal 315.);
modulating the first control signal with a first identification signal associated with the first flexible power device to create a modulated first control signal (see, e.g., Aubin at pars. [0010], [0017], and [0063]-[0065], and Fig. 3; Aubin discloses that the governing signal 310 for sub-set 320 (“first control signal”) is modulated by a reference signal 305 (“first identification signal”) to form a command signal 315 for sub-set 320 (“associated with the first flexible power device to create a modulated first control signal”).);
providing the modulated first control signal to the flexible power device of the plurality of flexible power devices (see, e.g., Aubin at pars. [0034]-[0037, [0060]-[0062], and [0068], and Fig. 3; Aubin discloses that the command signal 315 for sub-set 320 (“modulated first control signal”), which includes governing signal 310 for sub-set 320 (“first control signal”), is transmitted to the air conditioning means in sub-set 320 (“first flexible power device”) of a plurality of air conditioning means 105a-f (“plurality of flexible power devices”).);
receiving an aggregate power consumption signal of the plurality of flexible power devices from the plurality of flexible power devices (see, e.g., Aubin at pars. [0060]-[0072] and [0077]-[0080], and Fig. 3; Aubin discloses that “signal 350 of total electrical power consumed by the set of vehicles is obtained by summing all the consumed powers 335, 340 and 345 of the sub-sets 320, 325 and 330” and that the total power consumed includes poweraircon (“aggregate power consumption signal”), which is the power consumed by air conditioning means 105a-f); and
determining whether the first identification signal is present in the aggregate power consumption signal to determine if the first flexible power device is operating (see, e.g., Aubin at pars. [0034]-[0037], [0064]-[0085], [0090]-[0091] and Fig. 3; Aubin discloses “obtaining a continuous signal equal to the power 370 consumed by the air conditioning means, greater than a predetermined threshold,” which confirms (“determining”) that the reference signal 305 for sub-set 320 (“first identification signal”) for the air conditioning system is present in the poweraircon (“aggregate power consumption signal”). As discussed above, to generate and transmit separate command signals 315 to the vehicles, separate reference signals 305 must be used to modulate the respective governing signals 310. Accordingly, if the reference signal 305 for sub-set 320 is present in the aggregate power signal, it means that the air conditioning means for sub-set 320 (“first flexible power device”) is operating (“operating”). Therefore, Aubin discloses the claimed “determining.”
An energy management method for a multizone aircraft (Aubin discloses that its invention is directed to a “passenger transport vehicle” (see, e.g., Aubin at par. [0002]), but does not explicitly disclose that the vehicle can be “a multizone aircraft.”. However, in the same field of endeavor, energy management (and thus analogous art), Li discloses that an energy management system can be applied to an aircraft. See, e.g., at par. [0001]. Accordingly, it would have been obvious and one skilled in the art would have been motivated to modify the system in Aubin to monitor aircraft in order to provide “advanced energy monitoring and control of an electrical system of a complex system such as an aircraft.” See, e.g., at par. [0001]. Because both Aubin and Li relate to energy management systems, there would have been a reasonable chance of success. See MPEP § 2143.I.G.
In addition, the recitation “for a multizone aircraft,” is an intended use that is only recited in the preamble without providing any structural limitations. Accordingly, the preamble is not given patentable weight. See MPEP § 2111.02.).
Regarding claim 3, Aubin in view of Li renders obvious:
in which the first identification signal is selected to avoid disrupting an operation of the first flexible power device (see, e.g., par. [0065]; Aubin discloses that the reference signal 305 can be a “sinusoidal signal” with an amplitude that is selected “to be the smallest possible such that the amplitude has no effect on the comfort of the passengers” while still being “sufficiently high for the reference signal to be compatible with the resolution of the system, measurable and identifiable by the system for management of the electricity consumption of the fleet of vehicles;” and a period that is selected “to be greater than the reactivity time of the air conditioning means.” Thus, Aubin disclose that the reference signal 305 for sub-set 320 (“first identification signal”) is chosen to avoid disruption of the air conditioning system for sub-set 320 (“first flexible power device”).).
Regarding claim 4, Aubin in view of Li renders obvious:
in which a frequency of the identification signal is above 1 kHz (see, e.g., par. [0065]; Aubin discloses that “the frequency [of reference signal 305] must be sufficiently high for the integration time for the demodulation of the power consumed by the vehicles at the server not to be too high.” That is, performance of the server for the air conditioning means (“first flexible power device”) is improved by optimizing the reference frequency to be “sufficiently high” so that the integration time at the server is not “too high.” Thus, while the Aubin’s frequency is below the claimed frequency of above 1 kHz, Aubin teaches those skilled in the art that an acceptable frequency for the reference signal 305 (“first identification signal”) will depend on the application and the equipment. Here, one skilled in the art would have been motivated to apply the known “improvement” technique of Aubin to optimize the frequency of the “identification signal” to the “flexible power device” (and achieve the claimed frequency range of “above 1 KHz”) in order to improve the performance of the system for the “flexible power device.” Because Aubin discloses adjusting the frequency of a reference signal to improve performance of the system, the results would have been predictable to a person of ordinary skill in the art and there would have been a reasonable expectation of success to formulate the claimed range through routine optimization. See MPEP §2143.I.A, C.).
Regarding claim 5, Aubin in view of Li renders obvious:
in which the first identification signal has a bandwidth less than 100 Hz. (see, e.g., pars [0065] and [0076], and Fig. 3; Aubin discloses that reference signal 305 (“first identification signal”) has the form “ref_signal =2 sin(α),” which corresponds to a single sinusoidal signal as shown in Fig. 3 of Aubin. That is, Aubin discloses that the reference signal 305 (“first identification signal”) has a bandwidth of one Hz (and less than 100 Hz), which is the frequency α. Thus, Aubin discloses an “identification signal [that] has a bandwidth less than 100 Hz.”). Aubin discloses that using a reference signal with the “component equal to A sin α” allows the system to confirm whether the air conditioning means received the reference signal (and thus the control signal). See Aubin at pars. [0082]-[0084]. That is, Aubin teaches to use a reference signal (“identification signal”) having a single frequency ( and thus a bandwidth of less than 100 Hz) to confirm that the air conditioning means (“flexible power device”) has received the reference signal. Accordingly, based on the teachings of Aubin, it would have been obvious and one skilled in the art would have been motivated to use the known “improvement” technique of applying an “identification signal” having a single frequency (and thus the claimed bandwidth range of less than “100 Hz”) to confirm the “flexible power device” received the “identification signal.” Because Aubin discloses the technique of using a reference signal with a bandwidth less than 100 Hz, the results would have been predictable to a person of ordinary skill in the art and there would have been a reasonable expectation of success to formulate the claimed bandwidth range of “less than 100 Hz.” See MPEP §2143.I.A, C.).
Regarding clam 6, which depends on claim 1, Aubin in view of Li renders obvious:
in which the first identification signal comprises a single frequency (see, e.g., pars [0065] and [0076], and Fig. 3; Aubin discloses that reference signal 305 for sub-set 320 (“first identification signal”) has the form “ref_signal =2 sin(α),” which corresponds to a single sinusoidal signal (see Fig. 3) with a frequency of α. Thus, Aubin discloses an “identification signal [that] comprises a single frequency.”).
Regarding claim 7, which depend on claim 1, Aubin in view of Li renders obvious:
in which an amplitude of the first identification signal is selected such that the control signal remains within a safe operating range of the first flexible power device (see, e.g., par [0015], [0024], [0065], and [0089]; Under a broad but reasonable interpretation, “safe operating range of the flexible power device” is interpreted to include the operating temperature range of the air conditioning means (“first flexible power device”). Aubin discloses selecting “the amplitude of the reference signal [(“first identification signal”)], which is a temperature, to be the smallest possible such that the amplitude has no effect on the comfort of the passengers.” Thus, Aubin discloses a “safe operating range” that is the operating temperature range of the air conditioning means that does not affect passenger comfort. That is, Aubin teaches to select the amplitude of the reference signal (“first identification signal”) such that the air conditioning means (“first flexible power device”) operates within its “safe operating range” to achieve passenger comfort. Accordingly, based on the teachings of Aubin, it would have been obvious and one skilled in the art would have been motivated to use the known “improvement” technique of selecting “an amplitude of the identification signal” such that the “flexible power device” operates within its “safe operating range.” Because Aubin discloses selection of the amplitude of a reference signal based on operating conditions, the results would have been predictable to a person of ordinary skill in the art and there would have been a reasonable expectation of success in selecting the “amplitude of the identification signal … such that the control signal remains within a safe operating range of the flexible power device.” See MPEP §2143.I.A, C.).
Regarding claim 8, which depends on claim 1, Aubin in view of Li renders obvious:
in which the first identification signal has an amplitude which is less than 1% of an amplitude of the first control signal (see, e.g., par [0015], [0024], [0062], [0065], and [0089] and Fig. 3; Aubin discloses that “the amplitude of the reference signal [(“first identification signal”)], which is a temperature, to be the smallest possible such that the amplitude has no effect on the comfort of the passengers.” Aubin further discloses that the range of the “reference signal 305 [(“first identification signal”)] is chosen with an amplitude comprised between [0° C.; 1° C.].” While Aubin does not explicitly teach the amplitude of the governing signal 310 (“first control signal”), Fig. 3 shows that the amplitude of the governing signal 310 can have a non-zero value. Accordingly, a reference signal 305 having an amplitude between 0° C. and 1° C. will include values that are less than 1% of the non-zero amplitude of the governing signal 310 (“first control signal”).). That is, Aubin teaches to select the smallest possible amplitude for the reference signal (“first identification signal”), which includes values that are 1% or less than an amplitude of the governing signal (“control means”), to minimize adverse effects on the air condition means (“first flexible power device”) and thus the comfort of passengers. Accordingly, based on the teachings of Aubin, it would have been obvious and one skilled in the art would have been motivated to use the known “improvement” technique of selecting “an amplitude” for an “identification signal” that is that is as small as possible (“less than 1% of the amplitude of the control signal”) to minimize the adverse effects on the “flexible power device.” Because Aubin discloses selection of the amplitude of a reference signal to be as small as possible, the results would have been predictable to a person of ordinary skill in the art and there would have been a reasonable expectation of success in selecting an “identification signal [that] has an amplitude which is less than 1% of the amplitude of the control signal.” See MPEP §2143.I.A, C.).
Regarding claim 10, which is dependent on claim 1, Aubin in view of Li renders obvious:
determining a second control signal for a second flexible power device of the plurality of flexible power devices (see, e.g., pars. [0090] and [0091]; Aubin discloses that “a governing signal 310 of the variation in electrical power may be determined for each sub-group taking into consideration that load management potential.” That is, a governing signal 310 for each vehicle sub-set 320, 325, and 330 can be separately determined. Fig. 3 shows that each sub-set includes an air conditioning means (“flexible power device”). Thus, Aubin disclose a governing signal 310 for sub-set 320 (“first control signal”) for an air conditioning means in sub-set 320 (“first flexible power device”) that can be separately determined (“determining”) from a governing signal 310 for sub-set 330 (“second control signal”) for an air conditioning means in sub-set 330 (“second flexible power device”).);
modulating the second control signal with a second identification signal associated with the second flexible power device to create a modulated second control signal (see, e.g., pars. [0010], [0017], [0063]-[0065], and [0090]-[0091], and Fig. 3; as discussed above with respect to claim 1, Aubin discloses that the governing signal 310 is modulated by a reference signal 305 to form command signal 315. In addition, Aubin discloses determining separate governing signals 310 (“first control signal” and “second control signal”) depending on the sub-set 320, 325, or 330. To generate and transmit separate command signals 315 to each sub-set, separate reference signals 305 must be used to modulate the respective governing signals 310. Accordingly, under a broad but reasonable interpretation, “first identification signal” is interpreted as the reference signal 305 used to generate the command signal 315 (“modulated control signal”) transmitted to sub-set 320 and “second identification signal” is interpreted as the reference signal 305 that is used to generate (“create”) the command signal 315 (“modulated second control signal”) transmitted to sub-set 330. Therefore, Aubin discloses the claimed “modulating.”);
providing the modulated second control signal to the second flexible power device of the plurality of flexible power devices (see, e.g., pars. [0060]-[0062], [0068], and [0090]-[0091], and Fig. 3; Aubin discloses that the command signal 315 to sub-set 330 (“modulated second control signal”), which includes governing signal 310 for sub-set 330 (“second control signal”), is transmitted to air conditioning means in sub-set 330 (“second flexible power device”).); and
determining whether the second identification signal is present in the aggregate power consumption signal to determine if the second flexible power device is operating (see, e.g., pars. [0064]-[0085] and [0090]-0091] and Fig. 3; Aubin discloses “obtaining a continuous signal equal to the power 370 consumed by the air conditioning means, greater than a predetermined threshold,” which confirms (“determining”) that the reference signal 305 for sub-set 330 (“second identification signal”) is present in the poweraircon (“aggregate power consumption signal”). As discussed above, to generate and transmit separate command signals 315 to the vehicles, separate reference signals 305 must be used to modulate the respective governing signals 310. Accordingly, if the reference signal 305 for sub-set 330 is present in the aggregate power signal, it means that the air conditioning means for sub-set 330 (“second flexible power device”) is on (“operating”). Therefore, Aubin discloses the claimed “determining.”).
Regarding claim 11, which is dependent on claim 10, Aubin in view of Li renders obvious:
in which the first control signal and the second control signal are provided and respectively modulated by the first identification signal and the second identification signal simultaneously (see, e.g., pars. [0060]-[0062], [0068], [0071], and [0090]-[0091], and Fig. 3; As discussed above, each vehicle sub-set 320 and 330 can have separate governing signals 310 (“first control signal” and “second control signal”) which are modulated with the correspond reference signals 305 (“first identification signal” and “second identification signal”) to generate respective command signals 315. Fig. 3 shows that the command signals 315 are transmitted simultaneously to sub-sets 320 and 330 as evidenced by the fact that that the “total electrical power consumed by the set of vehicles [signal 350] is obtained by summing all the consumed powers 335, 340 and 345 of the sub-sets 320, 325 and 330.” Accordingly, to simultaneously transmit the command signals 315 to sub-sets 320 and 330, the respective modulations using reference signals 305 (“first identification signal” and “second identification signal”) must occurs simultaneously.).
Regarding claim 12, which depends on claim 10, Aubin in view of Li renders obvious:
in which the first control signal has a first frequency and the second control signal has a second frequency (see, e.g., [0061]-[0065] and [0090]-[0091], and Fig. 3; Under a broad but reasonable interpretation, “frequency” is interpreted to include non-periodic or aperiodic signals. Aubin discloses the governing signal 310 governs the variation (“frequency”) in the electrical power consumed and is based on temperature variation according to time. Fig. 3 shows a governing signal 310 that has a non-periodic signal (“frequency”). As discussed above, there can be separate governing signals 310 (“first control signal” and “second control signal”) transmitted to the sub-sets 320 and 330. Accordingly, Aubin discloses “a first frequency” corresponding to the governing signal 310 for sub-set 320 and a “second frequency” corresponding to the governing signal 310 for sub-set 330.).
Regarding claim 13, which depends on claim 1, Aubin in view of Li renders obvious:
A computer program product embodied on a computer usable medium that includes instructions (see, e.g., pars. [0094] and [0103], and Fig. 4; Aubin discloses a management device 10 with a non-volatile memory 12 “to comprise a computer program comprising instructions [(“computer program product embodied on a computer usable medium that includes instructions”)] for the implementation of the confirming method.”).
which, when the program is executed by a computer, cause the computer to carry out the method of claim 1 (see, e.g., pars. [0094] and [0103], and Fig. 4; Aubin discloses a management device 10 (“computer”) with a processing unit 11 and volatile memory 13 “for the implementation of a confirming method according to the invention.”).
Regarding claim 14, which depends on claim 1, Aubin in view of Li renders obvious:
An energy management system adapted for an aircraft, the system comprising a processor to perform the method of claim 1 (see, e.g., Aubin at pars. [0094] and [0103], and Fig. 4; and Li at par. [0001]; Aubin discloses a management device 10 with a processing unit 11 and volatile memory 13 “for the implementation of a confirming method according to the invention.” As discussed in claim 1, Li discloses that an energy management system can be adapted for an aircraft.).
Regarding claim 15, which depends on claim 1, Aubin in view of Li renders obvious:
An aircraft comprising: the energy management system of claim 14; a power source; and the plurality of flexible power devices (As discussed in claims 1 and 14, Aubin discloses a plurality of air conditioning means (“plurality of flexible power devices”) and a management device 10, which would include a power source to operate. As discussed in claim 1, Li discloses that an energy management system can be adapted for an aircraft.).
Regarding claim 17, which depends on claim 14, Aubin in view of Li renders obvious:
in which the first identification signal is selected to avoid disrupting an operation of the first flexible power device (see analysis in claim 3).
Regarding claim 18, which depends on claim 14, Aubin in view of Li renders obvious:
in which a frequency of the identification signal is above 1 kHz, or the first identification signal has a bandwidth less than 100 Hz, or the identification signal comprises a single frequency (see analysis in claims 4-6).
Regarding claim 20, which depends on claim 15, Aubin in view of Li renders obvious:
in which a frequency of the identification signal is above 1 kHz, or the first identification signal has a bandwidth less than 100 Hz, or the first identification signal comprises a single frequency (see analysis in claims 4-6).
Claims 2, 16 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Aubin in view of Li as applied to claim 1 above, and further in view of H. Liu and W. Song, "The Fractional Fourier Filtering without Edge Effect," 2019 Prognostics and System Health Management Conference (PHM-Qingdao), Qingdao, China, 2019, pp. 1-6 (“Liu”).
Regarding claim 2, which depends on claim 1, Aubin in view of Li and Liu render obvious:
in which the first identification signal has a frequency (see, e.g., par. [0065] and Fig. 3; Aubin discloses that reference signal 305 (“first identification signal”) is sinusoidal signal having a frequency.), and
determining whether the first identification signal is present in the aggregate power consumption signal (see, e.g., pars. [0064]-[0085] and Fig. 3; Aubin discloses “obtaining a continuous signal equal to the power 370 consumed by the air conditioning means [105a-f], greater than a predetermined threshold,” which confirms (“determining”) that the reference signal 305 (“first identification signal”) was present in the poweraircon (“aggregate power consumption signal”).),
[determining] … comprises performing a Fourier transform on the aggregate power consumption signal (Aubin discloses use of a low pass filter to filter our high frequencies. See Aubin at par. [0081]. Aubin does not disclose the structure of the low pass filter and does not explicitly disclose that the claimed determining “comprises performing a Fourier transform on the aggregate power consumption signal.” However, at the time of the filing of the present Application, one skilled in the art would have been motivated to look for low pass filter structures to use in the system of Aubin. To this end, Liu discloses a filter based on fractional Fourier transform that can be adapted to a low pass filter. See, e.g., Liu at Abstract and p. 3. One skilled in the art would have been motivated to modify the system in Aubin to include the Liu’s fractional Fourier adaptive low pass filter because it provides “a high signal-to-noise ratio before and after the effect of filter.” See Liu at pp. 5-6, CONCLUSION. Because both Aubin and Liu relate to processing of signals, there would have been a reasonable chance of success. See MPEP § 2143.I.G.).
Regarding claim 16, which depends on claim 14, Aubin in view of Li and Liu renders obvious:
in which the first identification signal has a frequency and determining whether the first identification signal is present in the aggregate power consumption signal comprises performing a Fourier transform on the aggregate power consumption signal (see analysis in claim 2 above).
Regarding claim 19, which depends on claim 15, Aubin in view of Li and Liu renders obvious:
in which the first identification signal has a frequency and determining whether the first identification signal is present in the aggregate power consumption signal comprises performing a Fourier transform on the aggregate power consumption signal (see analysis in claim 2 above).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Aubin in view of Li as applied to claim 1 above, and further in view of U.S. Patent Application Publication No. 2014/0214229 to Burke et al. (“Burke”).
Regarding claim 9, Aubin in view of Li and Burke renders obvious:
providing an instruction to cause the first flexible power device to reduce power consumption in response to the first identification signal being determined to be present in the aggregate power consumption signal (Claim 9 is dependent on claim 1 and, as discussed above, Aubin discloses confirming that the reference signal 305 is present in the total power signal (“determining whether the identification signal is present in the aggregate power consumption signal”). However, Aubin does not explicitly disclose what its system does once the reference signal confirmation is performed. In the same field of endeavor as energy management (and thus analogous art), Burke discloses an energy management system in which the home energy management (HEM) systems “are aware of the various products/appliances/loads that are on line and are able to monitor the overall home load [and] [w]ith this information, the HEMs may be configured to control their various respective appliances ….” See Burke at par. [0025]. For example, the HEMs can operate the products to lower the load. See Burke at pars. [0025]-[0026].
It would have been obvious for one skilled in the art to modify the system of Aubin in view of Li to use information regarding which appliances (e.g., air conditioning means) are on-line, as taught in Burke, so as to monitor the overall load of the system and operate the power consumption of the air conditioning means to lower the load. Because Aubin and Burke relate to monitoring appliances, there would have been a reasonable chance of success. See MPEP § 2143.I.G.).
Response to Arguments
Applicant's arguments filed March 30, 2026 have been fully considered but they are not persuasive. Applicant argues “claim 1 now requires that the first identification signal is sent to the plurality of devices as part of a first control signal. Then, the plurality of devices responds and if the first identification signal is present, it can be determined if a first device is on/off (see paragraph [0071]). In contrast, in all of the cited art, the total power used is provided back but there is no ‘embedded signal’ to tell if elements are off or on other than if there is or is not a power usage. Thus, claim 1 is patentable over the prior art.” See March 30 Response at p. 8.
Claim 1, as recited, requires, inter alia, “providing the modulated first control signal [which includes the “first identification signal”] to the flexible power device of the plurality of flexible power devices and determining” and “determining whether the first identification signal is present in the aggregate power consumption signal to determine if the first flexible power device is operating.” There is no requirement that “the first identification signal is sent to the plurality of devices” as argued. There is also no requirement that “the plurality of devices respond[]” as argued. Finally, there is no requirement of determining “on/off” – just whether the flexible power device is “operating.”
With respect to Applicant’s argument that “in all of the cited art, the total power used is provided back but there is no ‘embedded signal’ to tell if elements are off or on other than if there is or is not a power usage.” The examiner respectfully disagrees. As discussed above, both Aubin and Li disclose the claimed “determining.” Aubin discloses determining whether the reference signal 305 is in the poweraircon, which indicates whether the air conditioning means is operating (see analysis in claim 1 above). Li discloses shedding or restoring power to one or more loads via smart outlets. See Li at pars. [0056]-[0057]. Accordingly, Li also discloses the claimed “determining” (see analysis in claim 1 above).
With respect to claim 10, Applicant argues “reference is made to claim 10 where a second signal is also utilized. This can allow for determining whether individual units in a sector are operating, not just the total power used. This allows for more fine tuning of power usage.” See March 30 Response at p. 9. This argument is not persuasive because it is directed to an intended use of the claimed apparatus and not to how the recited features allegedly distinguish over the cited prior art. See MPEP § 2111.02. However, as discussed above, both Aubin and Li disclose the features recited in claim 10.
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.
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/B.K./Examiner, Art Unit 2116
/KENNETH M LO/Supervisory Patent Examiner, Art Unit 2116
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