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 .
Claims 1-19 are pending.
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 1-19 provisionally rejected under 35 U.S.C. 101 as claiming the same invention as that of claim 1-19 of copending Application No. 18496867 (reference application). This is a provisional statutory double patenting rejection since the claims directed to the same invention have not in fact been patented.
Instant Application 18496868
Co pending application 18496867
1.A method of regulating power consumption on an electric power grid, said method comprising: connecting a peaker load bank to an electric power grid having a primary power source and one or more renewable power sources for providing power to said electric power grid, wherein said peaker load bank includes one or more blockchain miners operating to mine a cryptocurrency; connecting a central control unit to said one or more blockchain miners within said peaker load bank, wherein said central control unit receives power consumption messages from said primary power source on predetermined time intervals; after the receipt of a power consumption messages, determining whether or not said power consumption message indicates generated power exceeds power demand within said electric power grid; and in response to a determination that said power consumption message indicates generated power exceeds power demand within said electric power grid, sending a first signal from said central control unit to said one or more blockchain miners to increase the speed of mining in order to consume said excess generated power.
1. A method of regulating power consumption on an electric power grid, said method comprising: connecting a peaker load bank to an electric power grid having a primary power source and one or more renewable power sources for providing power to said electric power grid, wherein said peaker load bank includes one or more blockchain miners operating to mine a cryptocurrency; connecting a central control unit to said one or more blockchain miners within said peaker load bank, wherein said central control unit receives power consumption messages from said primary power source on predetermined time intervals; after the receipt of a power consumption messages, determining whether or not said power consumption message indicates generated power exceeds power demand within said electric power grid; and in response to a determination that said power consumption message indicates generated power exceeds power demand within said electric power grid, sending a first signal from said central control unit to said one or more blockchain miners to increase the speed of mining in order to consume said excess generated power.
11. An electric power grid, comprising: a primary power source and one or more renewable power sources for providing electric power to said electric power grid; a peaker load bank having one or more blockchain miners operate to mine a cryptocurrency; and a central control unit, connected to said one or more blockchain miners, for determining, after the receipt of a power consumption message from said primary power source, whether or not said power consumption message indicates said electric power grid is receiving excess power; and sending a first signal to said one or more blockchain miners to increase the speed of mining in order to absorb said excess power, in response to a determination that said power consumption message indicates said electric power grid is receiving excess power.
11. An electric power grid, comprising: a primary power source and one or more renewable power sources for providing electric power to said electric power grid; a peaker load bank having one or more blockchain miners operate to mine a cryptocurrency; and a central control unit, connected to said one or more blockchain miners, for determining, after the receipt of a power consumption message from said primary power source, whether or not said power consumption message indicates said electric power grid is receiving excess power; and sending a first signal to said one or more blockchain miners to increase the speed of mining in order to absorb said excess power, in response to a determination that said power consumption message indicates said electric power grid is receiving excess power.
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 1-19 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. Regarding claims 1, 8, 11, and 16, claims 1 and 11 recite “said central control unit receives power consumption messages from said primary power source’ and “said power consumption message includes a timestamp and power demand information’; and claims 11 and 16 recite “after the receipt of a power consumption message from said primary power source” and “said power consumption message includes a timestamp and power demand information” respectively. The written description (Specification) recites similar to the claim limitations [0009] [0027] [0028] [0030]. Power sources are for generate power, not consuming power. The disclosure does not clearly disclose how the power source know how much power consumption from the blockchain miner in order to send the information to the control unit.
Regarding claims 2-7, 9-10, 12-15, and 17-19, the claims are rejected due to the rejections of claims 1, 8, 11, and 16 above.
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 1, 8, 11 and 16 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.
Regarding claims 1, 8, 11, and 16, claims 1 and 11 recite “said central control unit receives power consumption messages from said primary power source” and “said power consumption message includes a timestamp and power demand information’; and claims 11 and 16 recite “after the receipt of a power consumption message from said primary power source” and “said power consumption message includes a timestamp and power demand information” respectively. It is unclear how the power source knows how much power consumption from the blockchain miner in order to send the information to the control unit. For examination purpose, the limitation will be construed base on the best understood.
Regarding claims 2-7, 9-10, 12-15, and 17-19, the claims are rejected due to the rejections of claims 1, 8, 11, and 16 above.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-7, 9-15, and 17-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by McNamara et al. USPGPUB 20200136388(hereinafter “McNamara”).
As to claim 1, McNamara teaches a method of regulating power consumption on an electric power grid (Figs. 1-9), said method comprising: connecting a peaker load bank (Fig. 6, 200) to an" electric power grid (Fig. 6, 200) having a primary power source (Fig. 6 to Fig. 9) and one or more renewable power sources (Fig. 6, 610) (Fig. 7, 710) for providing power to said electric power grid [0077], wherein said peaker load bank includes one or more blockchain miners operating to mine a cryptocurrency [0036]; connecting a central control unit (Fig. 6 and Fig. 10, 220) to said one or more blockchain miners (Fig. 10, 100) [0036] within said peaker load bank (Fig. 6 and Fig. 10, 200), wherein said central control unit receives power consumption messages from said primary power source ([0096] “monitor behind-the-meter power availability”) on predetermined time intervals ([0069] “when a datacenter ramp-up condition is met” and [0100] “datacenter ramp-down condition may be met when there is insufficient behind- the-meter power availability or anticipated to be insufficient behind-the-meter power availability” and “so that it may dynamically power the flexible datacenter (200 of FIG. 2) when conditions change” are indications power information receives on predetermined time interval); after the receipt of a power consumption messages, determining whether or not said power consumption message indicates generated power exceeds power demand within said electric power grid ([0069] “when a datacenter ramp-up condition is met” and [0100] “datacenter ramp-down condition may be met when there is insufficient behind- the-meter power availability or anticipated to be insufficient behind-the-meter power availability”); and in response to a determination that said power consumption message indicates generated power exceeds power demand within said electric power grid, sending a first signal from said central control unit to said one or more blockchain miners to increase the speed of mining in order to consume said excess generated power [0069] [0100].
As to claim 2, McNamara teaches wherein said method further includes in response to a determination that said power consumption message indicates power demand exceeds generated power within said electric power grid, sending a second signal from said central control unit to said one or more blockchain miners to decrease the speed of mining in order to reduce power demand [0100] [0101].
As to claim 3, McNamara teaches wherein said primary power source is a thermal power plant (Fig. 8, 810).
As to claim 4, McNamara teaches wherein said renewable power source is one or more wind turbines (Fig. 6, 610).
As to claim 5, McNamara teaches wherein said renewable power source is one or more solar panels (Fig. 7, 710).
As to claim 6, McNamara teaches wherein said mining speed increase results in a higher power consumption by said one or more blockchain miners from said electric power grid [0036] [0079] [0100).
As to claim 7, McNamara teaches wherein said mining speed decrease results in a lower power consumption by said one or more blockchain miners from said electric power grid [0100].
As to claim 9, McNamara teaches wherein said mining speed of said blockchain miners is modulated by changing their hash rate ([0036] [0101] Hash rate is a computational power of blockchain).
As to claim 10, McNamara teaches wherein said power consumption message is sent via the Internet or wirelessly [0114].
As to claim 11, McNamara teaches an electric power grid (Fig. 6), comprising: a primary power source (Fig. 6 to Fig. 9) and one or more renewable power sources (Fig. 6, 610) (Fig. 7, 710) for providing electric power to said electric power grid [0077]; a peaker load bank (Fig. 6 and Fig. 10, 200) having one or more blockchain miners (Fig. 10, 100) [0036] operate to mine a cryptocurrency [0036]; and a central control unit (Fig. 6 and Fig. 10, 220), connected to said one or more blockchain miners (Fig. 10, 100) [0036], for determining, after the receipt of a power consumption message from said primary power source ([0096] “monitor behind-the-meter power availability’), whether or not said power consumption message indicates said electric power grid is receiving excess power ([0069] “when a datacenter ramp-up condition is met” and [0100] “datacenter ramp-down condition may be met when there is insufficient behind-the-meter power availability or anticipated to be insufficient behind-the-meter power availability”); and sending a first signal to said one or more blockchain miners to increase the speed of mining in order to absorb said excess power, in response to a
determination that said power consumption message indicates said electric power grid is receiving excess power [0069] [0100].
As to claim 12, McNamara teaches wherein said central control unit sends a second signal to said one or more blockchain miners to decrease the speed of mining in order to reduce excess demand, in response to a determination that said power consumption message indicates said electric power grid is not receiving excess power [0100] [0101].
As to claim 13, McNamara teaches wherein said primary power source is a thermal power plant (Fig. 8, 810).
As to claim 14, McNamara teaches wherein said renewable power source is one or more wind turbines (Fig. 6, 610).
As to claim 15, McNamara teaches wherein said renewable power source is one or more solar panels (Fig. 7, 710).
As to claim 17, McNamara teaches wherein said mining speed of said blockchain miners is modulated by changing their hash rate ([0036] [0101] Hash rate is a computational power of blockchain).
As to claim 18, McNamara teaches wherein said power consumption message is sent via the Internet [0114].
As to claim 19, McNamara teaches wherein said power consumption message is sent wirelessly [0114].
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 8 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over McNamara et al. USPGPUB 20200136388(hereinafter “McNamara”) in view of Divan et al. USPGPUB 20150236508(hereinafter “Divan”).
As to claims 8 and 16, McNamara discloses the method and the electric power grid of Claims 8 and 16 above, McNamara also discloses said power consumption message includes power demand information [0036] [0079] [0100]. McNamara does not disclose said power consumption message includes a timestamp. Divan discloses a network voltage control of a power grid system comprising communication among module for sending power information including timestamp information [0164]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified McNamara to incorporate the teaching of Divan including timestamp information in the communication message. Doing so would allow system performing tasks, scheduling and debugging purposes.
It is noted that any citations to specific, pages, columns, lines, or figures in the prior art references and any interpretation of the reference should not be considered to be limiting in any way. A reference is relevant for all it contains and may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art. See MPEP 2123.
Conclusion
The prior art made of record and listed on the attached PTO Form 892 but not relied upon is considered pertinent to applicant's disclosure.
Ley et al USPGPUB 2022/0200276 an exemplary power system includes a DC power bus and a photovoltaic system connected to the DC power bus. An energy storage system is connected to the DC power bus and stores energy injected to the DC power bus by the photovoltaic system. A power inverter is connected to the DC power bus and converts power between the DC power bus and an AC connected load. The power system also includes a control system that receives power system data from one or more sub-systems and devices connected to the DC power bus, and controls, in real-time, one or more of the power inverter and the energy storage system to act as a load on the DC power bus based on the received power system data.
MCNAMARA et al. USPGPUB 20230121669 teaches a system includes a flexible datacenter and a power generation unit that generates power on an intermittent basis. The flexible datacenter is coupled to both the power generation unit and grid power through a local station. By various methods, a control system may detect a transition of the power generation unit into a stand-down mode and selectively direct grid power delivery to always-on systems in the flexible datacenter.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZIAUL KARIM whose telephone number is (571)270-3279. The examiner can normally be reached on Monday-Thursday 8:00-4:00 PM EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mohammad Ali can be reached on 571 272 4105. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ZIAUL KARIM/Primary Examiner, Art Unit 2119
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