DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim(s) 18-37 is/are pending.
Claim(s) 1-17 is/are cancelled.
Claim(s) 18 and 31 is/are independent.
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 120 is acknowledged. The prior-filed application is U.S. Application No. 17/200,175 (filed on 3/12/2021); which in turn is a continuation of 15/264,414 (filed on 9/13/2016); which in turn claims benefit under 35 U.S.C. 119(e) of U.S. Provisional Application No. 62/221,376 (filed on 9/21/2015).
Information Disclosure Statement
The references cited in the information disclosure statement(s) (IDS) submitted on 10/31/2023 have been considered by the examiner.
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.
Claim(s) 18-37 is/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 pre-AIA the applicant regards as the invention.
More specifically,
Claim(s) 18 and 31 recite(s) the term “narrower peaks”. This term seems to be vague or unclear or incomplete and its meaning or metes and bounds is not understandable. This is because it is unclear how the term “narrower” is bound. For examining purposes, the term is being interpreted as any peak whose base width is smaller compared to the single peak by any amount. Applicant may amend the claim by further clarifying in the claims the metes and bounds of the term “narrower”; or by any other appropriate correction.
The rest of the claim(s) 19-30 and 32-37 depend(s) upon the above rejected claim(s) 18 and 31, and it/they do not cure(s) the deficiency of the above rejected claim(s) 18 and 31, and thus are also rejected under 35 U.S.C. 112(b).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the claims at issue are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form should be used.
A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp. Applicant is encouraged to utilize the EFS-Web eTerminal Disclaimer in order to expedite processing of the terminal disclaimer.
Claim(s) 18-37 is/are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-17 of U.S. Patent No. 10,948,937 and claims 1-18 of U.S. Patent No. 11,846,960. Although the claims at issue are not identical, they are not patentably distinct from each other because both systems comprise substantially the same elements.
As an illustrative example, claim 1 of the present application is mapped to claim 1 of U.S. Patent No. 11,846,960 in the following table:
Present Application
U.S. Patent No. 11,846,960
18. (New) A system to manage energy utilization,
comprising one or more processors and memory to: identify a load profile
comprising a plurality of peaks corresponding to increase instances at which a load increases and a plurality of decrease instances at which the load decreases;
select a shape of each of a plurality of narrower peaks with a function based on a discharge potential of an energy storage system ("ESS") from a single peak of the plurality of peaks in the load profile, a discharge potential of the ESS from the plurality of narrower peaks, and a recharge potential of the ESS associated with generation of the plurality of narrower peaks;
decrease the load to transition the single peak of the plurality of peaks in the load profile to the plurality of narrower peaks with the selected shape and at least one valley in one or more portions of a period of time associated with the single peak, the plurality of narrower peaks narrower than the plurality of peaks;
and discharge a battery of the ESS to shave off at least one peak of the plurality of narrower peaks to reduce energy utilization corresponding to the at least one peak of the plurality of narrower peaks.
1. A system to manage energy utilization by a building,
comprising: an interface to communicate with a building automation system (“BAS”) and an energy storage system (“ESS”) comprising a battery; and
one or more processors and memory that communicate via the interface to:
identify a load profile for a building over a time period, the load profile
comprising a plurality of peaks corresponding to increase instances at which a load of the building increases and a plurality of decrease instances at which the load decreases;
select a shape of each of a plurality of narrower peaks with a function based on a discharge potential of the ESS from a single peak of the plurality of peaks in the load profile for the building, a discharge potential of the ESS from the plurality of narrower peaks, and a recharge potential of the ESS associated with generation of the plurality of narrower peaks;
decrease the load of the building via a reduction of equipment loads that contribute to the load of the building to transition the single peak of the plurality of peaks in the load profile for the building to the plurality of narrower peaks with the selected shape and at least one valley in one or more portions of a period of time associated with the single peak, the plurality of narrower peaks narrower than the plurality of peaks;
and discharge the battery of the ESS to shave off at least one peak of the plurality of narrower peaks to reduce energy utilization corresponding to the at least one peak of the plurality of narrower peaks.
As the above table shows, the two claims are identical except for the extra limitations in U.S. Patent No. 11,846,960. By removing the extra limitation(s) from U.S. Patent No. 11,846,960, the inventions become the same.
The rest of the claims are similarly recited. Therefore they are rejected under the same rationale.
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.
Citation of Pertinent Prior Art
The following prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Pub. No. 2013/0085616 by Wenzel, which discloses controlling energy use in a building management system using energy budgets (Title/Abstract).
U.S. Pub. No. 2011/0071693 by Sun et al., which discloses multi-interval dispatch system tools for enabling dispatchers in power grid control centers to manage changes (Title/Abstract).
U.S. Pub. No. 2012/0143383 by Cooperrider et al., which discloses energy-efficient utility system utilizing solar power (Title/Abstract).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Saad M. Kabir whose telephone number is 571-270-0608 (direct fax number is 571-270-9933). The examiner can normally be reached on Mondays to Fridays 9am to 5pm 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.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/SAAD M KABIR/
Examiner, Art Unit 2119
/ZIAUL KARIM/Primary Examiner, Art Unit 2119
Prosecution Insights