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 .
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 conflicting claims 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); 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 nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) 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 www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim (1 ,3, 7, 9, 4, 11, 12, 13, 15, 16, (17,1), 3, 7, 9, 4, 11, 12, 13, 15, 16) of U.S. Patent No.US 11,852,687B2. Although the claims at issue are not identical, they are not patentably distinct from each other as shown below.
Instant Application 18/539819
1. A method to control a load bank, the method comprising: identifying a change in a power demand on an electrical power source to which a load is applied by the load bank in accordance with a load test, the change in the power demand being caused by a third party during the load test; determining that the change in the power demand on the electrical power source is unable to be met by virtue of a present operation of the load bank, the present operation being measured via one or more of a capacitance, a reactance, or a resistance of the load; generating a set of commands for dynamically adjusting the one or more of the capacitance, the reactance, or the resistance of the load to change the present operation of the load bank so that the change in the power demand on the electrical power source is able to be met; monitoring, subsequent to sending the set of commands to the load bank, a set of bus power levels and a total power level; and powering down the load bank if the set of bus power levels does not decrease.
2. The method of claim 1, further comprising: obtaining input received via a human-machine interface, the input corresponding to a desired operation for the load bank, wherein the input comprises one or more of: a selection of a predetermined operating mode of the load bank from a set of available operating modes of the load bank; a selection of a load type; a selection of a number of increments for increasing or decreasing the load type; a selection of a time span for increasing or decreasing the load type; or a selection of the one or more of the capacitance, the reactance, or the resistance of the load.
3. The method of claim 2, further comprising: calculating a load value based on the input; and applying the load value on a preset interval.
4. The method of claim 2, further comprising: adjusting the capacitance of the load bank for power conditioning a lagging power factor value.
5. The method of claim 1, further comprising: receiving data via a power quality analyzer, the data corresponding to the present operation of the load bank; and powering the power quality analyzer after identifying a decrease in the total power level that exceeds a minimum power level threshold.
6. The method of claim 1, further comprising: identifying points of failure of the load bank.
7. The method of claim 1, wherein the set of commands further dynamically adjusts an inductance of the load.
8. The method of claim 1, wherein the third party comprises a data center, a hospital, a wind farm, a photovoltaic farm, a utility provider, a municipal building, or a combination thereof.
9. The method of claim 1, further comprising: classifying the change in the power demand on the electrical power source by the third party during the load test as an emergency condition.
10. The method of claim 9, wherein the set of commands causes the load bank to immediately shed some or all of the load responsive to the emergency condition classification.
11. A load bank module configured to control a load bank, the load bank module comprising: one or more processors in electronic communication with the load bank, wherein the one or more processors are adapted and configured to: identify a change in a power demand on an electrical power source to which a load is applied by the load bank in accordance with a load test, the change in the power demand being caused by a third party during the load test; determine that the change in the power demand on the electrical power source is unable to be met by virtue of a present operation of the load bank, the present operation being measured via one or more of a capacitance, a reactance, or a resistance of the load; generate a set of commands for dynamically adjusting the one or more of the capacitance, the reactance, or the resistance of the load to change the present operation of the load bank so that the change in the power demand on the electrical power source is able to be met; monitor, subsequent to sending the set of commands to the load bank, a set of bus power levels and a total power level; and power down the load bank if the set of bus power levels does not decrease.
12. The load bank module of claim 11, wherein the one or more processors are further adapted and configured to: obtain input received via a human-machine interface, the input corresponding to a desired operation for the load bank, wherein the input comprises one or more of: a selection of a predetermined operating mode of the load bank from a set of available operating modes of the load bank; a selection of a load type; a selection of a number of increments for increasing or decreasing the load type; a selection of a time span for increasing or decreasing the load type; or a selection of the one or more of the capacitance, the reactance, or the resistance of the load.
13. The load bank module of claim 12, wherein the one or more processors are further adapted and configured to: calculate a load value based on the input; and apply the load value on a preset interval.
14. The load bank module of claim 12, wherein the one or more processors are further adapted and configured to: adjust the capacitance of the load bank for power conditioning a lagging power factor value.
15. The load bank module of claim 11, wherein the one or more processors are further adapted and configured to: receive data corresponding to the present operation of the load bank; and power a power quality analyzer after identifying a decrease in the total power level that exceeds a minimum power level threshold.
16. The load bank module of claim 11, wherein the one or more processors are further adapted and configured to: identify points of failure of the load bank.
17. The load bank module of claim 11, wherein the set of commands further dynamically adjusts an inductance of the load.
18. The load bank module of claim 11, wherein the third party comprises a data center, a hospital, a wind farm, a photovoltaic farm, a utility provider, a municipal building, or a combination thereof.
19. The load bank module of claim 11, wherein the one or more processors are further adapted and configured to: classify the change in the power demand on the electrical power source by the third party during the load test as an emergency condition.
20. The load bank module of claim 19, wherein the set of commands causes the load bank to immediately shed some or all of the load responsive to the emergency condition classification.
U.S. Patent No.US 11,852,687B2
1. A method for controlling a load bank comprising: receiving input via a human-machine interface (HMI) corresponding to desired operation for the load bank, the load bank being configured to apply a load to an electrical power source in accordance with a load test; receiving data via a power quality analyzer, the data corresponding to a present operation of the load bank conveyed by values of load bank operating parameters of the load bank during the load test, the load bank operating parameters characterizing one or more of capacitance, reactance, or resistance of the load applied to the electrical power source by the load bank; identifying a change in power demand on the electrical power source, the change in the power demand being caused by a third party during the load test; determining that the change in the power demand on the electrical power source is unable to be met by virtue of the present operation of the load bank as measured via the one or more of the capacitance, the reactance, or the resistance of the load applied to the electrical power source by the load bank; generating, based on the determining the change in the power demand on the electrical power source is unable to be met, a set of commands for dynamically adjusting the one or more of the capacitance, the reactance, or the resistance of the load applied to the electrical power source by the load bank to change the present operation of the load bank so that the change in the power demand on the electrical power source is able to be met; monitoring, subsequent to sending the set of commands to the load bank, a set of bus power levels and a total power level for a predefined period of time; and powering down the power quality analyzer if the set of bus power levels does not decrease.
3. The method of claim 2, wherein the input further comprises a load type, a number of increments for increasing or decreasing a load type, a time span for increasing or decreasing a load type, or a combination thereof.(And See Claim 1 and 17 and claim 2)2. The method of claim 1, wherein the input comprises a selection of a predetermined operating mode of the load bank.
7. The method of claim 6, further comprising: calculating a load value based on the input; and applying the load value on a preset interval.
9. The method of claim 1, further comprising: adjusting the capacitance of the load bank for power conditioning a lagging power factor value.
4. The method of claim 1, further comprising: powering the power quality analyzer after identifying a decrease in the total power level that exceeds a minimum power level threshold.
11. The method of claim 1, further comprising: identifying points of failure of the load bank.
12. The method of claim 1, wherein the set of commands further dynamically adjust an inductance of the load.
13. The method of claim 1, wherein the third party comprises a data center, a hospital, a wind farm, a photovoltaic farm, a utility provider, a municipal building, or a combination thereof.
15. The method of claim 1, further comprising: classifying the change in the power demand on the electrical power source by the third party during the load test as an emergency condition.
16. The method of claim 15, wherein the set of commands cause the load bank to immediately shed some or all of the load.
17. A load bank module for controlling a load bank comprising: a human-machine interface (HMI) configured to receive input corresponding to desired operation for the load bank, the load bank being configured to apply a load to an electrical power source in accordance with a load test; a power quality analyzer in electronic communication with the HMI and the load bank, wherein the power quality analyzer is adapted and configured to: receive data corresponding to a present operation of the load bank conveyed by values of load bank operating parameters of the load bank during the load test, the load bank operating parameters characterizing one or more of capacitance, reactance, or resistance of the load applied to the electrical power source by the load bank; identify a change in power demand on the electrical power source, the change in the power demand being caused by a third party during the load test; determine that the change in the power demand on the electrical power source is unable to be met by virtue of the present operation of the load bank as measured via the one or more of the capacitance, the reactance, or the resistance of the load applied to the electrical power source by the load bank; generate, based on determining the change in the power demand by the electrical power source is unable to be met, a set of commands for dynamically adjusting the one or more of the capacitance, the reactance, or the resistance of the load applied to the electrical power source by the load bank to change the present operation of the load bank so that the change in the power demand on the electrical power source is able to be met; monitor, subsequent to sending the set of commands to the load bank, a set of bus power levels and a total power level for a predefined period of time; and power down the power quality analyzer if the set of bus power levels does not decrease.(And See Claim 1)
3. The method of claim 2, wherein the input further comprises a load type, a number of increments for increasing or decreasing a load type, a time span for increasing or decreasing a load type, or a combination thereof.(And See Claim 1 and 17 and claim 2)2. The method of claim 1, wherein the input comprises a selection of a predetermined operating mode of the load bank.
7. The method of claim 6, further comprising: calculating a load value based on the input; and applying the load value on a preset interval.9. The method of claim 1, further comprising: adjusting the capacitance of the load bank for power conditioning a lagging power factor value.4. The method of claim 1, further comprising: powering the power quality analyzer after identifying a decrease in the total power level that exceeds a minimum power level threshold.11. The method of claim 1, further comprising: identifying points of failure of the load bank.
12. The method of claim 1, wherein the set of commands further dynamically adjust an inductance of the load.
13. The method of claim 1, wherein the third party comprises a data center, a hospital, a wind farm, a photovoltaic farm, a utility provider, a municipal building, or a combination thereof.15. The method of claim 1, further comprising: classifying the change in the power demand on the electrical power source by the third party during the load test as an emergency condition.16. The method of claim 15, wherein the set of commands cause the load bank to immediately shed some or all of the load.
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 1-20 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 1, 10 recite “identifying a change in a power demand on an electrical power source to which a load is applied by the load bank in accordance with a load test, the change in the power demand being caused by a third party during the load test “. However in order identify a change in a power demand, some data needs to be obtain or measured in order to make such an identification. It is not clear how such an identification is made with first obtaining data and is therefore indefinite. Claims that depend on the above rejected claims are also rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph.
Allowable Subject Matter
Claims 1-20 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) and the Double Patenting Rejection, set forth in this Office action.
The closest prior art of Cooper (US 10,840,735) teaches identifying a change in a power demand on an electrical power source to which a load is applied by the load bank in accordance with a load test, the change in the power demand being caused by a third party during the load test; (See Col 34 lines 11-28 Load limit 43 communicates with load control 25a via communication links 26a and 36 in order to send and receive data. Interface 29i couples the communication link 26a to current control 44 to allow the load control 25a to operate current control 44. While shown in respect to an electric oven in this example, it will be understood from the teachings herein that load limit 43 may be utilized with other types of loads, and will be particularly useful with high demand loads, for example heating and other resistive loads, battery chargers, electrolysis and other electro-chemical loads, in order to limit the maximum amount of power the load draws. One of ordinary skill will also understand that many types of high demand loads do not lend themselves to operation with particular load control circuits, for example many large constant speed rotating machinery loads which are desired to operate synchronously with relatively fixed voltage AC power and thus are difficult to use with variable voltage control circuits.) However with regards to claims 1 and 11 the prior art searched fails to teach or make obvious the whole combination of the limitation of determining that the change in the power demand on the electrical power source is unable to be met by virtue of a present operation of the load bank, the present operation being measured via one or more of a capacitance, a reactance, or a resistance of the load; generating a set of commands for dynamically adjusting the one or more of the capacitance, the reactance, or the resistance of the load to change the present operation of the load bank so that the change in the power demand on the electrical power source is able to be met; monitoring, subsequent to sending the set of commands to the load bank, a set of bus power levels and a total power level; and powering down the load bank if the set of bus power levels does not decrease.
Thus, this limitation, in combination with the other elements of the claims, are neither anticipated by nor obvious in view of the prior art of record and to one of ordinary skill in the art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Cooper (US 10,840,735 B1) teaches a method and apparatus for managing one or more grid supplied and separately metered power services, backup power sources, transfer switches and related powered loads using load monitoring and control which allow selectively connecting, disconnecting, limiting and controlling various loads which are powered thereby
Kuttel (US 2015/0222121 A1) teaches a power system for an electrical system with highly fluctuating loads which is powered by one or more power sources that are slow to react to load changes. Brown (US 2017/0133847 A1) teaches a load management system which may include a generator, a power source configured to drive the generator, a load bank configured to produce an electrical load on the generator, a chopper operatively connected to the generator and the load bank, and a chopper regulator in communication with the generator and the chopper. The chopper may be configured to modulate the electrical load of the load bank on the generator. Kohn (US 2023/0041412 A1) teaches an automated control system to control operations of a target physical system, such as production of electrical power in an electrical grid. The techniques may include determining how much electrical power for each of multiple producers to supply for each of a series of time periods, such as to satisfy projected demand for that time period while maximizing one or more indicated goals, and initiating corresponding control actions. The techniques may further include repeatedly performing automated modifications to the control system's ongoing operations to improve the target system's functionality, by using reinforcement learning to iteratively optimize particles generated for a time period that represent different state information within the target system, to learn one or more possible solutions for satisfying projected electrical power load during that time period while best meeting the one or more defined goals. Any inquiry concerning this communication or earlier communications from the examiner should be directed to YOSHIHISA ISHIZUKA whose telephone number is (571)270-7050. The examiner can normally be reached M-F 11:00-7:00.
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, Catherine Rastovski can be reached at (571) 270-0349. 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.
YOSHIHISA . ISHIZUKA
Examiner
Art Unit 2863
/YOSHIHISA ISHIZUKA/ Primary Examiner, Art Unit 2863