Prosecution Insights
Last updated: April 19, 2026
Application No. 18/568,033

Aggregator System

Non-Final OA §102§103
Filed
Dec 07, 2023
Examiner
BHAT, ADITYA S
Art Unit
2857
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Hitachi, Ltd.
OA Round
1 (Non-Final)
81%
Grant Probability
Favorable
1-2
OA Rounds
3y 3m
To Grant
91%
With Interview

Examiner Intelligence

Grants 81% — above average
81%
Career Allow Rate
552 granted / 681 resolved
+13.1% vs TC avg
Moderate +10% lift
Without
With
+9.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
32 currently pending
Career history
713
Total Applications
across all art units

Statute-Specific Performance

§101
26.3%
-13.7% vs TC avg
§103
22.7%
-17.3% vs TC avg
§102
35.4%
-4.6% vs TC avg
§112
9.3%
-30.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 681 resolved cases

Office Action

§102 §103
DETAILED ACTION Status 1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Claims 1-8 are currently pending in this application. Priority 2. Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file. Specification 3. The disclosure is objected to because of the following informalities: a section titled “Cross reference to related applications” citing the priority data is missing from the specification. Appropriate correction is required. Information Disclosure Statement 4. The information disclosure statement (IDS) submitted on 1 2 / 07 /202 3 was received. The submission is in compliance with the provisions of 37 CFR 1.97 and 37 CFR 1.98. Accordingly, the information disclosure statement has being considered by the examiner. Drawings 5. The drawings submitted on 12 / 07 /202 3 are in compliance with 37 CFR § 1.81 and 37 CFR § 1.83 and have been accepted by the examiner. Claim Rejections - 35 USC § 102 6 . 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 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. 7 . 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. 8 . Claim s 1-3, 5 and 7-8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Koch US 9,818,073 . With regards to claim 1, Koch US 9,818,073 teaches an aggregator system outputting a control instruction relating to electric power to a consumer consuming electric power, in accordance with a variation of a power generation amount of a power supply company, (DRMS is equivalent to the aggregator system as it collects coordinates response for demand, events and manages customers; Col. 2, lines 27-65)(Col. 5, lines 19-22) the aggregator system predicting adjustment power that is an adjustable amount of received power according to each of facilities of the consumer (DR logic for deriving adjusted response based on DR event, providing direct load control of customer facility; Col. 3-4, lines 52-67 and 1-2) and outputting a control instruction for adjusting received power to each of the facilities on the basis of the predicted adjustment power of each of the facilities and a DR instruction that is a demand/supply adjustment instruction for the electric power from the power supply company. (Col. 2, lines 19-24) With regards to claim 2, Koch US 9,818,073 teaches collects the adjustment power of each of the facilities that each of a plurality of consumers has and manages the facilities of each of the consumers. (Col. 5, lines 16-40) With regards to claim 3, Koch US 9,818,073 teaches calculates a loss cost accompanying adjustment of the received power by using an operating model of the facilities, determines an operating plan of each of the facilities on the basis of the adjustment power and the loss cost, and outputs the control instruction on the basis of the determined operating plan. (Col. 5, lines 45-65) With regards to claim 5, Koch US 9,818,073 teaches determines an output timing of the control instruction on the basis of an adjustment start timing of the received power instructed using the DR instruction and an operating time of the facility. (Col. 5, lines 35-40) With regards to claim 7, Koch US 9,818,073 teaches the facilities include a non-target facility, which is not a target of adjustment of the received power according to the control instruction, and the aggregator system performs an adjustment instruction for the received power for the non-target facility by distributing an adjustment amount of the received power instructed using the DR instruction to a plurality of consumers having the non-target facility at a ratio corresponding to a ratio of adjustment power of each consumer predicted in advance. (Col. 5, lines 30-45) With regards to claim 8, Koch US 9,818,073 teaches a first consumer, for which the aggregator system manages adjustment power in units of facilities, and a second consumer, for which the aggregator system manages adjustment power in units of consumers, or a child aggregator system managing adjustment power in units of a plurality of consumers are present, and adjustment power of the first consumer, and of the second consumer or the child aggregator system, are collected and managed.(Col. 5, lines 17-29) Claim Rejections - 35 USC § 103 9. 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. 10. 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. 11. Claim(s) 4 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Koch US 9,818,073 in view of Besore US Pat # 9,976,792 . With regards to claims 4 and 6, Koch US 9,818,073 does not appear teaches the facilities include at least one of a CGS and a freezer wherein the freezer includes an electrical driving-type freezer and an absorptive-type freezer, and the control instruction is output such that produced cold heat based on the absorptive-type freezer is increased, and produced cold heat based on the electrical driving-type freezer is decreased. With regards to claims 4 and 6, Besore US Pat # 9,976,792 teaches the facilities include at least one of a CGS and a freezer wherein the freezer includes an electrical driving-type freezer and an absorptive-type freezer, and the control instruction is output such that produced cold heat based on the absorptive-type freezer is increased, and produced cold heat based on the electrical driving-type freezer is decreased. (Col. 3, lines 35-65) It would’ve been obvious to one of ordinary skill in the art at the time of the invention to modify the Koch invention to include the controllable freezer as taught by Besore to arrive at the claimed invention as it would be desirable to enable refrigerators that are not equipped with electronic controls to effectively adjust energy usage in response to “high demand” conditions. (Col. 2, lines 14-17) Conclusion 12 . The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Ippolito et al. US Pat# 8,260,468 teaches a aggregator, monitor and manger of distributed demand response. 1 3 . Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT ADITYA S BHAT whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-2270 . The examiner can normally be reached on FILLIN "Work Schedule?" \* MERGEFORMAT Monday-Friday 8 am-6pm . 1 4 . 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. 1 5 . If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Shelby Turner can be reached on 571-272-6334. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. 1 6 . 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 https://ppair-my.uspto.gov/pair/PrivatePair. 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. /ADITYA S BHAT/ Primary Examiner, Art Unit 2857 March 3, 2026
Read full office action

Prosecution Timeline

Dec 07, 2023
Application Filed
Mar 03, 2026
Non-Final Rejection — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
81%
Grant Probability
91%
With Interview (+9.8%)
3y 3m
Median Time to Grant
Low
PTA Risk
Based on 681 resolved cases by this examiner. Grant probability derived from career allow rate.

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