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 .
Status of Claims
Claims 1-12 are currently pending in this application.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: a data acquirer configured to acquire measuring data, a display controller configured to control a display unit to display data, a display unit to display data, a generator configured to generate a control command, and an outputter configured to output.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Note: The specification discloses of an energy resource control device implemented as a server device that includes a central processing unit (CPU) and a memory and the CPU performs the functions of the control unit 14 (including “a data acquirer configured to acquire measuring data, a display controller configured to control a display unit to display data, a display unit to display data, a generator configured to generate a control command, and an outputter configured to output”, See FIG.2) by executing one or more programs stored in the memory (See Specification at [0026]). Thus, these generic placeholders that are coupled with functional languages are defined as “programs” executable by the CPU.
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 1-12 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.
Claims 1-12 recite the limitations “a data acquirer configured to acquire measuring data, a display controller configured to control a display unit to display data, a display unit to display data, a generator configured to generate a control command, and an outputter configured to output” that have been interpreted to invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (See claim interpretation above). However, the written description fails to disclose the corresponding structure, material, or acts for the claimed function. Written description fails to clearly link or associate the disclosed structure, material or acts to the claimed function such that one of ordinary skill in the art would recognize what structure, material or acts perform the claimed function.
The specification discloses of an energy resource control device implemented as a server device that includes a central processing unit (CPU) and a memory and the CPU performs the functions of the control unit 14 (including “a data acquirer configured to acquire measuring data, a display controller configured to control a display unit to display data, a display unit to display data, a generator configured to generate a control command, and an outputter configured to output”, See FIG.2) by executing one or more programs stored in the memory (See Specification at [0026]). These generic placeholders that are coupled with functional languages are defined as “programs” executable by the CPU. Nonetheless, the written description fails to disclose a detailed algorithm (step-by-step) plan for each of the generic placeholders and functions that invoked 112f, thus are not in accordance with MPEP 2181(II)(B).
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph; or
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the claimed function, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(0) and 2181.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-12 are rejected under 35 U.S.C. 102(a)(1) and/or (a)(2) as being anticipated by MIYOSHI HIDEKAZU (JP-2017011988-A).
With respect to claims 1 and 9, MIYOSHI teaches an energy resource control system and method configured to perform resource control for energy resources to provide a power service (power management system 301 with multiple power demand facilities {i.e., building, factory, and household, page 10} where each facility includes a power generation control device 202 {i.e., PCS} to control the power generation device 203, fig.1 and page 10), the energy resource control system (fig.1) comprising:
a data acquirer configured to acquire measuring data as power information measured in a facility (the power generation control device 202 creates suppression amount information based on the value of a power meter indicating the amount of power generated by the power generation device 203, page 28);
a display controller configured to control a display unit to display data about the resource control (the display device according to the first embodiment of the present invention, the screen information acquisition unit 71 stores the past of the target supply with respect to the power supply using the power generation device 203 that generates electricity from the renewable energy, that is, the target supply. Screen information Sci1 and Sci2 based on output suppression information that is created based on suppression history information related to suppression of the target and indicates content related to suppression of target supply is acquired. Then, the control unit 72 displays the contents of the screen information Sci1 and Sci2 acquired by the screen information acquisition unit 71, page 32); and
a generator configured to generate a control command for a control target energy resource that is a target of the resource control (transmits a target supply suppression command C1 to the power management device 101…in the suppression command C1, for example, the start timing and length of the target period for suppressing the target supply (hereinafter also referred to as the suppression period CP), the total suppression power amount of the target supply, and the target supply are suppressed, page 10; the control unit 82 receives a unit suppression command from the communication unit 81, the control unit 82 suppresses the target supply of the power generation device 203 managed by its own power generation control device 202 according to the received unit suppression command, page 24),
the display controller being further configured to allow the display unit to display an energy resource input screen (fig.2) for receiving:
an input of a selection condition for the energy resources (fig.2 teaches screen Sc1 with 5 drop-down lists for user to select various conditions, such as the sub suppression period {DLp}, the sort key {DLs}, the power generation capacity range {DLc}, the sub area {DLa}, and the result totaling period {DLr} to control a plurality of power generation control apparatuses 202 to thereby generate a power generation apparatus 203 in a power generation facility, pages 11-13); and
an input of setting, to the control target energy resource, at least one energy resource, which satisfies the selection condition, of the energy resources (fig.2 teaches screen Sc1 with drop-down lists DLp, DLs, DLc, DLa, and DLr for setting conditions to control a plurality of power generation control apparatuses 202 to thereby generate a power generation apparatus 203 in a power generation facility, pages 11-13),
the generator being configured to generate the control command based on: the control target energy resource according to the input of setting, received on the energy resource input screen; and the measuring data acquired by the data acquirer (the control unit 82 receives a unit suppression command from the communication unit 81, the control unit 82 suppresses the target supply of the power generation device 203 managed by its own power generation control device 202 according to the received unit suppression command, page 24).
With respect to claims 8 and 10, MIYOSHI teaches of an energy resource control system and method configured to perform resource control for energy resources to provide a power service (power management system 301 with multiple power demand facilities {i.e., building, factory, and household, page 10} where each facility includes a power generation control device 202 {i.e., PCS} to control the power generation device 203, fig.1 and page 10), the energy resource control system (fig.1) comprising:
a data acquirer configured to acquire measuring data as power information measured in a facility (the power generation control device 202 creates suppression amount information based on the value of a power meter indicating the amount of power generated by the power generation device 203, page 28);
a display controller configured to control a display unit to display data about the resource control (the display device according to the first embodiment of the present invention, the screen information acquisition unit 71 stores the past of the target supply with respect to the power supply using the power generation device 203 that generates electricity from the renewable energy, that is, the target supply. Screen information Sci1 and Sci2 based on output suppression information that is created based on suppression history information related to suppression of the target and indicates content related to suppression of target supply is acquired. Then, the control unit 72 displays the contents of the screen information Sci1 and Sci2 acquired by the screen information acquisition unit 71, page 32); and
a generator configured to generate a control command for a control target energy resource that is a target of the resource control (transmits a target supply suppression command C1 to the power management device 101…in the suppression command C1, for example, the start timing and length of the target period for suppressing the target supply (hereinafter also referred to as the suppression period CP), the total suppression power amount of the target supply, and the target supply are suppressed, page 10; the control unit 82 receives a unit suppression command from the communication unit 81, the control unit 82 suppresses the target supply of the power generation device 203 managed by its own power generation control device 202 according to the received unit suppression command, page 24),
the display controller being further configured to allow the display unit to display a parameter input screen for receiving an input of a parameter relating to the power service (fig.2 teaches screen Sc1 with 5 drop-down lists for user to select various conditions, such as the sub suppression period {DLp}, the sort key {DLs}, the power generation capacity range {DLc}, the sub area {DLa}, and the result totaling period {DLr} to control a plurality of power generation control apparatuses 202 to thereby generate a power generation apparatus 203 in a power generation facility, pages 11-13), and
the generator is configured to generate the control command based on: the parameter received on the parameter input screen; and the measuring data acquired by the data acquirer (the control unit 82 receives a unit suppression command from the communication unit 81, the control unit 82 suppresses the target supply of the power generation device 203 managed by its own power generation control device 202 according to the received unit suppression command, page 24).
With respect to claim 2, MIYOSHI teaches wherein the display controller is further configured to allow the display unit to display a parameter input screen for receiving an input of a parameter relating to the power service (fig.2 teaches screen Sc1 with 5 drop-down lists for user to select various conditions, such as the sub suppression period {DLp}, the sort key {DLs}, the power generation capacity range {DLc}, the sub area {DLa}, and the result totaling period {DLr} to control a plurality of power generation control apparatuses 202 to thereby generate a power generation apparatus 203 in a power generation facility, pages 11-13), and the generator is configured to generate the control command based on: the parameter received on the parameter input screen; and the measuring data acquired by the data acquirer (the control unit 82 receives a unit suppression command from the communication unit 81, the control unit 82 suppresses the target supply of the power generation device 203 managed by its own power generation control device 202 according to the received unit suppression command, page 24).
With respect to claim 3, MIYOSHI teaches wherein the parameter includes at least one selected from the group consisting of a reference value, a controllable amount and a bid amount, the reference value being calculated from the measuring data acquired by the data acquirer (the contents related to the control of the target supply or power demand are determined based on the numerical values related to the cost, usage status, performance, etc. of the device, the predicted value of the target supply or power demand, or the achievement level for the control request, page 8; fig.2 teaches screen Sc1 with 5 drop-down lists for user to select various conditions, such as the sub suppression period {DLp}, the sort key {DLs}, the power generation capacity range {DLc}, the sub area {DLa}, and the result totaling period {DLr} to control a plurality of power generation control apparatuses 202 to thereby generate a power generation apparatus 203 in a power generation facility, pages 11-13).
With respect to claim 4, MIYOSHI teaches wherein when the parameter includes the reference value, the parameter input screen is provided to further receive an input of an offset value with respect to the parameter (selects a candidate until the total suppression power amount exceeds a threshold value based on the total suppression power amount indicated by the suppression command, page 34), and the generator is configured to set a result obtained by reflecting the offset value in the parameter to a new parameter (a plurality of threshold values are set corresponding to each sub suppression period obtained by dividing the suppression period CP indicated by the suppression command C1, pages 34-35), and generate the control command based on the new parameter (The unit suppression command creation unit 54 outputs, for example, the created one or more unit suppression commands to the communication unit 21, page 35).
With respect to claim 5, MIYOSHI teaches wherein the display controller is further configured to allow the display unit to display a control result screen including: a control result obtained based on the control command; and the measuring data obtained by controlling based on the control command (Sc2 screen of fig.3 teaches return of results based on the input control parameters of Sc1 and control suppression commands, page 23).
With respect to claim 6, MIYOSHI teaches wherein the selection condition includes at least one selected from the group consisting of: a missing rate of the measuring data; a characteristic of the measuring data; an analysis result of the measuring data; a prediction result based on the measuring data; responsiveness of the control target energy resource with respect to the control command; an identifier of the facility; a characteristic of the facility (acquires the name of the power demand facility that matches the search condition from the database 112, page 41); a type of the control target energy resource; an identifier of the control target energy resource; a state of the control target energy resource; and a characteristic of the control target energy resource (power generation company information Ptbl includes, for example, the name and location of a registered power generation company, the type and power generation capacity of power generation device 203, and the registration suppression level. The registration suppression level is a suppression level registered in advance by the power generation company, page 15).
With respect to claim 7, MIYOSHI teaches further comprising an outputter configured to output, to the control target energy resource, the control command generated by the generator (The control unit 82 controls the power generation device 203 based on the output suppression information acquired by the communication unit 81, page 39).
With respect to claims 11 and 12, MIYOSHI teaches a non-transitory computer-readable tangible recording medium storing a program designed to cause a computer system to perform the energy resource control method of claims 9 and 10 (each device in the power management system 301 includes a computer, and an arithmetic processing unit such as a CPU in the computer reads and executes a program including a part or all of each step in the following sequence diagram from a memory (not shown). Each of the programs of the plurality of apparatuses can be installed from the outside. The programs of the plurality of apparatuses are distributed while being stored in a recording medium, page 27).
Conclusion
The additional prior arts made of record and have not been relied upon are considered pertinent to applicant's disclosure as follows: Watanabe et al. (WO-2020261797-A1, common inventors with publication date less than 1 year of instant application foreign priority date), Stearns et al. (US 2016/0048118-A1), Yoshida et al. (US 2015/0095790-A1), WO_2018207226_A1, CA-3104595-A1, CA-3115434-A1, US-20090066287-A1, US-20170005515-A1, US-20200001727-A1, and US-20200112199-A1
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HIEN (CINDY) D KHUU whose telephone number is (571)272-8585. The examiner can normally be reached on Monday-Friday 9am-5:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ken Lo can be reached on 571-272-9774. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HIEN D KHUU/Primary Examiner, Art Unit 2116 March 3, 2026