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 .
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.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
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: “control device” with accompanying functional limitation in claim 1.
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.
“control device” with structure to execute the function claim limitation can be found in specification para. 0007.
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.
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.
Claims 1, 3, 5-8, 10-12, and 14-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Becattini et al. US 2017/0040887 A1.
Becattini teaches:
1. A system comprising:
a microgrid; [Fig. 1 15] and
a control device [Fig. 1 12 – control module], wherein the control device is configured to operate the microgrid in a state where the microgrid has a near-net-zero or net-zero energy exchange with a macrogrid while the microgrid is physically and electrically connected to the macrogrid. [para. 0048, “In general terms, the control module 12 of the apparatus according to the present invention allows adjusting the operation of said DC/AC converter apparatus so that the combination of the value of the active and reactive power produced by said DC/AC converter apparatus and of the value of the active and reactive power exchanged by said DC/AC converter apparatus with the utility grid, is approximately equal to a required value.”]
Becattini teaches:
3. The system of claim 1, wherein the microgrid comprises:
energy loads; [load 14] and
energy sources, [battery 20]
wherein the control device is configured to monitor energy requirements of the energy loads with energy supply of the energy sources while the microgrid is operational. [para. 0069]
Becattini teaches:
5. The system of claim 1, wherein the control device is configured to change to the state of the microgrid from a first state, wherein in the first state, the microgrid is physically and electrically connected to a macrogrid, and the microgrid has energy exchange with a macrogrid. [para. 0003]
Becattini teaches:
6. The system of claim 5, further comprising: wherein the control device is configured to change to a third state of the microgrid from the state, wherein in the third state, the microgrid is physically and electrically disconnected to the macrogrid. [para. 0003]
Becattini teaches:
7. A computerized method of operating a microgrid, comprising:
while the microgrid is operational, and while the microgrid is physically and electrically connected to a macrogrid, changing from a first state of the microgrid to a second state of the microgrid, wherein in the first state, the microgrid has energy exchange with a macrogrid; [para. 0069-0070] and
wherein in the second state, the microgrid has a net-zero energy exchange with the macrogrid. [para. 0069-0070 and para. 0048, “In general terms, the control module 12 of the apparatus according to the present invention allows adjusting the operation of said DC/AC converter apparatus so that the combination of the value of the active and reactive power produced by said DC/AC converter apparatus and of the value of the active and reactive power exchanged by said DC/AC converter apparatus with the utility grid, is approximately equal to a required value.”]
Becattini teaches:
8. The computerized method of claim 7, further comprising: while the microgrid is operational, changing from the second state of the microgrid to a partial virtual island state of the microgrid, wherein in the partial virtual island state, the microgrid has a near-net-zero energy exchange with the macrogrid. [para. 0069-0070 and para. 0048, “In general terms, the control module 12 of the apparatus according to the present invention allows adjusting the operation of said DC/AC converter apparatus so that the combination of the value of the active and reactive power produced by said DC/AC converter apparatus and of the value of the active and reactive power exchanged by said DC/AC converter apparatus with the utility grid, is approximately equal to a required value.”]
Becattini teaches:
10. The computerized method of claim 7, further comprising: while the microgrid is operational, changing from the second state of the microgrid to a third state of the microgrid, wherein in the third state, the microgrid is physically and electrically disconnected to the macrogrid. [para. 0003]
Becattini teaches:
11. A control device comprising:
a processor;[control module 12] a network component, which is in communication with the processor, wherein the processor communicates with a remote system via the network component; [para. 0012] and
a non-transitory computer readable memory, which is in communication with the processor, wherein the non-transitory computer readable memory has stored therein a microgrid control program, wherein when executed by the processor, the processor performs the computerized method of claim 7. [see above]
Becattini teaches:
12. A computerized method of operating a microgrid, comprising:
while the microgrid is operational, and while the microgrid is physically and electrically connected to a macrogrid, changing from a first state of the microgrid to a partial virtual island state of the microgrid, wherein in the first state, the microgrid has energy exchange with a macrogrid; [para. 0069-0070] and
wherein in the partial virtual island state, the microgrid has a near-net-zero energy exchange with the macrogrid. [para. 0069-0070 and para. 0048, “In general terms, the control module 12 of the apparatus according to the present invention allows adjusting the operation of said DC/AC converter apparatus so that the combination of the value of the active and reactive power produced by said DC/AC converter apparatus and of the value of the active and reactive power exchanged by said DC/AC converter apparatus with the utility grid, is approximately equal to a required value.”]
Becattini teaches:
14. The computerized method of claim 12, further comprising: while the microgrid is operational, changing from the partial virtual island state of the microgrid to a second state of the microgrid, wherein in the second state, the microgrid has a net-zero energy exchange with the macrogrid. [para. 0069-0070 and para. 0048, “In general terms, the control module 12 of the apparatus according to the present invention allows adjusting the operation of said DC/AC converter apparatus so that the combination of the value of the active and reactive power produced by said DC/AC converter apparatus and of the value of the active and reactive power exchanged by said DC/AC converter apparatus with the utility grid, is approximately equal to a required value.”]
Becattini teaches:
15. The computerized method of claim 12, further comprising: while the microgrid is operational, changing from the partial virtual island state of the microgrid to a third state of the microgrid, wherein in the third state, the microgrid is physically and electrically disconnected to the macrogrid. [para. 0003]
Becatinni teaches:
16. A control device comprising: a processor; [control module 12] a network component,[para. 0012] which is in communication with the processor, wherein the processor communicates with a remote system via the network component; and a non-transitory computer readable memory, which is in communication with the processor, wherein the non-transitory computer readable memory has stored therein a microgrid control program, wherein when executed by the processor, the processor performs the computerized method of claim 12. [see above.]
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.
Claims 2, 4, 9 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Becattini et al. US 2017/0040887 A1 in view of Cruickshank, III US 2021/0296897 A1.
Becattini does not teach the following limitation, however, Cruickshank teaches:
2. The system of claim 1, wherein the near-net-zero energy exchange is in a range of ±0.01 per unit to ±0.4 per unit of rated power of the microgrid. [Table 6.7 “net zero” whole-house energy usage on an annual basis and daily basis.]
It would have been obvious to a person having ordinary skill in the art before the time of filing to combine the teachings of Cruickshank III with those of Becattini. A person having ordinary skill in the art would have been motivated to combine the teachings because Cruickshank III teaches load shedding to achieve net zero goals. (See para. 0149).
Cruickshank III teaches:
4. The system of claim 3, wherein the control device is configured to:
receive energy data from a remote system and/or the macrogrid; [para. 0198 -internet connected apppliances]
determine requirement by the energy loads of the microgrid; [para. 0198]
determine energy supply by the energy sources of the microgrid; [para. 0198]
compare the requirement and the energy supply; [para. 0198]
and
determine whether shedding at least one of the loads of the microgrid can achieve the near-net-zero or net-zero energy exchange with the macrogrid while the microgrid is physically and electrically connected to the macrogrid. [para. 0198, automatically adding and shedding loads throughout the day]
Regarding method claim 9 and 13, these method claims execute the steps of functions of apparatus above in claim 2 and are rejected on the same grounds and rationale as above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GARY COLLINS whose telephone number is (571)270-0473. The examiner can normally be reached Monday - Friday 1-930PM EST.
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/GARY COLLINS/Primary Examiner, Art Unit 2115
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