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 . 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.
DETAILED ACTION
The following FINAL Office Action is in response to communication filed on 11/26/2025.
Priority
Examiner has noted the Applicants claiming Priority from Provisional Application 63/464,108 filed 5/04/2023.
Status of Claims
Claims 1-18 are currently pending.
Claims 1-9, 13-18 are currently amended.
Claims 1-18 are currently under examination and have been rejected as follows.
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Response to Amendment
The previously pending rejections under 35 USC 101 will be maintained. The 101 rejection is updated in view of the amendments.
The previously pending rejections under 35 USC 103 will be maintained. The 103 rejection is updated in view of the amendments.
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Response to Arguments
Regarding Applicant’s remarks pertaining to 35 USC 101:
Step 2A Prong 1:
Applicant argues on page 9 of remarks 11/26/2025:
“… Specifically, the Office has asserted that the claims are directed to an abstract idea, which is a mental process, without significantly more or integration into a practical application… the claims are directed to a specific, significant, and meaningful claimed invention of automated control of energy consuming devices to reduce local congestion and loss in electric power grids and optimize clean energy utilization, which, as explained in paragraph [0008], solves the problem of current energy analytics systems that ‘are inaccurate and unable to facilitate effective load switching and optimized utilization of energy originating from clean energy sources.’
“The Office has not identified any risks that are mitigated by the claimed invention nor any
contracts or legal obligations contemplated by the pending claims.”
Examiner respectfully disagrees. Examiner interprets “reducing local congestion and loss in electric power grids” as directed to mitigating financial risk in terms of reducing the cost of wasted energy generation, as described in Applicant Specification ¶ [0007]. Rather than a mental process, mitigating risk pertains to fundamental economic practices under the abstract grouping of Certain Methods of Organizing Human Activity (MPEP 2106.04(a)(2) II).
Step 2A Prong 2:
Applicant argues on page 11 of remarks 11/26/2025:
“Instead, the claims are significantly more limited and require particular data obtained from particular sources, as well as manipulation of that data followed by automated control over networks of electronically actuated switches coupled to energy consuming devices. More fundamentally, any abstract idea is integrated into a practical application when the invention is considered as a whole, irrespective of whether generic computing devices or switches are recited.
“Accordingly, Applicant believes the pending claims recite additional elements that are
integrated into a practical application….”
Examiner respectfully disagrees. In addition to the original additional computer-based elements presented, the claims as amended recite the additional computer-based elements “electronically actuated switch” and “application programming interface (API)”. The automation provided by an electronically actuated switch to activate, deactivate, or otherwise control an energy consuming device replaces a manual process. Mere automation of a manual process alone (see MPEP 2106.05(a) iii) is not sufficient to show an improvement in computer functionality. Furthermore, the use of an API for communicating data in a network can be viewed as not meaningfully different than limiting the abstract idea of communicating of information to a particular technological environment (see MPEP 2106.05(h) iv, vi).
Step 2B:
Applicant argues on page 12 of remarks 11/26/2025:
“The limitations recited in claims 1-3, 5-9, 11-15, and 17-20 qualify as ‘significantly more’ than the abstract idea asserted by the Office because they add specific limitations other than what is well-understood, routine, and conventional in the field, and add unconventional steps that confine the claims to a particular useful application…. In particular, the claimed technology uses particular wind number values, solar boost values, thermal power resource data, and clean energy factor values to cause electronically actuated switches to selectively actuate energy consuming devices based on stored threshold values.
“…The claimed technology has not been utilized in this technical field before to solve long standing technical issues relating to load switching and optimized utilization of energy originating from clean energy sources.
“…Like the claimed technology in BASCOM, the pending claims do not preempt all ways of automated management of energy utilization or automated control of energy consuming devices and instead impose meaningful limits on any abstract idea and recite a particular arrangement of limitations that provides an inventive concept and technical improvement over conventional energy utilization and management methods.”
Examiner respectfully disagrees. Individually, the additional elements recited in the claims (“energy analysis computing device”, “electronically actuated switch”, “memory”, “processors”, “balancing authority server”, “application programming interface (API)”, “energy pricing server”, “communication network”, “user device”, “energy consuming device”, and “non-transitory computer-readable medium”) are routine and conventional in the energy industry (see Applicant Specification ¶ [0027-0033]. While the claims as a whole describe a technical solution to an entrepreneurial problem, i.e. “the claimed technology uses particular wind number values, solar boost values, thermal power resource data, and clean energy factor values to cause electronically actuated switches to selectively actuate energy consuming devices based on stored threshold values”, therefore reducing energy loss and optimizing clean energy utilization, insufficient technological detail is presented as to how the technology itself is improved. The recitation of claim limitations that attempt to cover an entrepreneurial and thus abstract solution to an entrepreneurial problem with insufficient technological details on how the technological result is accomplished and insufficient description of the mechanism for accomplishing the result do not provide significantly more than the judicial exception.
Accordingly, the previously pending rejections under 35 USC 101 will be maintained. The 101 rejection is updated in view of the amendments.
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Regarding Applicant’s remarks pertaining to 35 USC 103:
Applicant argues on page 13 of remarks 11/26/2025:
“Vardhan and Jia, alone or in combination, do not disclose or suggest, ‘send[ing] the local
clean energy factor value to the electronically actuated switch via the communication networks
and the secure communication network to cause the electronically actuated switch to actuate at
least one energy consuming device coupled to the electronically actuated switch via the secure
communication network,’ as recited by claims 1, 7, and 13.”
Examiner considers Applicant’s argument but respectfully disagrees. Examiner points to additional support from art reference Jia at ¶ [0097, 0175] in combination with primary art reference Vardhan which teaches the claim limitations as amended.
Applicant argues on page 14 of remarks 11/26/2025:
“Vardhan and Jia, alone or in combination, also do not disclose or suggest, ‘generat[ing] a regional clean energy factor value, based at least in part on the wind number value and the solar boost value, and a local clean energy factor value, based on the regional clean energy factor value and wholesale price data obtained via the communication networks and a second API provided by an energy pricing server,’ as recited by claims 1, 7, and 13.
Examiner considers Applicant’s argument but respectfully disagrees. Examiner points to additional support from art reference Jia at ¶ [0182, 0202] in combination with primary art reference Vardhan (¶ [0033, 0044, 0049]) which teaches the claim limitations as amended.
Accordingly, the rejection under 35 USC 103 is maintained as necessitated by the amendments. Additional details and citations are included in the 103 section below.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-18 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Claims 1-6 are directed to a device or machine which is a statutory category.
Claims 7-12 are directed to a method or process which is a statutory category.
Claims 13-18 are directed to a non-transitory computer-readable medium or article of manufacture which is a statutory category.
Step 2A Prong One: The claims recite, describe, or set forth a judicial exception of an abstract idea (see MPEP 2106.04(a)). Specifically, the claims recite, describe or set forth mitigating risks, agreements in the form of contracts, and legal obligations, including: “reducing local congestion and loss in electric power grids and optimizing clean energy utilization”, “generate a wind number value, based on wind generation data and thermal power resource data obtained via the communication networks and… a balancing authority… associated with an entity responsible for regional electric grid balancing, a solar boost value, based on solar power generation data obtained via the communication networks and the… balancing authority… and the thermal power resource data”, “wherein the wind generation data, thermal power resource data, and solar power generation data collectively comprise energy generation data representing a proportional source of generated energy”, “generate a wind number value… a solar boost value… and a regional clean energy factor value”, “generate… a local clean energy factor value based on the regional clean energy factor value and at least a portion of the wholesale price data”. Colleting energy generation source data, pricing data, environmental impact data, communicating the data to interested parties, and reducing the cost of wasted energy generation fall within mitigating risk as they pertain to fundamental economic principles or practices; and fall within agreements in the form of contracts and legal obligations as they pertain to commercial or legal interactions; all within the larger abstract grouping of Certain Methods of Organizing Human Activity (MPEP 2106.04(a)(2) II). Accordingly, the claims recite an abstract idea.
Step 2A Prong Two: Independent claims 1, 7, 13 recite the following additional elements: “energy analysis computing device”, “electronically actuated switch”, “memory”, “processors”, “balancing authority server”, “application programming interface (API)”, “energy pricing server”, “communication network”, “user device”, “energy consuming device”, and “non-transitory computer-readable medium”. The functions of these additional elements include examples such as reducing congestion and loss; optimizing clean energy utilization; obtaining data; generating wind number values, solar boost value, and clean energy factor values based on the data; communicating the values; and actuating a switch based on the values. The additional elements are recited at a high level of generality (i.e. as a generic computer performing functions of providing and collecting data, calculating metrics, communicating and presenting the data, actuating a switch, etc.) such that they amount to no more than mere instructions to apply the exception using generic computer components. Therefore, these functions can be viewed as not meaningfully different than a business method or mathematical algorithm being applied on a general-purpose computer as tested per MPEP 2106.05(f)(2)(i). Mere automation of a manual process alone, such as electronically actuating a switch to control a device (see MPEP 2106.05(a) iii), is not sufficient to show an improvement in computer functionality. Furthermore, the use of an API for communicating data in a network can be viewed as not meaningfully different than limiting the abstract idea of communicating of information to a particular technological environment (see MPEP 2106.05(h) iv, vi). The claims are directed to an abstract idea and the judicial exception does not integrate the abstract idea into a practical application.
Step 2B: According to MPEP 2106.05(f)(1), considering whether the claim recites only the idea of a solution or outcome i.e., the claims fail to recite the technological details of how the actual technological solution to the actual technological problem is accomplished. The recitation of claim limitations that attempt to cover an entrepreneurial and thus abstract solution to an entrepreneurial problem with no technological details on how the technological result is accomplished and no description of the mechanism for accomplishing the result do not provide significantly more than the judicial exception.
Dependent claims 5, 11, 17 recite the additional element “energy consumption data communication device”. The additional element is also recited at a high level of generality (i.e. as a generic computer performing functions of receiving data and performing a binary action based on the data, communicating data, etc.) such that they amount to no more than mere instructions to apply the exception using generic computer components.
Further, dependent claims 2-4, 6, 8-10, 12, 14-16, 18 merely incorporate the additional elements recited in claims 1, 7, 13 along with further narrowing of the abstract idea of claims 1, 7, 13 and their execution of the abstract idea. Specifically, the dependent claims narrow the “energy analysis computing device”, “memory”, “processors”, “balancing authority server”, “energy pricing server”, “communication network”, “user device”, “energy consuming device”, and “non-transitory computer-readable medium” to capabilities such as send, measure, comprise, obtain, determine, and generate various forms of data such as clean energy factor values, measures of electrical power, wholesale prices, loss, congestion, locational prices, energy consumption, real-time energy resource data, historical energy generation data, and energy resource forecast data, which , when evaluated per MPEP 2106.05(f)(2) represent mere invocation of computers to perform existing processes. Therefore, the additional elements recited in the claimed invention individually and in combination fail to integrate a judicial exception into a practical application (Step 2A prong two) and for the same reasons they also fail to provide significantly more (Step 2B). Thus, claims 1-18 are reasoned to be patent ineligible.
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REJECTIONS BASED ON PRIOR ART
Examiner Note: Some rejections will contain bracketed comments preceded by an “EN” that will denote an examiner note. This will be placed to further explain a rejection.
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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 of this title, 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-18 are rejected under 35 U.S.C. 103 as being unpatentable over:
Vardhan et al. US 20140324510 A1, hereinafter Vardhan in view of
Jia et al. US 20150094968 A1, hereinafter Jia. As per,
Regarding claims 1, 7, 13: Vardhan teaches:
(claim 1) A system for [..] optimizing clean energy utilization, the system comprising: an energy analysis computing device [..] / (claim 7) A method for [..] optimizing clean energy utilization (Vardhan ¶ [0005]: One implementation consists of a method for scheduling, on a telematics unit, recharging events for an electrically powered vehicle so as to maximize the ratio of energy used during the recharging that is generated from renewable sources to energy used during the recharging that is produced), the method implemented by an energy analysis computing device
(claim 13) One or more non-transitory computer-readable media (Vardhan ¶ [0006]: An additional implementation consists of a computer readable medium having stored thereon a set of computer executable instructions for scheduling, on a telematics unit [EN: computing device], recharging events for an electrically powered vehicle so as to maximize the ratio of energy used during the recharging that is generated from renewable sources to energy used during the recharging that is produced from non-renewable sources),
(claim 1) wherein the energy analysis computing device comprises memory having instructions stored thereon and one or more processors coupled to the memory and configured to execute the instructions to: / (claim 7) and comprising: (claim 13) comprising instructions for reducing local congestion and loss in electric power grids and optimizing clean energy utilization that, when executed by one or more processors, cause the processors to:
(claims 1, 13) generate / (claim 7) generating a wind number value, based on wind generation data and thermal power resource data obtained via the communication networks [..] provided by a balancing authority server associated with an entity responsible for regional electric grid balancing, a solar boost value, based on solar power generation data obtained via the communication networks [..] from the balancing authority server and the thermal power resource data, wherein the wind generation data, thermal power resource data, and solar power generation data collectively comprise energy generation data representing a proportional source of generated energy (Vardhan ¶ [0007]: A further implementation consists of a system for scheduling, on a telematics unit, recharging events for an electrically powered vehicle so as to maximize the ratio [EN: balance] of energy used during the recharging that is generated from renewable sources [EN: wind and solar] to energy used during the recharging that is produced from non-renewable sources [EN: thermal power], the system comprising a server [EN: balancing authority server] for receiving information pertaining to a renewable energy mixture provided by one or more utilities. Mid-¶ [0033]: Energy data can also be stored by geographic location [EN: region] or otherwise. ¶ [0041]: Turning now to FIG. 2, an example schematic diagram of the data stored in the renewable energy portion 147 of the databases 146 is depicted… In the example, the information stored in the renewable energy portion 147 would be present for a period on or about Sep. 29, 2013. FIG. 2 depicts an example set of renewable energy mixture data [EN: thermal energy and renewable energy data] for a period from 6:30:00 to 7:02:59 on Sep. 30, 2012. The example set of renewable energy mixture data includes fields for time interval, total amount of renewable energy available (in MW), total amount of energy available (MW) [EN: thermal energy plus renewable energy], and normalized value of renewable energy available. ¶ [0044]: Statistical data aggregated over a number of periods may provide evidence that a certain increase in wind speeds will produce a certain increase [EN: wind number value] in the amount of renewable energy available. Similarly, an increase in the amount of sunlight may be linked to a certain increase [EN: solar boost value] in the amount of renewable energy available. Mid-¶ [0056]: For example, information pertaining to the weather may be useful in fine tuning a forecast of the renewable energy mixture [EN: proportional source of generated energy] at some point in the future. Windy conditions may increase the amount of renewable energy available [EN: generated] if one or more utilities rely on windmills for energy generation. Cloudy conditions may decrease the amount of renewable energy available [EN: generated] if one or more utilities rely on solar energy);
(claims 1, 13) generate / (claim 7) generating a regional clean energy factor value based at least in part on the wind number value and the solar boost value (Vardhan Mid-¶ [0033]: Energy data can also be stored by geographic location or otherwise. ¶ [0044]: Statistical data aggregated over a number of periods may provide evidence that a certain increase in wind speeds will produce a certain increase [EN: wind number value] in the amount of renewable energy available. Similarly, an increase in the amount of sunlight may be linked to a certain increase [EN: solar boost value] in the amount of renewable energy available. Long term trends demonstrating a certain percent increase or decrease in renewable energy available from one year to the next may also be taken into account when generating a forecast. For example, generating a forecast may involve starting with the amount of renewable energy available for the same time period one year in the past and adjusting the values [EN: regional clean energy factor value] up by five percent to account for a trend of increased renewable energy being available for the current year relative to the past year); and
a local clean energy factor value based on the regional clean energy factor value and [..] price data obtained via the communication networks [..] (Vardhan mid-¶ [0033]: Energy data can also be stored by geographic location or otherwise. End-¶ [0049]: The forecast may include a total amount of energy generated, e.g. in MW, and a total amount of energy generated from renewable sources, e.g. in MW. The energy mix forecast [EN: local clean energy factor value] may alternatively include a total amount of energy generated from renewable sources, e.g. in MW, and a total amount of energy generated from non-renewable sources, e.g. in MW. The forecast may also include a price per unit energy); and
[..].
Although Vardhan teaches a system for optimizing clean energy utilization, obtaining energy generation data and price data, and using the price data in developing a clean energy factor value, Vardhan does not specifically teach reducing congestion and loss in power grids, actuating energy consumption devices with a switch, the price data being wholesale price data, or communicating over a network with an API.
However, Jia in analogous art of energy utilization optimization teaches or suggests:
(claim 1) A system for reducing local congestion and loss in electric power grids [..], the system comprising: an energy analysis computing device coupled to an electronically actuated switch by one or more communication networks and a secure communicate network / (claim 7) A method for reducing local congestion and loss in electric power grids [..] (Jia ¶ [0097]: Gateway iNode 310 could carry out the requested demand reduction in a variety of ways. It could direct one or more load iNodes 331 to interrupt their power (that is, to turn off their loads), to provide some of the required reduction. It could direct source iNode 322 to actuate its control of electrical source 332 in order to start the generator or to increase the amount of electricity it generates. It could even coordinate, over data network 301, with other gateway iNodes to request that they shed some of the load cooperatively. ¶ [0147]: For instance, it will not always be desirable to form tranches solely on the basis of environmental ratings, without consideration of risks such as the risk of failure to perform or the risk of infrastructure failures or congestion. Thus in many embodiments one or more of participant reliability ratings, environmental ratings and infrastructure reliability ratings will be combined into one or more composite ratings and used to assemble tranches and to make them available for sale. Mid-¶ [0175]: To mitigate congestion and loss problems, digital exchange 1000 packages and sells congestion and loss management securities that commit to automatically take actions of a specified magnitude whenever load factors on a specified plurality of grid elements (such as tie lines) exceed a specified level);
(claims 1, 13) generate / (claim 7) generating a [..] value [..] obtained via the [..] first application programming interface (API) [..], a [..] value, based on [..] power generation data obtained via [..] the first API [..] (See Jia description of an application programming interface between iNodes and server system at mid-¶ [0182]: This information can, according to the invention, be transmitted from transmission iNodes 2107 or distribution iNodes 2109, or both, using packet data network 301, to a server system connected to packet data network 301 via communications interface 1032. Once information from iNodes pertaining to either a transmission or a distribution network, or both (sometimes in terms of an effective end-to-end path from an energy source to an energy sink on a network, as in a fully nodal allocation system that allocates all costs, benefits, and externalities on a node-by-node basis throughout a network or a region of a network));
a [..] factor value based on [..] wholesale price data obtained via [..] a second API provided by an energy pricing server (See Jia description of multiple application programming interface between multiple iNodes and server system at mid-¶ [0182]: This information can, according to the invention, be transmitted from transmission iNodes 2107 or distribution iNodes 2109, or both, using packet data network 301, to a server system connected to packet data network 301 via communications interface 1032. Once information from iNodes pertaining to either a transmission or a distribution network, or both (sometimes in terms of an effective end-to-end path from an energy source to an energy sink on a network, as in a fully nodal allocation system that allocates all costs, benefits, and externalities on a node-by-node basis throughout a network or a region of a network. Mid-¶ [0202]: Additional contracts traded may also be reliant on energy or externality-related pricing, such as Energy Efficiency Asset-backed securities which depend on a value of energy savings as established from retail or wholesale pricing, at least in part, to provide cash flows to security holders. According to the invention, this graphical selection of listed assets is made possible by metadata stored on server system 2610 [EN: energy pricing server] and associated with given assets and products traded on digital exchange 1000 [EN: communication network]. This information is then provided to iNode or client system 2600 based on preferences input by a user of iNode or client system 2600, which preferences can be stored on server system 2610 of digital exchange 1000, or iNode or client system 2600, or both)).
(claims 1, 13) send / (claim 7) sending the [..] value to the electronically actuated switch via the communication networks and the secure communication network to cause the electronically actuated switch to actuate at least one energy consuming device coupled to the electronically actuated switch via the secure communication network (Jia ¶ [0097]: Gateway iNode 310 could carry out the requested demand reduction in a variety of ways. It could direct one or more load iNodes 331 to interrupt their power (that is, to turn off their loads), to provide some of the required reduction. It could direct source iNode 322 to actuate its control of electrical source 332 in order to start the generator or to increase the amount of electricity it generates. It could even coordinate, over data network 301, with other gateway iNodes to request that they shed some of the load cooperatively. Mid-¶ [0175]: To mitigate congestion and loss problems, digital exchange 1000 packages and sells congestion and loss management securities that commit to automatically take actions of a specified magnitude whenever load factors on a specified plurality of grid elements (such as tie lines) exceed a specified level).
Jia and Vardhan are found as analogous art of energy utilization optimization. It would have been obvious to one skilled in the art, before the effective filing date of the invention, to have modified Vardhan’s renewable energy source optimization system and method to have included Jia’s teachings around reducing congestion and loss in power grids, actuating energy consumption devices with a switch, the price data being wholesale price data, or communicating over a network with an API. The benefit of these additional features would have cost-efficiently optimized comfort levels for end users of generated and distributed energy (Jia ¶ [0027-0028]). The predictability of such modifications and/or variations, would have been corroborated by the broad level of skill of one of ordinary skills in the art as articulated by Vardhan in view of Jia (see MPEP 2143 G).
Further, the claimed invention could have also been viewed as a mere combination of old elements in a similar field of energy utilization optimization. In such combination each element would have merely performed the same function as it did separately. Thus, one of ordinary skill in the art would have recognized that, given existing technical ability to combine the elements, as evidenced by Vardhan in view of Jia above, the to- be combined elements would have fit together like pieces of a puzzle in a logical, complementary, technologically feasible and/or economically desirable manner. Thus, it would have been reasoned that the results of the combination would have been predictable (see MPEP 2143 A).
Regarding claims 2, 8, 14: Vardhan teaches all the limitations of claims 1, 7, 13 above.
Vardhan further teaches:
(claims 2, 14) send / (claim 8) sending a notification comprising the local clean energy factor value to a user device via the communication networks when the local clean energy factor value exceeds a threshold value to facilitate one or more of increased clean energy utilization or decreased energy cost to a user of the user device with respect to energy consuming devices associated with the user (Vardhan ¶ [0048]: At step 330, energy mixture based charging recommendations [EN: notifications] are generated based upon the energy data accessed at step 310 and the information pertaining to vehicle charging activities accessed at step 320. The charging recommendations may require additional input from the telematics unit before they are executable…. For example, the conditions for vehicle charging may require a higher renewable energy mixture threshold when the battery is at a high charge level and require a lower renewable energy mixture threshold when the battery is at a lower charge level or when the vehicle usage history or usage forecast indicates that there will be limited charging opportunities prior to anticipated battery depletion).
Regarding claims 3, 9, 15: Vardhan teaches all the limitations of claims 1, 7, 13 above.
Vardhan further teaches:
determine that the local clean energy factor exceeds a threshold value, wherein the local clean energy factor is received from the energy analysis computing device via the secure communication network and the communication networks (Vardhan mid-¶ [0048]: In other implementations, the charging recommendations define certain rules that the telematics unit can use to determine when charging events should take place. For example, the charging recommendations may establish logic that is evaluated by the telematics unit. The recommendations may provide that the vehicle may charge only during time intervals when the fraction of the total energy generated by renewable sources exceeds a predetermined threshold); and
[..].
Although Vardhan teaches a system for optimizing clean energy utilization, obtaining energy generation data and price data, and using the price data in developing a clean energy factor value, Vardhan does not specifically teach actuating energy consumption devices over a network.
However, Jia in analogous art of energy utilization optimization teaches or suggests:
actuate the energy consuming device via the secure communication network (Jia ¶ [0097]: Gateway iNode 310 could carry out the requested demand reduction in a variety of ways. It could direct one or more load iNodes 331 to interrupt their power (that is, to turn off their loads), to provide some of the required reduction. It could direct source iNode 322 to actuate its control of electrical source 332 in order to start the generator or to increase the amount of electricity it generates. Mid-¶ [0175]: To mitigate congestion and loss problems, digital exchange 1000 packages and sells congestion and loss management securities that commit to automatically take actions of a specified magnitude whenever load factors on a specified plurality of grid elements (such as tie lines) exceed a specified level [EN: threshold]).
Rationales for modifying / combining Vardhan / Jia are above in claims 1, 7, 13 and reincorporated.
Regarding claims 4, 10, 16: Vardhan / Jia teaches all the limitations of claims 1, 7, 13 above.
Although Vardhan teaches obtaining energy generation data and price data, Vardhan does not specifically teach the price data being wholesale price data or the price to include loss and congestion specific to a location.
However, Jia in analogous art of energy utilization optimization teaches or suggests:
the portion of the wholesale price data comprises a wholesale energy price including loss and congestion and corresponds to a locational marginal price (Jia mid-¶ [0175]: Such ‘congestion and loss securities’ are priced by digital exchange 1000 when placed on the exchange for initial purchase. Initial pricing of congestion and loss securities will depend on several factors and will typically be computed by pricing server 1900 as described above, using simulation or other approaches. Mid-¶ [0195]: The ability to allocate, and price, losses and marginal impacts on an interconnected grid network pertaining to each individual market transaction via digital exchange 1000 enables a homeostatic grid control mechanism to operate …. Network connected iNodes are capable of sensing power quality characteristics (frequency, voltage, phase, and so forth), as well as a wide variety of pricing signals either directly linked to an electric grid network (for example, location-based marginal prices). Mid-¶ [0202]: Additional contracts traded may also be reliant on energy or externality-related pricing, such as Energy Efficiency Asset-backed securities which depend on a value of energy savings as established from retail or wholesale pricing, at least in part, to provide cash flows to security holders).
Rationales for modifying / combining Vardhan / Jia are above in claims 1, 7, 13 and reincorporated.
Regarding claims 5, 11, 17: Vardhan / Jia teaches all the limitations of claims 1, 7, 13 above.
Although Vardhan teaches obtaining historical and forecasted energy generation data, Vardhan does not specifically teach obtaining and communicating energy consumption data at a specific device. Also, although Vardhan discusses reducing energy costs, Vardhan does not explicitly teach determining specific cost savings based on price and consumption data.
However, Jia in analogous art of energy utilization optimization teaches or suggests:
(claims 5, 17) obtain / (claim 11) obtaining energy consumption data via the communication networks and an energy consumption data communication device coupled to the energy consuming device (Jia mid-¶ [0125]: In some cases, homes 1110a may only pass aggregate electricity consumption data to a digital exchange 1100 from a smart meter 1112 [EN: consumption data communication device], either via the Internet 1101 or a special-purpose data communications network adapted for communications between smart meters 1112 and utility-based data systems); and
determine (claims 5, 17) / (claim 11) determining a cost savings over a historical time period based on the wholesale price data and the energy consumption data (Jia mid-¶ [0202]: Additional contracts traded may also be reliant on energy or externality-related pricing, such as Energy Efficiency Asset-backed securities which depend on a value of energy savings as established from retail or wholesale pricing, at least in part, to provide cash flows to security holders. Mid-¶ [0229]: System according to the invention are strongly differentiated from existing solutions that focus on traditional technical metrics such as kilowatt-hours kW-h by its capability to relate energy consumption or cost-savings, or both, to business processes, user comfort, or other metrics, thus enabling users to make effective decisions).
Jia and Vardhan are found as analogous art of energy utilization optimization. It would have been obvious to one skilled in the art, before the effective filing date of the invention, to have modified Vardhan’s renewable energy source optimization system and method to have included Jia’s teachings around obtaining and communicating energy consumption data at a specific device and determining specific cost savings based on price and consumption data. The benefit of these additional features would have cost-efficiently optimized comfort levels for end users of generated and distributed energy. (Jia ¶ [0027-0028]). The predictability of such modifications and/or variations, would have been corroborated by the broad level of skill of one of ordinary skills in the art as articulated by Vardhan in view of Jia (see MPEP 2143 G).
Further, the claimed invention could have also been viewed as a mere combination of old elements in a similar field of energy utilization optimization. In such combination each element would have merely performed the same function as it did separately. Thus, one of ordinary skill in the art would have recognized that, given existing technical ability to combine the elements, as evidenced by Vardhan in view of Jia above, the to- be combined elements would have fit together like pieces of a puzzle in a logical, complementary, technologically feasible and/or economically desirable manner. Thus, it would have been reasoned that the results of the combination would have been predictable (see MPEP 2143 A).
Regarding claims 6, 12, 18: Vardhan / Jia teaches all the limitations of claims 1, 7, 13 above.
Vardhan further teaches:
[..] first processors are further configured to execute first instructions to generate the regional clean energy factor further based on one or more of historical energy generation data, the real-time energy resource data, or energy resource forecast data (Vardhan mid-¶ [0033]: In some implementations, the renewable energy portion 147 stores raw data representing a history of the energy mixture provided by one or more utilities and a forecast of the energy mixture one or more utilities will provide in the future).
Although Vardhan teaches generating a clean energy factor based on historical and forecasted energy generation data, Vardhan does not specifically teach the energy generation data being comprised of real-time energy resource data.
However, Jia in analogous art of energy utilization optimization teaches or suggests:
the energy generation data comprises real-time energy resource data [..] (Jia mid-¶ [0128]: In this manner, data recorded and processed according to the invention may be utilized to drive adjustments to devices or systems "on the fly", in a real-time or scheduled manner in reaction to the recorded data or analysis or processing of the data…. For example, based on recorded data, optimizations may be performed by adjusting heating or cooling settings (such as changing temperature set points or operating ranges), adjusting lighting controls such as brightness or hue, or adjusting air quality such as by controlling the amount of ventilation or filtration being utilized. In this manner, adjustments may be made to optimize not only for traditional factors such as cost savings or energy efficiency, but particularly with regard to perceived comfort levels, for example as may be desirable in residential settings).
Jia and Vardhan are found as analogous art of energy utilization optimization. It would have been obvious to one skilled in the art, before the effective filing date of the invention, to have modified Vardhan’s renewable energy source optimization system and method to have included Jia’s teachings around the energy generation data being comprised of real-time energy resource data. The benefit of these additional features would have cost-efficiently optimized comfort levels for end users of generated and distributed energy. (Jia ¶ [0027-0028]). The predictability of such modifications and/or variations, would have been corroborated by the broad level of skill of one of ordinary skills in the art as articulated by Vardhan in view of Jia (see MPEP 2143 G).
Further, the claimed invention could have also been viewed as a mere combination of old elements in a similar field of energy utilization optimization. In such combination each element would have merely performed the same function as it did separately. Thus, one of ordinary skill in the art would have recognized that, given existing technical ability to combine the elements, as evidenced by Vardhan in view of Jia above, the to- be combined elements would have fit together like pieces of a puzzle in a logical, complementary, technologically feasible and/or economically desirable manner. Thus, it would have been reasoned that the results of the combination would have been predictable (see MPEP 2143 A).
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Conclusion
The following art is made of record and considered pertinent to Applicant’s disclosure:
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THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/REED M. BOND/Examiner, Art Unit 3624 February 11, 2026
/HAMZEH OBAID/Primary Examiner, Art Unit 3624 February 11, 2026