DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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: the “energy control platform, units” in claim 1 and 11.
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.
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.
Claim limitation “energy control platform” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function.
The energy control platform of claim 1, wherein an asset manager of the plurality of asset managers is configured to dynamically regulate at least one of energy consumption or energy production of a corresponding asset vault.
The energy control platform of claim 2, wherein the asset manager is further configured to create a virtual battery based on the dynamic regulation of the at least one of the energy consumption or the production of the corresponding asset vault, wherein the virtual battery is a logical collection of physical storage, production and consumption devices.
The energy control platform of claim 3, wherein the asset manager of the plurality of asset managers is configured to control the corresponding asset vault to delay the at least one of the energy consumption or the production at a specific time to balance energy usage of a corresponding energy grid to which the corresponding asset vault is connected.
The energy control platform of claim 1, wherein the completion of the one or more transactions is facilitated through smart contracts.
The energy control platform of claim 1, the completion of the one or more transactions is facilitated through smart contracts
Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
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;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, 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 and clearly links them to the function 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(o) and 2181.
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.
Claim 9, 11 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 9 and 11,13, (21 and 23) read as follows:
[Claim 9] The energy control platform of claim 1, wherein the location of energy requirement or availability is governed by energy network providers? regulations.
“governed by energy network providers? regulations” is indefinite and/or a typographical error.
[Claim 11] The energy control platform of claim 10, wherein the smart contracts are deployed on a blockchain network, on SQL database, or other data processing and storage technologies.
“other data processing” is vague and indefinite.
[Claim 13] The energy control platform of claim 1, wherein the exchange unit is further configured to facilitate micro-transactions of energy assets between participants of the matched asset manager pools.
A mico-transaction is vague and indefinite as to its scope.
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 1-23 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claim(s) recite(s) the abstract idea of aggregating production and consumption proposals of electricity and collecting bids for the same. This judicial exception is not integrated into a practical application and does not include additional elements that are sufficient to amount to significantly more than the judicial exception for the reasons that follow.
.
Eligibility Analysis, Step 1
Regarding claims 1-23, the claims are each directed to one of the four statutory categories of invention. As such, the analysis proceeds to Step 2. The 2019 Patent Subject Matter Eligibility Guidance (“2019 PEG”) sets forth a revised Step 2A analysis which includes a two-prong inquiry.
Eligibility Analysis, Step 2A Prong One
Prong one consists of determining if the claims recite a judicial exception, which includes abstract ideas, laws of nature, and natural phenomenon. Groupings of abstract ideas may include mathematical concepts, mental processes, and certain methods of organizing human activity. Here, claim 11 is the representative claim which comprises the following:
analyzing, by a plurality of control units, a plurality of parameters associated with the plurality of asset managers, wherein the plurality of parameters comprises timing information, energy-type and location of energy requirement or availability;
categorizing, by the plurality of control units, the plurality of asset managers into a plurality of asset manager pools based on the plurality of parameters;
computing, by the plurality of control units, an aggregate production and consumption proposal corresponding to each asset manager pool of the plurality of asset manager pools;
computing, by the plurality of control units, one or more bids for each asset manager pool for the corresponding aggregate production and consumption proposal;
receiving, by an exchange unit, the one or more bids corresponding to the plurality of asset manager pools from the plurality of control units;
identifying, by the exchange unit, one or more other asset manager pools matching the aggregate production and consumption proposal of an asset manager pool based on the plurality of parameters;
placing, by the exchange unit, bids for the aggregate production and consumption proposal corresponding to the one or more other asset manager pools; and
completing, by the exchange unit, one or more transactions upon acceptance of the bids by the one or more asset manager pools.
The unbolded steps above describe a fundamental economic practice, commercial interactions, and managing interactions between people, and therefore a certain method of organizing human activity. Further, the limitations, as drafted, describe a process that, under its broadest reasonable interpretation, covers performance of the limitation by a human analog but for the recitation of generic computer components. That is, other than the recitation of the account database, receiving device, querying module of the processing server, and control module of the processing server, nothing in the claims precludes the steps from practically being performed by a human analog. For example, but for this language, the claim encompasses performing periodic savings with transaction controls by a human analog. Here, the mere nominal recitation of the generic computer components does not take the claim limitation out of the “certain methods of organizing human activity” grouping. As such, the claims recite an abstract idea under prong one. The analysis proceeds to Step 2A Prong Two.
Eligibility Analysis, Step 2A Prong Two
Prong two consists of determining whether the claim recites additional elements that integrate the judicial exception into a practical application. The claim recites the following additional elements:
a plurality of control units connected to a grid
asset managers
exchange unit
The additional elements in the claims amount to no more than mere instructions to apply the exception using generic computer components. They do not integrate the judicial exception into a practical application because they do not impose any meaningful limits on practicing the abstract idea. As such, the claims are directed to the abstract idea. The analysis proceeds to Step 2B.
Eligibility Analysis, Step 2B
Step 2B consists of determining whether the claim provides an inventive concept by considering whether the additional elements go beyond what is well-understood, routine, and conventional activity.
The courts have recognized the following computer functions as well‐understood, routine, and conventional functions when they are claimed in a merely generic manner (e.g., at a high level of generality) or as insignificant extra-solution activity (see MPEP 2106; see also USPTO: July 2015 Update: Subject Matter Eligibility):
i. Receiving or transmitting data over a network, e.g., using the Internet to gather data, Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362 (utilizing an intermediary computer to forward information); TLI Communications LLC v. AV Auto. LLC, 823 F.3d 607, 610, 118 USPQ2d 1744, 1745 (Fed. Cir. 2016) (using a telephone for image transmission); OIP Techs., Inc., v. Amazon.com, Inc., 788 F.3d 1359, 1363, 115 USPQ2d 1090, 1093 (Fed. Cir. 2015) (sending messages over a network); buySAFE, Inc. v. Google, Inc., 765 F.3d 1350, 1355, 112 USPQ2d 1093, 1096 (Fed. Cir. 2014) (computer receives and sends information over a network); but see DDR Holdings, LLC v. Hotels.com, L.P., 773 F.3d 1245, 1258, 113 USPQ2d 1097, 1106 (Fed. Cir. 2014) (“Unlike the claims in Ultramercial, the claims at issue here specify how interactions with the Internet are manipulated to yield a desired result‐‐a result that overrides the routine and conventional sequence of events ordinarily triggered by the click of a hyperlink.” (emphasis added));
ii. Performing repetitive calculations, Flook, 437 U.S. at 594, 198 USPQ2d at 199 (recomputing or readjusting alarm limit values); Bancorp Services v. Sun Life, 687 F.3d 1266, 1278, 103 USPQ2d 1425, 1433 (Fed. Cir. 2012) (“The computer required by some of Bancorp’s claims is employed only for its most basic function, the performance of repetitive calculations, and as such does not impose meaningful limits on the scope of those claims.”);
iii. Electronic recordkeeping, Alice Corp., 134 S. Ct. at 2359, 110 USPQ2d at 1984 (creating and maintaining “shadow accounts”); Ultramercial, 772 F.3d at 716, 112 USPQ2d at 1755 (updating an activity log);
iv. Storing and retrieving information in memory, Versata Dev. Group, Inc. v. SAP Am., Inc., 793 F.3d 1306, 1334, 115 USPQ2d 1681, 1701 (Fed. Cir. 2015); OIP Techs., 788 F.3d at 1363, 115 USPQ2d at 1092-93;
In the case of the instant claims, the generic application of the computing devices similarly does not make the invention patent-eligible. Note that the disclosure recites general computer products which are suitable to perform the claimed method (see eg. para. 0034). Moreover, the specification does not contribute any technically-specific computer algorithm or code, but rather merely states that the claimed steps may be performed by the generic modules with the expectation that one of ordinary skill in the art would be capable of implementation without further instruction. The use of computing devices in this manner is merely what computers do, ie. performing repetitive calculations, receiving, processing, and storing data, and automating mental tasks, and does not change the analysis. Whilst the implementation of such a solution may include the use of generic technical features, these merely serve their well-understood functions as would be recognized by one of ordinary skill in the art in the technical field under consideration. As such, the claims' invocation of the computer merely amounts to the limiting of the use of the abstract idea to a particular technological environment.
Here, the involvement of the generic computer products does not amount to significantly more than the abstract idea because the mere recitation of a generic computer cannot transform a patent-eligible abstract idea into a patent-eligible invention. The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional elements when considered both individually and as an ordered combination do not amount to significantly more than the abstract idea. The computer components are recited at a high level of generality and are recited as performing generic computer functions routinely used in computer applications. Generic computer components recited as performing generic computer functions that are well-understood, routine and conventional activities amount to no more than implementing the abstract idea with a computerized system. The use of generic computer components in this manner does not impose any meaningful limit on the computer implementation of the abstract idea. Thus, taken alone, the additional elements do not amount to significantly more than the above-identified judicial exception (the abstract idea). Looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually. There is no indication that the combination of elements improves the functioning of a computer or improves any other technology. Their collective functions merely provide conventional computer implementation.
As discussed with respect to Step 2A Prong Two, the additional elements in the claims amount to no more than mere instructions to apply the exception using generic computer components. The additional elements are recited at a high level of generality, as discussed above. The same analysis applies here in Step 2B, i.e., mere instructions to apply an exception using a generic computer component cannot integrate a judicial exception into a practical application at Step 2A or provide an inventive concept in Step 2B.
Independent claim 15 recites substantially similar limitations as independent claim 1 and is rejected accordingly. Dependent claims 2-14 and 16-23 do not remedy the deficiencies of the independent claims and are rejected accordingly. In this case, all claims have been reviewed and are found to be substantially similar and linked to the same abstract idea (see Content Extraction and Transmission LLC v. Wells Fargo (Fed. Cir. 2014)).
Claim Rejections - 35 USC § 102
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.
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.
Claim(s) 1-5 , 7-18, 20-23 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Crabtree US Patent Pub 20100332373.
Claim 1 a plurality of asset vaults connected to an energy grid, wherein each participant of the plurality of participants is associated with a corresponding asset vault configured to consume energy, produce energy, and store energy; [0089] (reads on electrical home)
Claim 1
a plurality of asset managers connected via an overlay communication network, wherein an asset vault is managed by a dedicated asset manager of the plurality of asset managers; Figure 3 [321(a)] [0089] In other embodiments, local network 302 may be identical with external data network 301, as when each source iNode 322 and load iNode 321 is directly connected either to the Internet or to a neighborhood or building-wide (as where the group of iNodes shown in FIG. 3 belongs to a tenant in a commercial building or an apartment building) wireless data network.
a plurality of control units, wherein a control unit of the plurality of control units is configured to:
analyze a plurality of parameters associated with the plurality of asset managers, wherein the plurality of parameters comprises timing information, energy-type and location of energy requirement or availability; [0091] For example, in some embodiments software 315 receives (via local network interface 313) updates from local load iNodes 321 and source iNodes 322 concerning their state; example of such updates include current, voltage, frequency, true and reactive power readings, as well as settings of control elements such as switches. Updates may be sent from local iNodes on a regular basis, for example every 15 seconds, or when a value changes by some specified minimum amount, for example when changed by more than 10% from average of last five readings, or when polled by software 315. Software 315 in some embodiments sends control signals to control elements associated with local iNodes. For example, in response to a signal received from data network 301, software 315 could automatically shed some or most electrical loads under its control (that is, controlled by actuators or control elements in turn controlled by one of its child load iNodes 321a-c) by sending signals to the appropriate load iNodes instructing them to interrupt current to one or more of their controlled loads.
categorize the plurality of asset managers into a plurality of asset manager pools based on the plurality of parameters; [0089] [0089] Also, some iNodes 321 may be coupled to a plurality of electrical loads 331, while others may (as shown) only couple to one.
compute an aggregate production and consumption proposal corresponding to each asset manager pool of the plurality of asset manager pools; [0091] In these embodiments, gateway iNode 310 becomes a key element of a system that enables dispatched electricity supply or demand management, as it is adapted to be connected via data network 301 to one or more dispatchers, to process received signals in order to determine precisely what is to be done locally, and to carry out the requested actions by sending control signals to one or more child iNodes associated with it (generally in the same household, or tenant); it is also adapted for being a data collection element of a larger system by managing the collection of operating data from all of its child iNodes, processing that data as by aggregating it, and passing the data "upstream" via data network 301 to other system elements that may for example aggregate data from a large number of gateways 315.
compute one or more bids for each asset manager pool for the corresponding aggregate production and consumption proposal; [0203]
an exchange unit, where in the exchange unit is configured to:
receive the one or more bids corresponding to the plurality of asset manager pools from the plurality of control units;
identify one or more other asset manager pools to match the aggregate production and consumption proposal of an asset manager pool based on the plurality of parameters;
place bids for the aggregate production and consumption proposal corresponding to the one or more other asset manager pools; and
complete one or more transactions upon acceptance of the bids by the one or more asset manager pools. [0203] [0204]Many well-known market mechanisms exist for managing commodity and online retail market that may be used by digital exchange 1000 according to the invention, and without departing from the scope of the invention. For example, while auction-type bidding for particular classes of capacity are possible, both with and without explicit inclusion of transmission-related costs associated with path-dependent losses and externalities along computed virtual transmission paths, it is equally possible, according to the invention, for digital exchange 1000 to carry out routine matching-type trading operations to connect sources and sinks while allocating transmission-related losses and externalities. When a sufficiently large number of market participants exists to ensure adequate liquidity, various bid-and-offer systems are envisioned in which digital exchange 1000 matches bids and offers to complete trades, possibly including market-level optimization of externalities or market-based stability constraints. That is, while carrying out routine trading operations in a manner analogous to those performed on established commodities exchanges, digital exchange 1000 of the invention may also preferentially match acceptable bids and offers such that, based on computations by simulation and modeling server 2300 (and possibly also or alternatively statistics server 1030), overall system stability is improved. For instance, when several acceptable bids are available to match to a given offer, digital exchange 1000 may select that bid to match which, taken in context of all other nearly simultaneous bids and offers being matched, will lead to the lowest overall transmission losses, or the highest overall power quality, or the best overall satisfaction of regulatory constraints, or a minimum overall environmental impact, or any combination of these and other similar factors.
[0204] According to another preferred embodiment of the invention, and referring to FIG. 26, an order to buy or sell a product listed on digital exchange 1000 is initiated by a client system or iNode 2600 (e.g. a Trader iNode 1033a or a Home iN
[Claim 2] The energy control platform of claim 1, wherein an asset manager of the plurality of asset managers is configured to dynamically regulate at least one of energy consumption or energy production of a corresponding asset vault. [0222] Additional preference setting features can include additional attributes or affinities related to control of energy consumption,
[Claim 3] The energy control platform of claim 2, wherein the asset manager is further configured to create a virtual battery based on the dynamic regulation of the at least one of the energy consumption or the production of the corresponding asset vault, wherein the virtual battery is a logical collection of physical storage, production and consumption devices. [0222] reads on bins For example, it is possible that a user can create "bins" relating to particular energy types they wish to utilize to operate given devices and specify that such devices only run on such energy types (e.g. produced locally or solar only).
[Claim 4] The energy control platform of claim 3, wherein the asset manager of the plurality of asset managers is configured to control the corresponding asset vault to delay the at least one of the energy consumption or the production at a specific time to balance energy usage of a corresponding energy grid to which the corresponding asset vault is connected. [0273] It is possible to connect forward forecasts related to transformation events affecting a power grid that can be balanced using a MEDS platform
[Claim 7] The energy control platform of claim 1, wherein the timing information of energy requirement or availability comprises real-time consumption requirements and production offers, and future consumption requirements and production offers. [0107]
[Claim 8] The energy control platform of claim 1, wherein the energy-type of energy requirement or availability comprises a wind-based energy production, a solar-based energy production, hydro-based energy production, nuclear based energy production, and a coal-based energy production. [0010] (such as microturbines powered by wind, or solar panels on a roof, or plug-in electric hybrid vehicles that could add energy to the grid when needed)
[Claim 9] The energy control platform of claim 1, wherein the location of energy requirement or availability is governed by energy network providers or (assumed) regulations. [0184] confirm acceptance of regulations,
[Claim 10] The energy control platform of claim 1, wherein the completion of the one or more transactions is facilitated through smart contracts. [0209] as claimed reads on any contract a participant graphically selects energy contracts
[Claim 11] The energy control platform of claim 10, wherein the smart contracts are deployed on a blockchain network, on SQL database, or other data processing and storage technologies. [0212] transaction database 1021,
[Claim 12] The energy control platform of claim 10 further comprising generating an automatic contract between the matched asset manager pools upon completion of a transaction. [0199] These rights may or may not have a hierarchy upon their issuance, but a secondary market can not only be utilized to provide a liquid marketplace capable of increasing market participant flexibility and reducing congestion, but can also be used to create a hierarchy of transmission rights that utilizes "tiers" or classes within each type of right (e.g. Physical, Financial, or Contracts for Differences).
[Claim 13] The energy control platform of claim 1, wherein the exchange unit is further configured to facilitate micro-transactions of energy assets between participants of the matched asset manager pools.
[0202] 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 whereby a diverse group of market participants' individual interests provide sufficient grid stability and efficiency to no longer require active management, even though they may continue to require regulatory oversight and monitoring
[Claim 14] The energy control platform of claim 13, wherein the exchange unit is further configured to transfer the corresponding energy assets between the corresponding asset vaults of the asset managers of the matched asset manager pools using corresponding energy grids. [0204] Server system 2610 receives requests and combines client and event information associated with relevant client identifiers and energy resource identifiers into or with a given future or real-time energy security in accordance with stored billing, payment, account, or legal contract information whereby a client affects underlying energy or financial assets directly purchased or contained in a purchased security or basket of securities by initiation of an execution order from iNode or client system 2600 via an execution button, user motion, or signal. According to the invention, iNode or client system 2600 can also be a server for a subsidiary network itself. Communication between the various components referred to can, as is common in client-server environments, occur through the Internet 1101, a dedicated private network, or any other similar communications network.
Claim 15 analyzing, by a plurality of control units, a plurality of parameters associated with the plurality of asset managers, wherein the plurality of parameters comprises timing information, energy-type and location of energy requirement or availability; 0091] For example, in some embodiments software 315 receives (via local network interface 313) updates from local load iNodes 321 and source iNodes 322 concerning their state; example of such updates include current, voltage, frequency, true and reactive power readings, as well as settings of control elements such as switches. Updates may be sent from local iNodes on a regular basis, for example every 15 seconds, or when a value changes by some specified minimum amount, for example when changed by more than 10% from average of last five readings, or when polled by software 315. Software 315 in some embodiments sends control signals to control elements associated with local iNodes. For example, in response to a signal received from data network 301, software 315 could automatically shed some or most electrical loads under its control (that is, controlled by actuators or control elements in turn controlled by one of its child load iNodes 321a-c) by sending signals to the appropriate load iNodes instructing them to interrupt current to one or more of their controlled loads.
categorize the plurality of asset managers into a plurality of asset manager pools based on the plurality of parameters; [0089] [0089] Also, some iNodes 321 may be coupled to a plurality of electrical loads 331, while others may (as shown) only couple to one.
categorizing, by the plurality of control units, the plurality of asset managers into a plurality of asset manager pools based on the plurality of parameters; [0091] In these embodiments, gateway iNode 310 becomes a key element of a system that enables dispatched electricity supply or demand management, as it is adapted to be connected via data network 301 to one or more dispatchers, to process received signals in order to determine precisely what is to be done locally, and to carry out the requested actions by sending control signals to one or more child iNodes associated with it (generally in the same household, or tenant); it is also adapted for being a data collection element of a larger system by managing the collection of operating data from all of its child iNodes, processing that data as by aggregating it, and passing the data "upstream" via data network 301 to other system elements that may for example aggregate data from a large number of gateways 315.
computing, by the plurality of control units, an aggregate production and consumption proposal corresponding to each asset manager pool of the plurality of asset manager pools; [0204] The order or request (to buy or sell, etc.) is executed by server system 2610 based on client information stored on or accessible to server system 2610, including identification of a particular client system or iNode 2600 and energy resources
computing, by the plurality of control units, one or more bids for each asset manager pool for the corresponding aggregate production and consumption proposal;
receiving, by an exchange unit, the one or more bids corresponding to the plurality of asset manager pools from the plurality of control units; [0013][0203] When a sufficiently large number of market participants exists to ensure adequate liquidity, various bid-and-offer systems are envisioned in which digital exchange 1000 matches bids and offers to complete trades, possibly including market-level optimization of externalities or market-based stability constraints. That is, while carrying out routine trading operations in a manner analogous to those performed on established commodities exchanges, digital exchange 1000 of the invention may also preferentially match acceptable bids and offers such that, based on computations by simulation and modeling server 2300 (and possibly also or alternatively statistics server 1030), overall system stability is improved. For instance, when several acceptable bids are available to match to a given offer,]
identifying, by the exchange unit, one or more other asset manager pools matching the aggregate production and consumption proposal of an asset manager pool based on the plurality of parameters;
placing, by the exchange unit, bids for the aggregate production and consumption proposal corresponding to the one or more other asset manager pools; and
completing, by the exchange unit, one or more transactions upon acceptance of the bids by the one or more asset manager pools. [0203] [0204]Many well-known market mechanisms exist for managing commodity and online retail market that may be used by digital exchange 1000 according to the invention, and without departing from the scope of the invention. For example, while auction-type bidding for particular classes of capacity are possible, both with and without explicit inclusion of transmission-related costs associated with path-dependent losses and externalities along computed virtual transmission paths, it is equally possible, according to the invention, for digital exchange 1000 to carry out routine matching-type trading operations to connect sources and sinks while allocating transmission-related losses and externalities. When a sufficiently large number of market participants exists to ensure adequate liquidity, various bid-and-offer systems are envisioned in which digital exchange 1000 matches bids and offers to complete trades, possibly including market-level optimization of externalities or market-based stability constraints. That is, while carrying out routine trading operations in a manner analogous to those performed on established commodities exchanges, digital exchange 1000 of the invention may also preferentially match acceptable bids and offers such that, based on computations by simulation and modeling server 2300 (and possibly also or alternatively statistics server 1030), overall system stability is improved. For instance, when several acceptable bids are available to match to a given offer, digital exchange 1000 may select that bid to match which, taken in context of all other nearly simultaneous bids and offers being matched, will lead to the lowest overall transmission losses, or the highest overall power quality, or the best overall satisfaction of regulatory constraints, or a minimum overall environmental impact, or any combination of these and other similar factors. [0204] According to another preferred embodiment of the invention, and referring to FIG. 26, an order to buy or sell a product listed on digital exchange 1000 is initiated by a client system or iNode 2600 (e.g. a Trader iNode 1033a or a Home iN
[Claim 16] The method of claim 15, wherein an asset manager of the plurality of asset managers is configured to dynamically regulate energy consumption and/or energy production of a corresponding asset vault. [0222] Within each frame, a residential user might have four bins with which to specify preferences for control or trading of their energy assets during that frame: "never control", "control whenever", "control for short periods", and "control only if not present".
[Claim 17] The method of claim 15, wherein the asset manager is further configured to create a virtual battery in response to dynamically regulating energy consumption and production of the corresponding asset vault, wherein the virtual battery is a logical collection of physical storage, production and consumption devices. See claim 3
[Claim 18] The method of claim 17, wherein the asset manager of the plurality of asset managers is configured to control the corresponding asset vault to delay the energy consumption or production at specific time to balance energy usage of a corresponding energy grid to which the corresponding asset vault is connected. See claim 4
[Claim 20] The method of claim 15, wherein the placing bids comprises calculating a pricing recommendation or matching for bids placed on behalf of asset manager pools or asset managers, based on market conditions and historical transaction data.
[Claim 21] The method of claim 15 wherein completion of the one or more transactions are facilitated through smart contracts. See claim 10
[Claim 22] The method of claim 15, wherein the completion of the one or more transactions comprises generating an automatic contract between the matched asset manager pools upon completion of a transaction. See claim 12
[Claim 23] The method of claim 15, wherein the completion of the one or more transactions further comprises facilitating micro-transactions of energy assets between participants of the matched asset manager pools, wherein the micro-transactions include transferring the corresponding energy assets between the matched asset managers using the energy grid. See claim 13
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.
Claim(s) 5 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Crabtree US Patent Pub 20100332373.
Crabtree fail to expressly teach
[Claim 5] (and claim 19) The energy control platform of claim 2, wherein the plurality of asset managers is configured to delay the energy consumption or production of their corresponding asset vaults at specific parts of the energy grid to facilitate transfer of energy to other grid localities.
Crabtree does teach [0273] Due to a MEDS system's ability to control load in a decentralized but precise manner, systems according to the invention are able to provide such services with quantifiable levels of risk. According to the invention, this enables a MEDS system to offer such services directly into power markets or to provide services directly to entities controlling or possessing energy transformation assets which are in need of shaping and storage. It would have been obvious to control the load at certain parts of the grid as grid stress is the market pressure being solved in the reference. When there is a design need or market pressure to solve a problem and there are a finite number of identified, predictable solutions, a person of ordinary skill has good reason to pursue the known options within his or her technical grasp. If this leads to the anticipated success, it is likely the product not of innovation but of ordinary skill and common sense. In that instance the fact that a combination was obvious to try might show that it was obvious under §103."). Thus, after KSR, the presence of a known result-effective variable would be one, but not the only, motivation for a person of ordinary skill in the art to experiment to reach another workable product or process.
Claim 6 is not rejected under 102 and/or 103.
[Claim 6] The energy control platform of claim 1, wherein the control unit is further configured to employ a clustering algorithm, to categorize the plurality of asset managers into the plurality of asset manager pools, based on energy information and the plurality of parameters associated with each asset manager of the plurality of asset managers, wherein energy information corresponding to each asset manager of the plurality of asset managers comprises one of a consumption requirement or a production offer of a participant of the plurality of participants.
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to RICHARD C WEISBERGER whose telephone number is (571)272-6753. The examiner can normally be reached Monday - Thursday 10AM-8PM PCT.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, MIchael Anderson can be reached at 571-270-0508. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
RICHARD C. WEISBERGER
Examiner
Art Unit 3693
/RICHARD C WEISBERGER/Primary Examiner, Art Unit 3693 Any inquiry concerning this communication or earlier communications from the examiner should be directed to RICHARD C WEISBERGER whose telephone number is (571)272-6753. The examiner can normally be reached Monday - Thursday 10AM-8PM PCT.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, MIchael Anderson can be reached at 571-270-0508. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
RICHARD C. WEISBERGER
Examiner
Art Unit 3693
/RICHARD C WEISBERGER/Primary Examiner, Art Unit 3693
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