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 .
Drawings
The drawings are objected because graphs in Figures 1, 2, 3, 4, and 7 are not properly labeled.
No new matter should be entered. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objections to the drawings will not be held in abeyance.
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 1-12 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
As to claim 1, the claim recites “A computer-implemented method for determining an energy ratio for a consumed energy comprising:
providing an energy network model configured to describe an energy flow between a plurality of assets in an energy network, wherein at least one asset of the plurality of assets consumes energy, wherein the energy network comprises further as assets a first energy source and a second energy source, wherein the energy flow comprises a first energy flow from the first energy source and a second energy flow from the second energy source;
receiving a load demand data for the energy network and power source data for the energy network generated by the first energy source;
controlling and tracking the first energy flow from the first energy source to the plurality of assets in the energy network and the second energy flow from the second energy source to the plurality of assets in the energy network based on the energy network model and the received load demand data and the received power source data;
tracking one or more consuming times of the at least one energy consuming asset,
determining an energy ratio for the at least one energy consuming asset based on the tracked first energy flow and the second energy flow and the tracked consuming time of the at least one energy consuming asset; and
providing the determined energy ratio for further processing.”
Under the Step 1 of the eligibility analysis, we determine whether the claim is directed to a statutory category by considering whether the claimed subject matter falls within the four statutory categories of patentable subject matter identified by 35 U.S.C. 101: Process, machine, manufacture, or composition of matter. The above claim is considered to be in a statutory category (process for claim 1).
Under the Step 2A, Prong One, we consider whether the claim recites a judicial exception (abstract idea). In the above claim, the bold type portion constitutes an abstract idea because, under a broadest reasonable interpretation, it recites limitations that fall into/recite an abstract idea exceptions. Specifically, under the 2019 Revised Patent Subject matter Eligibility Guidance, it falls into the grouping of subject matter when recited as such in a claim that covers mathematical concepts (mathematical relationships, mathematical formulas or equations, mathematical calculations).
In claim 1, the steps identified in bold type are mathematical concepts, therefore, they are considered to be abstract idea.
Next, under the Step 2A, Prong Two, we consider whether the claim that recites a judicial exception is integrated into a practical application.
In this step, we evaluate whether the claim recites additional elements that integrate the exception into a practical application of that exception.
The claim comprises the following additional elements:
providing an energy network model configured to describe an energy flow between a plurality of assets in an energy network, wherein at least one asset of the plurality of assets consumes energy, wherein the energy network comprises further as assets a first energy source and a second energy source, wherein the energy flow comprises a first energy flow from the first energy source and a second energy flow from the second energy source; receiving a load demand data for the energy network and power source data for the energy network generated by the first energy source.
The additional element “receiving a load demand data for the energy network and power source data for the energy network generated by the first energy source” represents necessary data gathering and does not integrate the limitation into a practical application. The additional element “providing an energy network model configured to describe an energy flow between a plurality of assets in an energy network, wherein at least one asset of the plurality of assets consumes energy, wherein the energy network comprises further as assets a first energy source and a second energy source, wherein the energy flow comprises a first energy flow from the first energy source and a second energy flow from the second energy source” is not sufficient to integrate the abstract idea into a practical application because it only adds an insignificant extra-solution activity to the judicial exception.
In conclusion, the above additional elements, considered individually and in combination with the other claims elements do not reflect an improvement to other technology or technical field, do not reflect improvements to the functioning of the computer itself, do not recite a particular machine, do not effect a transformation or reduction of a particular article to a different state or thing, and, therefore, do not integrate the judicial exception into a practical application. Therefore, the claim is directed to a judicial exception and require further analysis under the Step 2B.
The above claim, does not include additional elements that are sufficient to amount to significantly more than the judicial exception because they are generically recited and are well-understood/conventional in a relevant art as evidenced by the prior art of record (Step 2B analysis).
For example, receiving a load demand data for the energy network and power source data for the energy network generated by the first energy source is considered necessary data gathering. As recited in MPEP section 2106.05(g), necessary data gathering (i.e., receiving data) is considered extra solution activity in light of Mayo, 566 U.S. at 79, 101 USPQ2d at 1968; OIP Techs., Inc. v. Amazon.com, Inc., 788 F.3d 1359, 1363, 115 USPQ2d 1090, 1092-93 (Fed. Cir. 2015).
For example, providing an energy network model configured to describe an energy flow between a plurality of assets in an energy network is disclosed by “Bain US 20190372345”, [0046], [0049], [0520], [0158], [0331]; and “Bhageria US 20150032278”, [0040], [0042], [0050], [0094], [0113], [0124].
The claim, therefore, is not patent eligible.
With regards to the dependent claims, claims 2-12 provide additional features/steps which are considered part of an expanded abstract idea of the independent claims, and do not integrate the abstract ideas into a practical application.
The dependent claims are, therefore, also not patent eligible.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form
the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 3-5, 7-8, and 11-12 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Bain et al. (US 20190372345, hereinafter Bain).
As to claim 1, Bain teaches providing an energy network model configured to describe an energy flow between a plurality of assets in an energy network ([0158] and [0331] disclose a machine learning engine configured to receive and analyze the production data and the consumption data to detect patterns , including patterns of consumer and producer behavior. Energy usage data 146 may include consumer grid energy usage data , electric vehicle energy usage data , battery usage data and the like. Consumer grid energy data may include home energy data and enterprise energy data), wherein at least one asset of the plurality of assets consumes energy ([0052]), wherein the energy network comprises further as assets a first energy source and a second energy source, wherein the energy flow comprises a first energy flow from the first energy source ([0062] discloses the raw energy source is selected from the list of raw energy sources consisting of solar, wind (i.e., solar energy source or wind energy source can be considered a first energy source - emphasis added by Examiner), hydro, fossil, nuclear, and gravity.”) and a second energy flow from the second energy source ([0046] and [0049 ]disclose the measured energy consumption for the facility is electrical energy (i.e., a second energy source - emphasis added by Examiner); and the measuring includes measuring energy flow into the multiple energy consuming devices);
receiving a load demand data for the energy network and power source data for the energy network generated by the first energy source ([0114]; [0399] discloses real time data mining may be used to better match generation operation with load demand, sidestepping or complementing the conventional ISO function of using marginal cost to balance the grid. Also, as rooftop solar becomes a bigger part of the energy mix in high solar markets, data collection on the generation side at the home can be collected, aggregated and fed into the real-time generation/load balancing process (i.e., a load demand data generated by the first energy source - emphasis added by Examiner));
controlling and tracking the first energy flow from the first energy source to the plurality of assets in the energy network and the second energy flow from the second energy source to the plurality of assets in the energy network based on the energy network model and the received load demand data and the received power source data ([0045], [0062], and [0158] disclose the raw energy source is selected from the list of raw energy sources consisting of solar, wind (i.e., solar energy source or wind energy source can be considered a first energy source - emphasis added by Examiner);, hydro, fossil (i.e., a second energy source - emphasis added by Examiner), nuclear, and gravity; and machine learning engine receives and analyzes the production data and the consumption data to detect patterns, including patterns of consumer and producer behavior. Applying the energy consumption context to energy usage models for the energy consuming devices, and the energy usage models produce an estimate of
energy consumption for each of the energy consuming devices for the at least one of the adjacent time intervals; [0202]);
tracking one or more consuming times of the at least one energy consuming asset ([0265]; [0285] discloses the at least one of the multiple energy consuming devices is a water heater and the condition associated with the at least one of the multiple energy consuming devices is a portion of the time interval that the water heater is actively heating water in the water heater);
determining an energy ratio for the at least one energy consuming asset based on the tracked first energy flow and the second energy flow and the tracked consuming time of the at least one energy consuming asset ([0337] and [0342] disclose
energy mix data 172 may indicate that only 5% of the energy on the grid at a given time is from renewable energy sources, the rest being from traditional sources like
fossil fuels; and the usage calculator 112 can calculate the energy mix associated with the energy consumed/purchased by the consumer (i.e., determining an energy mix or ratio for the energy consuming asset based on the tracked first energy flow and the second energy flow and the tracked consuming time - emphasis added by Examiner)); and
providing the determined energy ratio for further processing ([0342] discloses
“calculate the energy mix associated with the energy consumed/purchased by the consumer , in order to provide overall usage and energy mix usage information for purposes of pricing, billing, prediction, award of points, tracking of credits, and other items handled by the platform 100 that are affected by the mix or overall usage of energy.”).
As to claim 3, Bain teaches the claimed limitations as discussed in claim 1.
Bain teaches wherein the load demand data for the energy network and the power source data for the energy network generated by the first energy source is based on a forecast ([0087] and [0114] disclose the estimate of available energy for a given time interval for each source of raw energy; and estimating a demand; [0158] discloses "platform prediction engine to improve prediction of consumer and producer behavior").
As to claim 4, Bain teaches the claimed limitations as discussed in claim 1.
Bain teaches wherein the power source data for the energy network generated by the first energy source is received in real-time ([0088] discloses “a user interface that presents indicators of real-time capacity, availability, and consumer selected demand for energy produced from a raw source of energy (i.e., generating the power source data for the energy network by the first energy source in real-time - emphasis added by Examiner); [0094]; [0510]).
As to claim 5, Bain teaches the claimed limitations as discussed in claim 1.
Bain teaches wherein the load demand data for the energy network and the power source data for the energy network generated by the first energy source are associated with respective uncertainty measures ([0094]; 0339] discloses the prediction engine 106 uses various data, such as current state and condition data from various systems connected to the platform 100 and historical data from various sources in the repository 102, to make predictions of future states of various conditions of the market place served by the platform 100, such as the likely mix of energy sources at a given time period, the likely price, the likely demand the likely supply and other factors (i.e., the load demand data and the power source data generated by the first energy source are associated with respective uncertainty measures - emphasis added by Examiner)).
As to claim 7, Bain teaches the claimed limitations as discussed in claim 1.
Bain teaches wherein the energy source is one of the following: photovoltaic system, wind turbine, water turbine, electrical grid, diesel generator and/or wherein the second energy source is an electrical grid ([0094] and [0255] disclose the raw energy-types include solar or photovoltaic, wind, hydro, fossil, waste and nuclear).
As to claim 8, Bain teaches the claimed limitations as discussed in claim 1.
Bain teaches wherein the energy network model is a time dependent network graph model (FIGs. 13A and 16; [0098], [0099] and [0456] disclose receiving energy mix information indicating the nature and proportion of the raw energy production sources producing energy for an energy grid that provides energy to a consumer and presenting in a user interface for the consumer a visual element indicating the energy mix information; and aggregating information and updating a data structure of raw energy source information at least once per time period for a plurality of raw energy source-differentiated providers of an energy-type delivered over a consumer energy distribution network (i.e., the energy usage models or energy network model is a time dependent network graph model - emphasis added by Examiner)).
As to claim 11, Bain teaches the claimed limitations as discussed in claim 1.
Bain teaches wherein the controlling and tracking the first energy flow from the first energy source to the plurality of assets in the energy network and the second energy flow from the second energy source to the plurality of assets in the energy network is further based on a distribution logic, wherein preferably the distribution logic is dynamic ([0094]; [0328] discloses FIGS. 1A and 1B depict an automated utility marketplace platform or marketplace 100. A utility marketplace platform 100 may match demand and supply. A utility marketplace platform 100 may match consumer demand and available wholesale energy supply, including via the work of a real-time pricing engine. A utility marketplace platform 100 calculates prices in much smaller increments (e.g., 15-minute increments), using real-time usage data across an aggregated set of consumer users, as well as using real-time energy production data across multiple production types, vastly greater opportunities for consumers to obtain, and act upon, prices that are accurate in real-time (i.e., controlling and tracking the first energy flow from the first energy source to the plurality of assets and the second energy flow from the second energy source to the plurality of assets is further based on a distribution logic - emphasis added by Examiner)).
As to claim 12, Bain teaches the claimed limitations as discussed in claim 1.
Bain teaches wherein more than one asset of the plurality of assets consume energy ([0052] discloses “the at least one of the multiple energy consuming devices is a water heater”; [0057] discloses “the at least one of the multiple energy consuming devices is an air conditioner”; [0144]).
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 6 is rejected under 35 U.S.C. 103 as being unpatentable over Bain et al. (US 20190372345, hereinafter Bain) in view of Roscoe et al. (US 20100211233, hereinafter Roscoe).
As to claim 6, Bain teaches the claimed limitations as discussed in claim 1.
Bain teaches does not explicitly teach wherein the load demand data for the energy network comprises an upper bound and the power source data for the energy network generated by the first energy source comprise a lower bound.
Roscoe teaches wherein the load demand data for the energy network comprises an upper bound and the power source data for the energy network generated by the first energy source comprise a lower bound ([0018] and [0094] disclose utilities generally produce or purchase energy for customer usage in response to demand for the energy up to a maximum amount of energy available. As seen in FIG.1, demand for electricity during the course of a day may vary with peak demand level and lowest off-peak demand level (i.e., a peak demand level or an upper bound and the power source data generated by the first energy source comprise a lowest off-peak demand level or lower bound - emphasis added by Examiner); and during peak demand, cost of energy production is highest, while at the lowest off-peak demand level, cost of energy production is simply the base line cost).
It would have been obvious to one of ordinary skill in the art before the
effective filing date of the claimed invention to incorporate Roscoe into Bain for the purpose of managing an energy supply of a utility company or of an entire supply system, in order to produce utilities or purchase energy for customer usage in response to demand up to a maximum amount available or a maximum amount that can be handled by a distribution network. This combination would improve in managing an energy management system that optimizes facility energy consumption, yet takes the state of the overall energy production and supply system into account so that sudden and dramatic changes in energy demand on the overall energy production and supply system can be avoided.
Examiner' s Note
Regarding Claims 2, 9, and 10, the most pertinent prior arts are “Bain US 20190372345”; "Roscoe US 20100211233"; "Forbes US 20100235008"; "Bhageria US 20150032278"; "Georg WO 2020141175A2"; “Marrasso et al. (Electric efficiency indicators and carbon dioxide emission factors for power generation by fossil and renewable energy sources on hourly basis), ScienceDirect, published July 8, 2019”; “Ambec et al. (Electricity provision with intermittent sources of energy), ScienceDirect, January 24, 2012”; and “Sharifzadeh et al. (Integrated renewable electricity generation considering uncertainties: the UK roadmap to 50% power generation from wind and solar energies), ScienceDirect, published January 17, 2017”.
As to claim 2, Bain teaches the determining the energy ratio (Bain, [0342]).
However, the prior arts of record, alone or in combination, do not fairly teach or suggest “wherein the determining the energy ratio is based on an integral of the first energy flow and second energy flow over the tracked consuming time.” including all limitations as claimed.
As to claim 9, Bain teaches wherein the energy network comprises as an asset a battery energy storage for storing energy (Bain, [0080], [0255], [0335]), and
further comprising controlling and tracking the first energy flow from the first energy source to the battery energy storage (Bain, [0102], [0331]).
However, the prior arts of record, alone or in combination, do not fairly teach or suggest “the second energy flow from the second energy source to the battery energy storage based on the energy network model and the received load demand data and the received power source data and tracking one or more charging times of the battery energy storage and determining an energy storage energy ratio based on the on the tracked first energy flow and the second energy flow and the tracked charging time.” including all limitations as claimed.
Dependent claim 10 is also distinguished over the prior art for at least the same reason as claim 9.
Examiner notes, however, that claims 1-12 are rejected under 35 U.S.C. 101, and therefore, not patent eligible.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
“Subbotin US 20140172182” teaches “A system and method for controlling the distribution of energy from a plurality of energy resources to a load. The system includes an energy system controller to control the distribution of energy to an electric load provided by a plurality of energy resources. The energy resources include dispatchable sources of energy such as diesel generators and combined heat and power generators; renewable sources of energy including photo-voltaic cells, wind turbines, and geothermal sources; and storage resources such as electrochemical batteries or pumped hydro reserves.”
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAL CE MANG whose telephone number is (571)272-0370. The examiner can normally be reached Monday to Friday- 8:30-12:00, 1:00-5:30 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Catherine T Rastovski can be reached at (571) 270-0349. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LAL CE MANG/Primary Examiner, Art Unit 2857
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