DETAILED ACTION
Status of the Claims
1. This action is in response to the Request for Reconsideration dated January 29, 2026.
2. Claims 1 and 3 are currently pending and have been examined.
3. Claims 2 and 4 have been cancelled.
4. Claims 1 and 3 have been amended.
Notice of Pre-AIA or AIA Status
5. 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 – Broadest Reasonable Interpretation
6. In determining patentability of an invention over the prior art, all claim limitations have been considered and interpreted using the “broadest reasonable interpretation consistent with the specification during the examination of a patent application since the applicant may then amend his claims.” See In re Prater and Wei, 162 USPQ 541, 550 (CCPA 1969); MPEP § 2111. Applicant always has the opportunity to amend the claims during prosecution, and broad interpretation by the examiner reduces the possibility that the claim, once issued, will be interpreted more broadly than is justified. See In re Prater, 162 USPQ 541, 550-51 (CCPA 1969); MPEP § 2111. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 26 USPQ2d 1057 (Fed. Cir. 1993). See also MPEP 2173.05(q) All claim limitations have been considered. Additionally, all words in the claims have been considered in judging the patentability of the claims against the prior art. See MPEP 2143.03.
Claim limitations that contain statement(s) such as “if, may, might, can, could”, are treated as containing optional language. As matter of linguistic precision, optional claim elements do not narrow claim limitations, since they can always be omitted.
Claim limitations that contain statement(s) such as “wherein, whereby”, that fail to further define the steps or acts to be performed in method claims or the discrete physical structure required of system claims.
Similarly, a method step exercised or triggered upon the satisfaction of a condition, where there remains the possibility that the condition was not satisfied under the broadest reasonable interpretation, is an optional claim limitation. see MPEP § 2103(I)(C); In re Johnson, 77 USPQ2d 1788 (Fed Cir 2006). As the Applicant does not address what happens should the optional claim limitations fail, Examiner assumes that nothing happens (i.e. the method stops). An alternate interpretation is that merely the claim limitations based upon the condition are not triggered or performed.
The subject matter of a properly construed claim is defined by the terms that limit its scope. It is this subject matter that must be examined.
As a general matter, grammar and the plain meaning of terms as understood by one having ordinary skill in the art used in a claim will dictate whether, and to what extent, th e language limits the claim scope. see MPEP §2013(I)(C). Language that suggests or makes a feature or step optional but does not require that feature or step does not limit the scope of a claim under the broadest reasonable claim interpretation. see MPEP §2013(I)(C).
Claim scope is not limited by claim language that suggests or makes optional but does not require steps to be performed, or by claim language that does not limit a claim to a particular structure. In addition, when a claim requires selection of an element from a list of alternatives, the prior art teaches the element if one of the alternatives is taught by the prior art. See, e.g., Fresenius USA, Inc. v. Baxter Int’l, Inc., 582 F.3d 1288, 1298 (Fed. Cir. 2009). See MPEP 2111.04, 2143.03.
Language in a method or system claim that states only the intended use or intended result, but does not result in a manipulative difference in the steps of the method claim nor a structural difference between the system claim and the prior art, fails to distinguish the claims from the prior art. In other words, if the prior art structure is capable of performing the intended use, then it meets the claim.
The following types of claim language may raise a question as to its limiting effect (this list is not exhaustive):
Statements of intended use or field of use, including statements of purpose or intended use in the preamble (MPEP 2111.02);
Clauses such as “adapted to”, “adapted for”, “wherein”, and “whereby” (MPEP 2111.04)
Contingent limitations (MPEP 2111.04)
Printed matter (MPEP 2111.05) and
Functional language associated with a claim term (MPEP 2181)
Examiner notes that during examination, “claims … are to be given their broadest reasonable interpretation consistent with the specification, and … claim language should be read in light of the specification as it would be interpreted by one of ordinary skill in the art.” See In re Bond, 15 USPQ 1566, 1568 (Fed. Cir. 1990), citing In re Sneed, 218 USPQ 385, 388 (Fed. Cir. 1983). However, "in examining the specification for proper context, [the examiner] will not at any time import limitations from the specification into the claims". See CollegeNet, Inc. v. ApplyYourself, Inc., 75 USPQ2d 1733, 1738 (Fed. Cir. 2005). Construing claims broadly during prosecution is not unfair to the applicant, because the applicant has the opportunity to amend the claims to obtain more precise claim coverage. See In re Yamamoto, 222 USPQ 934, 936 (Fed. Cir. 1984), citing In re Prater, 162 USPQ 541, 550 (CCPA 1969).
As such, while all claim limitations have been considered and all words in the claims have been considered in judging the patentability of the claimed invention, the following language is interpreted as not further limiting the scope of the claimed invention.
The preamble of the instant claim 1 recites "[a] method for managing transfer of energy”
In general, a preamble limits the invention if it recites essential structure or steps, or if it is "necessary to give life, meaning, and vitality" to the claims. Pitney Bowes, Inc. v. Hewlett-Packard Co. 51 USPQ2d 1161 (Fed. Cir. 1999), Catalina Marketing International Inc. v. Coolsavings.com Inc., 62 USPQ2d 1781 (Fed. Cir. 2002). Conversely, where a patentee defines a structurally complete invention in the claim body and uses the preamble only to state a purpose or an intended use for the invention, the preamble is not a claim limitation given patentable weight. Rowe v. Dror, 42 USPQ2d 1550 (Fed. Cir. 1997); Catalina Marketing International Inc. v. Coolsavings.com Inc., 62 USPQ2d 1781 (Fed. Cir. 2002); Bell Communications Research, Inc. v. Vitalink Communications Corp., 34 USPQ2d 1816 (Fed. Cir. 1995) If a prior art structure is capable of performing the intended use as recited in the preamble, then it meets the claim. See, e.g., In re Schreiber, 128 F.3d 1473, 1477, 44 USPQ2d 1429, 1431 (Fed. Cir. 1997) See MPEP 2111.02
In the instant case, “for managing transfer of energy” as recited in the preamble only states a purpose and/or the intended use of the invention and accordingly is not being assigned any patentable weight.
Similarly in the instant case, the following italicized limitations are expressing the intended result of a process step positively recited and are not given weight:
As in Claim 1:
the trade point device generating at least one trading mode for selection, wherein the trading mode comprises electricity, available power dollar, and selling/buying transaction of electricity and available power dollar;
the trade point device receiving a transaction instruction to generate a power dollar trading event, the power dollar trading event including a selling/buying transaction record of using electricity and/or available power dollar of the portable energy storage device;
the transaction management host transmitting updated record of available power dollar back to the trade point device and the portable energy storage device for downloading and updating, and making the portable energy storage device and the trade point device offline with each other;
wherein the transaction management host, the trade point device, and the portable energy device jointly execute at least one power dollar trading event, and the power dollar trading event comprises an exchange of electricity and/or a selling/buying transaction of power dollar, and wherein the portable energy storage device stores an amount of electricity and an amount of power dollar, both of which are transferrable through exchange between the portable energy storage device and the trade point device to achieve transfer and exchange of energy between the portable energy storage device and the trade point device in a manner of being controlled by the transaction management host.
Applicant uses the term “trade point device” in the claims. Applicant’s specification discloses the following:
“The trade point device 20 is a piece of equipment to be installed by the dealer, and the trade point device 20 at least comprises a processing unit 21, a memory unit 22, a transmission unit 23, a trading module 25, an electricity exchange unit 26, and a near field sensing unit 27, wherein the processing unit 21 is operable to execute a computer program product and process each item of data, and the memory unit 22 is connected with the processing unit 21, and the memory unit 22 is connected with the processing unit 21, and the memory unit 22 functions to store programs and each item of data, and also, the transmission unit 23 is connected with the processing unit 21 and is connected, by means of wireless technology or wired technology, to the transaction management host 10 for on-line connection to receive and transmit each item of transaction data, and also, the trading module 25 can be a computer program product built in the memory unit 22 and has the function of selecting a trading mode, and also, the electricity exchange unit 26 is connected with the processing unit 21 and is operable for transfer of electricity with respect to the portable energy storage device 30, and the electricity exchange unit 26 may comprise an electrical power management 261 and at least one electrical power connection port 262 and at least one energy storage equipment 263 connected with the electrical power management unit 261, wherein the electrical power management unit 261 functions to manage and control electricity inputting into/outputting from each energy storage equipment 263 through each electrical power connection port 262, and the electricity exchange unit 26 is operable to carry out calculation and conversion between electricity and power dollars, and the near field sensing unit 27 can be a sensing element of near field communication (NFC) or Bluetooth, and is operable for transfer of power dollars with respect to the portable energy storage device 30 to generate a power dollar trading event.” (See Applicant’s Spec page 9, line 6 to page 10, line 3)
The disclosure notes the majority of features of the trade point device are units and modules that are described by function rather than particular device disclosed by hardware components. As such, any device that can perform the functions disclosed will meet the limitations claimed.
Applicant also uses the term “transaction management host” in the claims. Applicant’s specification discloses the following:
“As to the detailed arrangement of the transaction system using portable energy storage device according to the present invention, as shown in FIGS. 1 and 2, the transaction management host 10 at least comprises a processing unit 11, a memory unit 12, a transmission unit 13, a trading event management module 15, an individual member management module 16, a dealer management module 17, and a power dollar management module 19, wherein the processing unit 11 executes at least one computer program product and processes each item of data, while the memory unit 12 is connected with the processing unit 11 and functions to store the computer program product and said each item of data, and the transmission unit 13 is connected with the processing unit 11 and is connected, by means of wireless technology or wired technology, to the trade point device 20 for on-line connection with the trade point device 20 of the at least one dealer to receive and transmit each item of transaction data, and also the trading event management module 15 can be a computer program product built in the memory unit 12 and is on-line connectable with the trade point device 20 and the portable energy storage device 30 for execution to generate a power dollar trading event, and each power dollar trading event includes, but not limited to, conversion of electricity and power dollars, transaction objects, transaction accounting, payment transfer of power dollars, and records of power dollars, and the individual member management module 16 can be stored in the memory unit 12 and is operable online with the trading event management module 15, and further, the individual member management module 16 is operable for establishing and verifying the individual member data, storing data management of device and power dollars under an account of the individual member, and inquiring the individual member data, such as usage records, transaction records, and remaining balance of power dollars, and further, the dealer management module 17 can be stored in the memory unit 12 and is operable online with the trading event management module 15, and also, the dealer management module 17 is operable for establishing and verifying dealer data, storing data management of device under an account of each dealer, and inquiring the dealer data, such as usage records and transaction records, and further, the power dollar management module 19 is connected with the processing unit 11 for carrying out including but not limited to, conversion, management, exchange, donation, transfer, or profit sharing of power dollars, wherein the power dollars can be valuable assets of an equivalency of cash, such as digital points, virtual currency, or carbon credits. According to some embodiments, the transaction management host 10 further comprises an electrical power management unit 18 connected with the processing unit 11, and the electrical power management unit 18 is in connection with at least one electrical power connection port 181 and at least one energy storage equipment 182, wherein the electrical power management unit 18 functions to manage and control electricity inputting into/outputting from each energy storage equipment 182 through each electrical power connection port 181 and conversion of electricity and power dollars, and the electrical power connection port 181 is connectable with external power sources, such as power grids, and the energy storage equipment 182 functions to store electrical power to serve as a super huge storage battery.” (See Applicant Spec page 7, line 13 to page 9, line 5)
The disclosure notes that the transaction management host is comprised of units and modules rather than a particular device disclosed by defined hardware components. There are some embodiments with additional elements that may involve a device, however none of those elements are claimed. As such, any element that can perform the claimed functions will meet the limitations as claimed.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
7. Claims 1 and 3 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
The amendment filed January 29, 2026 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows:
As in Claim 1 (and by incorporated reference in Claim 3):
“…wherein the portable energy storage device stores an amount of electricity and an amount of power dollar, both of which are transferrable through exchange between the portable energy storage device and the trade point device to achieve transfer and exchange of energy between the portable energy storage device and the trade point device in a manner of being controlled by the transaction management host”
There is no support for the idea that the transaction management host is controlling the portable energy storage device and the trade point device in the specification.
Applicant is required to cancel the new matter in the reply to this Office Action.
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.
8. Claims 1 and 3 are rejected under 35 U.S.C. § 101 because the claimed invention is directed to an abstract idea without significantly more.
ANALYSIS:
STEP 1:
Does the claimed invention fall within one of the four statutory categories of invention (process, machine, manufacture or composition matter?
Claim 1 recites a method claim. Claim 3 recites a computer program product claim. The computer program product claim currently has a separate rejection as seen below, however Examiner assumes Applicant will rectify the claim to properly claim the invention as within statutory categories.
STEP 2A:
Prong One: Does the Claim Recite A Judicial Exception (An Abstract Idea, Law of Nature or Natural Phenomenon)? (If Yes, Proceed to Prong Two, If No, the claim is not directed to a judicial exception and qualifies as subject matter patent eligible material)
Claim 1 recites the abstract idea of managing transfer of energy by generating at least one trading mode for selling/buying transaction(s) of electricity and available power dollar. The idea is described by the following limitations:
establishing connection with a transaction management host;
generating at least one trading mode for selection, wherein the trading mode comprises electricity, available power dollar, and selling/buying transaction of electricity and available power dollar;
receiving a transaction instruction to generate a power dollar trading event, the power dollar trading event including a selling/buying transaction record of using electricity and/or available power dollar;
executing transfer of electricity and/or available power dollar of the power dollar trading event;
subsequently making report to the transaction management host according to the power dollar trading event, and the transaction management host updating record of available power dollar of the trade point device and the portable energy storage device; and
transmitting updated record of available power dollar for downloading and updating, and
execute at least one power dollar trading event, and the power dollar trading event comprises an exchange of electricity and/or a selling/buying transaction of power dollar, wherein…stores an amount of electricity and an amount of power dollar, both of which are transferrable through exchange to achieve transfer and exchange of energy in a manner of being controlled by the transaction management host.
Claim 3 refers to the limitations of Claim 1 when allegedly reciting computer program product claims that are describing the same abstract idea and limitations as disclosed with reference to Claim 1, above.
The series of steps describe fundamental economic practices (trading, buying/selling transactions); commercial interactions (sales activities or behaviors, business relations); and/or managing personal behavior or relationships between people (including following rules or instructions) and as a result are grouped as certain methods of organizing human activity, which is an abstract idea. (Step 2A – Prong 1: YES, the claims are abstract)
Prong Two: Does the Claim Recite Additional Elements That Integrate The Judicial Exception Into A Practical Application of the Exception? (If Yes, the claim is not directed to a judicial exception and qualifies as subject matter patent eligible material. If No, Proceed to Step 2B)
The claims do not include additional elements that integrate the judicial exception into a practical application of the exception because the claims do not provide improvements to another technology or technical field, improvements to the functioning of the computer itself, are not applying or using a judicial exception to effect a particular treatment or prophylaxis for a disease or medical condition, are not applying the judicial exception with, or by use of a particular machine, are not effecting a transformation or reduction of a particular article to a different state or thing, and are not applying the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment.
Claim 1 recites one portable energy storage device; one trade point device; and a transaction management host. Claim 1 also recites making an online connection and electrical connection of one portable energy storage device with one trade point device.
Claim 3 recites a memory unit, a transaction management host with a processing unit, at least one trade point device with a processing unit, at least one portable energy storage device with a processing unit.
The claims recite a transaction management host with a processing unit, a memory unit, at least one trade point device with a processing unit, at least one portable energy storage device with a processing unit and which are recited at a high level of generality (i.e., as a generic processor performing generic functions) such that it amounts to no more than mere instructions to apply the exception using a generic computer component. Accordingly, these additional elements, when considered separately and as an ordered combination, do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. Therefore, Claims 1 and 3 are directed to an abstract idea without a practical application. (Step 2A – Prong 2: No, the additional claimed elements are not integrated into a practical application)
STEP 2B: If there is an exception, determine if the claim as a whole recites significantly more than the judicial exception itself.
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: 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; v) electronically scanning or extracting data from a physical document, Content Extraction and Transmission, LLC v. Wells Fargo Bank, 776 F.3d 1343, 1348, 113 USPQ2d 1354, 1358 (Fed. Cir. 2014) (optical character recognition); and vi) a web browser’s back and forward button functionality, Internet Patent Corp. v. Active Network, Inc., 790 F.3d 1343, 1348, 115 USPQ2d 1414, 1418 (Fed. Cir. 2015). (MPEP §2106.05(d)(II))
This listing is not meant to imply that all computer functions are well‐understood, routine, conventional activities, or that a claim reciting a generic computer component performing a generic computer function is necessarily ineligible. Courts have held computer‐implemented processes not to be significantly more than an abstract idea (and thus ineligible) where the claim as a whole amounts to nothing more than generic computer functions merely used to implement an abstract idea, such as an idea that could be done by a human analog (i.e., by hand or by merely thinking). On the other hand, courts have held computer-implemented processes to be significantly more than an abstract idea (and thus eligible), where generic computer components are able in combination to perform functions that are not merely generic. (MPEP §2106.05(d)(II) – emphasis added)
Below are examples of other types of activity that the courts have found to be well-understood, routine, conventional activity when they are claimed in a merely generic manner (e.g., at a high level of generality) or as insignificant extra-solution activity: recording a customer’s order, Apple, Inc. v. Ameranth, Inc., 842 F.3d 1229, 1244, 120 USPQ2d 1844, 1856 (Fed. Cir. 2016); shuffling and dealing a standard deck of cards, In re Smith, 815 F.3d 816, 819, 118 USPQ2d 1245, 1247 (Fed. Cir. 2016); restricting public access to media by requiring a consumer to view an advertisement, Ultramercial, Inc. v. Hulu, LLC, 772 F.3d 709, 716-17, 112 USPQ2d 1750, 1755-56 (Fed. Cir. 2014); identifying undeliverable mail items, decoding data on those mail items, and creating output data, Return Mail, Inc. v. U.S. Postal Service, -- F.3d --, -- USPQ2d --, slip op. at 32 (Fed. Cir. August 28, 2017); presenting offers and gathering statistics, OIP Techs., 788 F.3d at 1362-63, 115 USPQ2d at 1092-93; determining an estimated outcome and setting a price, OIP Techs., 788 F.3d at 1362-63, 115 USPQ2d at 1092-93; and arranging a hierarchy of groups, sorting information, eliminating less restrictive pricing information and determining the price, Versata Dev. Group, Inc. v. SAP Am., Inc., 793 F.3d 1306, 1331, 115 USPQ2d 1681, 1699 (Fed. Cir. 2015) (MPEP 2106.05(d))
Here, the steps are receiving or transmitting data over a network (Symantec, TLI, OIP Techs – MPEP 2106.05(d)(II); performing repetitive calculations (Bancorp – MPEP 2106.05(d)(II); storing and retrieving information in memory (Versata, OIP Techs – MPEP 2106.05(d)(II) and electronically scanning or extracting data (Content Extraction – MPEP 2106.05(d)(II) as well as setting or determining a price (OIP Techs – MPEP 2106.05(d)(II)– all of which have been recognized by the courts as well-understood, routine and conventional functions.
The claims are directed to an abstract idea with additional generic computer elements that do not add meaningful limitations to the abstract idea because they require no more than a generic computer to perform generic computer functions that are well-understood, routine, and conventional activities previously known in the industry.
For the next step of the analysis, it must be determined whether the limitations present in the claims represent a patent-eligible application of the abstract idea. A claim directed to a judicial exception must be analyzed to determine whether the elements of the claim, considered both individually and as an ordered combination are sufficient to ensure that the claim as a whole amounts to significantly more than the exception itself.
For the role of a computer in a computer implemented invention to be deemed meaningful in the context of this analysis, it must involve more than performance of “well-understood, routine, [and] conventional activities previously known to the industry.” Further, “the mere recitation of a generic computer cannot transform a patent ineligible abstract idea into a patent-eligible invention.”
Applicant’s specification discloses the following:
“As to the detailed arrangement of the transaction system using portable energy storage device according to the present invention as shown in FIGS. 1 and 2, the transaction management host 10 at least comprises a processing unit 11, a memory unit 12, a transmission unit 13, a trading event management module 15, an individual member management module 16, a dealer management module 17, and a power dollar management module 19, wherein the processing unit 11 executes at least one computer program product and processes each item of data, while the memory unit 12 is connected with the processing unit 11 and functions to store computer program product and said each item of data, and the transmission unit 13 is connected with the processing unit 11 and is connected, by means of wireless technology or wired technology to the trade point device 20 for on-line connection with the trade point device 20 of at least one dealer to receive and transmit each item of transaction data, and also the trading event management module 15 can be a computer program product built in the memory 12 and is on-line connectable with the trade point device 20 and the portable energy storage device 30 for execution to generate a power dollar trading event, and each power dollar trading event includes, but not limited to, conversion of electricity and power dollars, transaction objects, transaction accounting, payment transfer of power dollars, and records of power dollars, and the individual member management module 16 can be stored in the memory unit 12 and is operable online with the trading event management module 15, and further, the individual member management module 16 is operable for establishing and verifying the individual member data, storing data management of device and power dollars under an account of the individual member, and inquiring the individual member data, such as usage records, transaction records, and remaining balance of power dollars, and further, the dealer management module 17 can be stored in the memory unit 12 and is operable online with the trading event management module 15, and also the dealer management module 17 is operable for establishing and verifying dealer data, storing data management of devices under an account of each dealer and inquiring the dealer data, such as usage records and transaction records, and further the power dollar management module 19 is in connected with the processing unit 11 for carrying out, including but not limited to, conversion, management, exchange, donation, transfer, or profit sharing of power dollars, wherein the power dollars can be valuable assets of an equivalency of cash, such as digital points, virtual currency, or carbon credits. According to some embodiments, the transaction management host 10 further comprises an electrical power management unit 18 connected with the processing unit 11, and the electrical power management unit 18 is in connection with at least one electrical power connection port 181 and at least one energy storage equipment 182, wherein the electrical power management unit 18 functions to manage and control electricity inputting into/outputting from each energy storage equipment 182 though each electrical power connection port 181 and conversion of electricity and power dollars, and the electrical power connection port 181 is connectable with an external power sources, such as power grids, and the energy storage equipment 182 functions to store electrical power to serve as a super-sized storage battery. (See Applicant Spec page 7, line 13-page 9, line 5)
“The trade point device 20 is a piece of equipment to be installed by the dealer, and the trade point device 20 at least comprises a processing unit 21, a memory unit 22, a transmission unit 23, a trading module 25, an electricity exchange unit 26, and a near field sensing unit 27, wherein the processing unit 21 is operable to execute a computer program product and process each item of data, and the memory unit 22 is connected with the processing unit 21, and the memory unit 22 is connected with the processing unit 21, and the memory unit 22 functions to store programs and each item of data, and also, the transmission unit 23 is connected with the processing unit 21 and is connected, by means of wireless technology or wired technology, to the transaction management host 10 for on-line connection to receive and transmit each item of transaction data, and also, the trading module 25 can be a computer program product built in the memory unit 22 and has the function of selecting a trading mode, and also, the electricity exchange unit 26 is connected with the processing unit 21 and is operable for transfer of electricity with respect to the portable energy storage device 30, and the electricity exchange unit 26 may comprise an electrical power management 261 and at least one electrical power connection port 262 and at least one energy storage equipment 263 connected with the electrical power management unit 261, wherein the electrical power management unit 261 functions to manage and control electricity inputting into/outputting from each energy storage equipment 263 through each electrical power connection port 262, and the electricity exchange unit 26 is operable to carry out calculation and conversion between electricity and power dollars, and the near field sensing unit 27 can be a sensing element of near field communication (NFC) or Bluetooth, and is operable for transfer of power dollars with respect to the portable energy storage device 30 to generate a power dollar trading event.” (See Applicant’s Spec page 9, line 6 to page 10, line 3)
“The portable energy storage device 30 at least comprises a processing unit 31, a memory unit 32, a near-field sensing unit 33, and an electrical power accumulation unit 35, wherein the processing unit 31 is operable to execute a computer program product and process each item of data, and the memory unit 32 is connected with the processing unit 31 and functions to store programs, electricity value, power dollars, and each item of data, and the near-field sensing unit 33 is connected with the processing unit 31 can be a sensing element of NFC or Bluetooth of wireless technology for receiving and transmitting each item of transaction data with respect to the near field sensing unit 27 of the trade point device 20, and also, the electrical power accumulation unit 35 is connected with the processing unit 31, and the electrical power accumulation unit 35 is operable to carry out transfer of electricity transfer with respect to the electricity exchange unit 26 of the trade point device 20, and the electrical power accumulation unit 35 may comprise an electrical power management unit 351 and an electrical power connection port 352 and an energy accumulation unit 353 connected with the electrical power management unit 351, wherein the electrical power management unit 351 functions to manage and control electricity inputting into/outputting from each energy accumulation unit 353 through each electrical power connection port 352, and the electrical power accumulation unit 35 is operable to carry out calculation and conversion between electricity and power dollars, including conversion of electricity remaining in the energy accumulation unit 353 into a capacity power dollar, and storage of data related to the capacity power dollar an available power dollar counted after use in the memory unit 32. Further, according to some embodiments, the portable energy storage device 30 further comprise a transmission unit 38 connected with the processing unit 31, and the transmission unit 38 is connected by means of wireless technology or wired technology to the transaction management host 10 for online connection to receive and transmit each item of transaction data, so that each portable energy storage device 30 is also operable to trade with another portable energy storage device 30. (See Applicant Spec page 10, line 4 to page 11, line 5)
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.
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. The collective functions appear to be implemented using conventional computer systemization.
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. Upon reconsideration of the indicia noted under Step 2A in concert with the Step 2B considerations, the additional claim element(s) amounts to no more than mere instructions to apply the exception using generic computer components. The same analysis applies 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. The claim does not provide an inventive concept significantly more than the abstract idea.
Accordingly, these additional elements, when considered separately and as an ordered combination, do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea.
The independent claims 1 and 3 are not patent eligible. (Step 2B: NO. The claim does not provide significantly more)
Claim 3 is also rejected under 35 U.S.C. §101 because, in order to comply with §101, a computer program product claim must recite that the computer program product comprises a non-transitory computer readable medium having program instructions (or code) embodied thereon and said instructions are configured to control a computer to perform specific functional steps. The claim must then recite the specific functional steps performed by execution of the instructions contained on the computer-readable medium by the computer, rather than reciting the code or software itself (i.e. software per se is not patentable). A computer program product, when properly claimed, describes the method steps performed when executed by a computer system, not the code or software itself.
The preamble for a computer program product has to state that (1) the product is stored on a non-transitory computer-readable medium (which is not present), (2) the product can be executed on a computer (which is not clearly present) and (3) when executed the product causes the computer to perform a method (which is not clearly present) where the further claim limitations are written as method steps. It is the actual the method being performed by the computer which is patentable, rather than the software itself.
Here, the computer program product is recited to be “loaded” in a memory unit – which is not the same as being stored - and does not recite a non-transitory computer readable medium. Further, there is no direct recitation of the transaction management host, the trade point device or the portable energy storage device being a computer. Similarly, the processing unit is not defined to be a computer thus it is unclear if the method is being performed by a computer or which of the elements may or may not be a computer.
Thus, Claims 1 and 3 are rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter.
Claim Rejections - 35 USC § 103
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 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.
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.
9. Claim(s) 1 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over Takada et al. (US PG Pub. 2020/0373769) (“Takada”) in view of Lof et al. (US PG Pub. 2002/0103745) (“Lof”)
Regarding Claim 1, Takada discloses the following:
A method for managing transfer of energy, comprising:
making online connection and electrical connection of one portable energy storage device [portable first power supply device] with one trade point device [a charging spot]; (See Takada paras 5, 21-24, 67)
establishing online connection with a transaction management host [server] through the trade point device [charging spot] in connection with the transaction management host; (See Takada paras 22-24, 51-52, 59-60, 67, Cl. 1 –server can be outside of the charging spot; server communicates with the charging spot via a network and a radio base station)
the trade point device generating at least one trading mode for selection, wherein the trading mode comprises electricity, available power dollar, and selling/buying transaction of electricity and available power dollar; (See Takada paras 20-22, 24-26, 28, 38-43, 50-57 - the power supply device has a control circuit including a CPU and a storage device where the CPU executes a user-sell process according to a control program stored in the storage device [processing unit and memory unit, CPU executes a control program stored in the storage device]; CPU communicates with the power supply device through the communication circuit and functions as an account management unit by executing a control program & manages reception/supply of electric power for each user or each power supply device, manages the total amount of compensation for each user or power supply device, a compensation determining unit multiplies the spot purchased or spot-sold power amount by a billing coefficient to determine a compensation (purchase or sales amount) and adds or subtracts compensation accordingly)
the trade point device receiving a transaction instruction to generate a power dollar trading event, the power dollar trading event including a selling/buying transaction record of using electricity and/or available power dollar of the portable energy storage device; (See Takada paras 20-22, 24-26, 28, 39-43, 50-57, Fig. 10 – UI control unit may output a sales result or purchase result after the user sells or buys power; total power amount is a total value of the spot purchased power amount and the spot sold power amount for each user, account balance may be cash, virtual currency or points))
the trade point device and the portable energy storage device executing transfer of electricity and/or available power dollar of the power dollar trading event; (See Takada paras 20-21, 24-28, 35-36, 38-43, 51-54 Figs. 6-7)
the trade point device subsequently making report to the transaction management host according to the power dollar trading event, and the transaction management host updating record of available power dollar of the trade point device and the portable energy storage device; and (See Takada paras 20-21, 28, 30-33, 35-36, 55-57 and Fig. 10)
the transaction management host transmitting updated record of available power dollar back to the trade point device and the portable energy storage device for downloading and updating, and making the portable energy storage device and the trade point device offline with each other; (See Takada paras 24-26, 30-33, 51-57 – charging ends at maximum amount
wherein the transaction management host, the trade point device, and the portable energy device jointly execute at least one power dollar trading event, and the power dollar trading event comprises an exchange of electricity and/or a selling/buying transaction of power dollar and wherein the portable energy storage device stores an amount of electricity and an amount of power dollar, both of which are transferrable through exchange between the portable energy storage device and the trade point device to achieve transfer and exchange of energy between the portable energy storage device and the trade point device in a manner of being controlled by the transaction management host. (See Takada paras 20-21, 24, 26, 28, 39-43, 50-57, 59-66 – when the charging spot supplies power to the power supply device, the compensation determining unit of the server determines the billing amount relative to the spot-sold power amount; the server transmits the compensation information to the charging spot)
While Takada discloses the invention as disclosed and further discloses that when a user purchase instruction is inputted and the power storage amount reaches the maximum amount the charging ends and the UI control unit may output a sales result or user purchase result, billing amount, etc. received from the server [transaction management host] or the charging spot [trade point device] through the communication circuit, thus disclosing making a report and that the spot sales control unit will indicate that the amount of spot power sold and the user purchased power will matched, an updated record is not fully disclosed.
Lof discloses a method, system and computer program product to enhance the commercial value of electrical power produced from a wind turbine production facility and providing the excess to the power grid when excess electrical energy is produced. (See Lof Abstract) Further, Lof discloses a method employed in an Internet based secure form for providing virtual energy storage trading of renewable energy resources. (See Lof para 159, Fig. 22) Once a power substitution is agreed upon, a record is recorded manually on a computer readable medium that indicates an amount of “energy” that is held on account of the wind power provider. (See Lof para 159) Subsequently, the process proceeds where the wind power provider requests to “withdraw” a certain amount of virtual energy that is stored on the account of the wind power provider and after the power is actually delivered, the wind generated is debited and held in memory. (See Lof para 159 – record) Figure 31 of Lof also describes a method of tracking costs for parties who participate in renewable exchange and after wind power is purchased or sold, the transfer fees are remitted with a reporting message from the seller of the power unit. (See Lof paras 177-178)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the power supply system that discloses communication between the charging spot, server and another power supply via wireless or wired communication as disclosed by Takada with the system to provide excess electrical power to the power grid that keeps records of energy that is sold or purchased as taught by Lof in order to allow for more precise tracking of transactions.
Regarding Claim 3, this claim recites the limitations of the method disclosed in Claim 1 and as to those limitations is rejected for the same basis and reasons as disclosed above. Further, Takada in view of Lof discloses the following:
A computer program product, loaded in a memory unit of at least one of the transaction management host, the at least one trade point device, and the at least one portable energy storage device, and executable by a processing unit of the at least one of the transaction management host, the at least one trade point device, and the at least one portable energy storage device to implement the method according to claim 1. (See Takada paras 22, 24-26, 29, 36, 59-60, Figs, 2-3, 5)
In addition to the rejections above as if disclosed herein in full, Takada does not disclose a computer program product, however Lof discloses that the invention disclosed provides a computer program product that converts electrical power generated from wind into premier power. (See Lof para 24)
Another feature discloses a computer program product for controlling communications between a wind power based electricity production facility and a virtual energy storage facility. (See Lof para 25) Lof further discloses that the processor includes at least one computer readable medium that further includes the computer program product for implementing the invention. (See Lof para 132)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the power supply system that discloses communication between the charging spot, server and another power supply via wireless or wired communication as disclosed by Takada with the system to provide excess electrical power to the power grid that keeps records of energy that is sold or purchased that utilizes a computer program product as taught by Lof in order to allow for more precise tracking of transactions.
Response to Arguments
Applicant's arguments filed January 29, 2026 have been fully considered as further detailed below.
Regarding the Claim Objection:
Applicant is thanked for the correction made to address the claim objection. (See Applicant Arguments dated January 26, 2026, page 5) The objection has accordingly been withdrawn.
Regarding the Claim Interpretation – BRI and 112(f):
Applicant acknowledges Examiner’s position in their response. (Id.)
Regarding the 112(b) and (d) Rejection:
Applicant is thanked for the corrections made to address the 112 rejections of record, which have been withdrawn. (Id. at pages 5-7)
Regarding the 101 Rejections:
Examiner has updated the rejection, as seen in the rejection in chief.
Applicant refers to Claims 1-10 being traversed under 101. (Id. at page 7) The claims previously recited were Claims 1-4 and at present only consist of Claims 1 and 3.
Applicant argues that the operations achieved with the claimed method are provided for controlled transfer/exchange of energy between two separate devices, one being a fixed device, which is the trade point device and the other being a portable device, which is the portable energy storage device. (Id. at page 7) Applicant further notes that the transfer of energy is carried out in dual forms, including a physical form of electricity and a digital form of power dollar. (Id.) Applicant continues, arguing that the power dollar is an equivalent of electricity, that is, electricity can be converted into the power dollar, citing the specification for the proposition that “the electricity exchange unit 26 is operable to carry out calculation and conversion between electricity and power dollars”. (Id. at pages 7-8)
Applicant asserts that transfer of energy in dual forms is not an abstract idea as the operations are not simply organizing human activity and involve exchange or transfer of a physical subject, which is energy, and in particular, green energy. (Id.) Applicant admits that the power dollar and electricity can be acquired separately as separate items, acknowledging that one can accumulate electricity in the portable energy storage device without operating power dollar or can operate power dollar without any transfer of electricity. (Id.)
Examiner is of another opinion. The claim is disclosed to be “for transfer of energy” and requires the online connection with a transaction management host. The claim makes clear that there is no physical connection with the transaction management host.
Applicant’s specification indicates that the transaction management host part of the electricity bank platform. As currently recited, the transaction management host is connected online through the trade point device and is updated by the trade point device subsequently making a report to the transaction management host and then transaction management host transmits an updated record of available power dollar back to the trade point device and portable energy storage device.
The actual transaction management host is not, in the embodiment disclosed in the claims, physically operating with the trade point device and the portable energy device – rather, it serves to transmit data back and forth to the trade point device and the portable energy storage device. The transaction management host is not defined as a device itself, rather it is part of the electricity bank platform. The specification discloses the following:
“EXAMPLE 2: Electricity Exchange and Transaction Mode of Trade Point Device 20
A dealer can be a shop, such as a battery exchange station and a convenience store, which is capable of exchange of electricity and/or sale of goods. The dealer sets up at least one trade point device 20, and the dealer proceeds with registration and verification of member data and device for the trade point device 20 owned thereby in the transaction management host 10 of the electricity bank platform, and establishes online connection of the trade point device 20 with the transaction management host 10 of the electricity bank platform, and also, the trade point device 20 uses the electrical power connection port 262 of the electricity exchange unit 26 for connection with the electrical power connection port 352 of the portable energy storage device 30 of an individual member for exchange of electricity, and to carry out trade with the capacity power dollar or the available power dollar of the individual member by means of the near sensing units 27, 33 of the two, and online connection is set up between the transaction management host 10 and the trade point device 20 to transmit transaction data to the transaction management host 10 to generate a power dollar trading event, which is recorded and stored in the transaction management host 10.” (See Applicant Spec page 12, line 15 – page 13, line 5)
“EXAMPLE 3: Mode of Trading with Electricity between Portable Energy Storage Device 30 and Trade Point Device 20
An individual member uses the portable energy storage device 30 owned thereby to sell or buy electricity with the trade point device 20 of a dealer. Taking selling electricity as an example, the individual member first operates energy generation equipment, such as solar cells and wind power generators, to generate electricity or makes changes with traditional power grids, and stores the electricity in the energy accumulation unit 353 of the electrical power accumulation unit 35 of the portable energy storage device 30, and uses the electrical power management unit 351 of the electrical power accumulation unit 35 to convert stored electricity capacity into capacity power dollar. For example, the storage capacity of the energy accumulation unit 353 is 100000mAh, and the capacity power dollar is 100PD, and the individual member may select to sell 80000 mAh by connecting the electrical power connection port 352 of the portable energy storage device 30 to the electrical power connection port 262 of the electricity exchange unit 26 of the trade point device 20, and also placing the portable energy storage device 30 on the trade point device 20 to have the near field sensing units 33, 27 of the two sensing each other, and operating the trading module 25 of the trade point device 20 to select selling electricity and a sale amount (such as 80PD of the capacity power dollar, and at this moment, the portable energy storage device 30 uses the electrical power accumulation unit 35 to transfer 80000 mAh to the energy storage equipment 263 of the electricity exchange unit 26 of the trade point device 20, and also, the trade point device 20 counts 80PD in the available power dollar of the memory unit 32 of the portable energy storage device 30, and at this moment, the memory unit 32 of the portable energy storage device 30 records therein a remaining amount of the capacity power dollar to be 20 PD (remaining electricity capacity being 20000 mAh) and the available power dollar being 80PD, and a power dollar trading event is thus generated, and the trade point device 20 transmits the power dollar trading even to the trading event management module 15 of the transaction management host 10 to proceed with data storage and management. In an example of buying electricity, the individual member, for a need of electricity, brings the portable energy storage device 30 owned thereby to a dealer to use the trade point device 20 owned thereby to buy electricity, and the individual member connects the electrical power connection port 352 of the portable energy storage device 30 to the electrical power connection 262 of the electricity exchange unit 26 of the trade point device 20, and also places the portable energy storage 30 on the trade point device 20 to have the near field sensing units 33, 27 of the two sensing each other, and then operates the trading module 25 of the trade point device 20 to select buying electricity and a required amount (such as 75PD of capacity power dollar), and at this moment, the energy storage equipment 263 of the trade point device 20 transfers an electricity capacity of 75000 mAh to the energy accumulation unit 353 of the portable energy storage device 30, and also, the trade point device 20 deducts 75PD from the available power dollar of the memory unit 32 of the portable energy storage device 30, such as the available power dollar initially owned by the portable energy storage device 30 being 250PD, and now only 175PD left, and also the memory unit 32 of the portable energy storage device 30 records a remaining amount of the capacity power dollar increasing by 75PD (meaning remaining electricity capacity being increased by 75000 mAh, such as increasing from 5000 mAh to 80000 mAh), and a power dollar trading event is thus generated, and the trade point device 20 transmits the power dollar trading event to the trading event management module 15 of the transaction management host 10 to proceed with data storage and management.” (See Applicant Spec page 13, line 6 - page 15, line 5)
The trading event between the transaction management host is one of the trade point device making a report to the transaction management host and getting a response from the transaction management host, which is part of the electricity bank platform. In effect, the transaction management host is providing a trading event management module to manage updating account data by some undisclosed formula or manner. The actions of the electricity bank platform and the transaction management host (with the exception of communicating data between the transaction management host and the portable energy storage device and trade point device) appear to be occurring outside of the bounds of the process disclosed. The transaction management host appears to be receiving and sending data that determines compensation for energy . The 101 rejection is maintained.
Regarding the 103 Rejections:
Examiner has updated the 103 rejection to account for Applicant’s amendments as seen in the rejection in chief.
While Examiner has reviewed Applicant’s arguments, the claims are not commensurate in scope with the arguments presented, as acknowledged by Applicant. (Id. at pages 9-10) The “gist” of the invention as being related to green energy and the assertion that the energy in either physical (as electricity) and as a digital form (power dollar) are equivalent does not overcome the prior art, which is focused on the claims as recited.
Applicant takes apparent issue with Takada and asserts that purpose of Takada is distinct from the purpose of the instant invention. (Id. at page 10) It is not clear where there is an issue between purchasing and selling electrical power and the instant invention – rather the instant invention only calls for an equivalency (trading) of electricity and/or available power dollar. This is not incongruent with the combination of art applied in the rejection. The 103 rejection has not been overcome.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AMBREEN A. ALLADIN whose telephone number is (571)270-3533. The examiner can normally be reached Monday - Friday 9-5.
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/AMBREEN A. ALLADIN/Primary Examiner, Art Unit 3691 March 18, 2026