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 .
Response to Amendment
This action is responsive to applicant's amendment and remarks received on 06/23/2026.
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) 1, 5-17, and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Htay (US 20160057039 A1) in view of Guha et al. (US 20150186904 A1).
Regarding claim 1, Htay teaches a method (Htay discloses a method implemented through a server, specifically an Software Defined Networking (SDN) controller, to determine carbon footprint of a network service in a network ([0003])) comprising: a processing system including at least one processor deployed in a communication network (Htay discloses a processing system — specifically server 200 operating as SDN controller 60 — deployed within a communication network. [0003]-[0004]: "The server can be a Software Defined Networking controller." [0022]: The server 200 includes "a processor 202, input/output (I/O) interfaces 204, a network interface 206, a data store 208, and memory 210." [0017]: The SDN controller 60 is deployed within the SDN network 10, a communication network operating at Layers 0-3.); and
providing, by the processing system, the electrical power source information to at least one element of the communication network (Htay expressly discloses that the SDN controller provides power source-derived information to network elements as a network parameter. [0030]: "The process 350 includes determining power sources for the devices 304, 306, 308 and the associated carbon footprint coefficients." [0027]: "This computed carbon footprint can become a network parameter in the SDN network 10, the SDN network devices 306, and the NFV network devices 308." [0051]-[0055]: The carbon footprint assignment process 500 computes and assigns carbon footprint data — which is directly derived from electrical power source type per CLLI code and utility identity — to each network element and proportionately to the network services running through those elements.) to perform at least one control action in the communication network in response to the electrical power source information (Htay discloses multiple control actions performed by the SDN controller in direct response to electrical power source information. [0027]: "The carbon footprint can be used for routing (e.g., preference lower carbon footprint devices), for green optimization (e.g., moving Virtual Machines (VM) to lower carbon footprints)." [0034]: "A Path Computation Engine (PCE) can use the maximum carbon footprint as service constraint when finding a route for the connection request. The route with the lowest carbon footprint is returned." [0003]: The server causes "relocating the one or more Virtual Machines based on determining a reduced carbon footprint," which constitutes VNF/VM instantiation and migration as a direct control action responsive to power source information.).
Htay further teaches that the electrical power source information identifies the source of the electrical power supplied to each network element and the type of that source. Htay [0031] identifies Florida Power & Light as the utility supplying a network device and distinguishes solar energy from natural gas as the source type depending on time of day and weather. Htay [0050] provides a table of distinct fuel source types — coal, natural gas, geothermal, and others. Htay [0054] ties source identification to the specific "CLLI code and utility involved" for each network element.
Htay does not expressly disclose obtaining an alternating current electrical power signal via an electrical power distribution line, wherein the alternating current electrical power signal is modulated to include electrical power source information for a source of electrical power of the alternating current electrical power signal; or extracting, by the processing system, the electrical power source information from the alternating current electrical power signal. Htay [0031] discloses that "the process 350 can automatically retrieve details of the power source over a network by connecting to the power provider," and [0030] acknowledges that the coefficient "would be best if the power generators provided a way to get their dynamic value" — but Htay delivers this information by a separate data network query rather than over the AC power distribution line.
In an analogous art, Guha teaches obtaining an AC electrical power signal via a power distribution line, wherein the AC signal is modulated to include electrical power source information for the source of that AC signal, and extracting that information from the AC signal. Guha [0019] discloses that solar panels and wind turbines produce DC power, that an inverter ("DC/AC converter") adjacent to them "converts the DC power to AC," that "these inverters are connected to a power grid," and that "The inverter also provides DC-in and AC-out data (e.g., voltage, current, efficiencies, etc.) as well as other data depending on the inverter such as temperature, light level (intensity) via power line communication (PLC)." The inverter is the source of the AC electrical power signal, and the data it transmits by PLC is information for that source, carried on the line delivering that same AC signal. Guha [0002]-[0003] confirms the system distinguishes renewable sources (wind, solar) from traditional sources (coal, oil, gas, nuclear). Guha [0020] teaches the modulation: PLC "involves transmitting data on a conductor (i.e., wire) which also serves for electric power transmission," and PLC systems "operate by imparting a modulated carrier signal on the given wiring system." Guha [0020] further teaches that PLC is not limited to premises wiring — "some systems involve transmission across multiple wiring levels, for example, between both a distribution network and premises wiring." Guha teaches extraction and delivery to a processing system: an adapter "interfaces the PLC to the network via an IP/Ethernet" ([0021]); that adapter connects to server 108, which reads the inverter-supplied "DC-in and AC-out data" and forwards it to a central server "to enable actuation of various components" ([0026]); and the controller reads the aggregated information and drives actuators in response ([0033]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to obtain Htay's electrical power source information via a modulated AC electrical power signal on the power distribution line, as taught by Guha, rather than by a separate data network query. Htay [0030] states that the dynamic power source coefficient "would be best if the power generators provided a way to get their dynamic value," and Htay [0031] establishes why timeliness matters — the source alternates between solar and natural gas during the day. Htay thus identifies the need for a direct generator-to-consumer delivery mechanism without supplying one; Guha [0019] supplies it, with the generating inverter reporting its own data over the line it energizes. Guha [0021] and [0026] further show that PLC-delivered source data is handed off through an IP/Ethernet adapter to a server that issues control commands, and a person of ordinary skill in the art would have recognized Htay's SDN controller as the same type of network-level consumer of that data. The combination applies a known technique — modulating a carrier signal onto power wiring, including across distribution-network and premises levels (Guha [0020]) — to a known system ready for improvement, yielding the predictable result that Htay's SDN controller receives real-time source information and applies it to the routing and VM/VNF placement decisions it already performs. See MPEP 2143(I)(D).
Regarding claim 5, Htay in view of Guha discloses the method of claim 1, wherein the alternating current electrical power signal is modulated to include the electrical power source information using a power line carrier communication (Guha at [0020] discloses that "PLC involves transmitting data on a conductor (i.e., wire) which also serves for electric power transmission" and that "PLC systems operate by imparting a modulated carrier signal on the given wiring system." Guha at [0019] discloses that the inverter, which converts the DC power generated by the solar panels and wind turbines to AC and is connected to the power grid, "provides DC-in and AC-out data (e.g., voltage, current, efficiencies, etc.) as well as other data depending on the inverter such as temperature, light level (intensity) via power line communication (PLC)." Guha thus teaches that the electrical power source information is modulated onto the AC electrical power signal using power line carrier communication. Guha at [0020] further teaches that such PLC transmission is not confined to a single wiring level, as "some systems involve transmission across multiple wiring levels, for example, between both a distribution network and premises wiring," and at [0021] teaches that low-frequency PLC transmissions on high-voltage power lines may be carried "over long distances (i.e., over many miles)." The rejection of claim 1 over Htay in view of Guha is incorporated herein by reference. For at least the reasons set forth in the rejection of claim 1 and for the additional reasons set forth above, claim 5 is unpatentable.).
Regarding claim 6, Htay in view of Guha discloses the method of claim 1, wherein the electrical power source information identifies: the source of the alternating current electrical power signal; or a type of the source of the alternating current electrical power signal (Htay teaches both alternatives. With respect to identifying the source of the electrical power signal, Htay at [0054] discloses that each network element's carbon footprint coefficient is determined based on the "CLLI code and utility involved," identifying the specific utility company supplying each network element, and Htay at [0031] identifies Florida Power & Light as the named electrical power source supplying a network device. With respect to identifying the type of the source, Htay at [0031] distinguishes between solar energy and natural gas as different types of electrical power sources supplying the same utility site depending on time of day and weather conditions. Htay at [0050] provides a table listing CO₂ emissions for distinct fuel source types, including bituminous coal, natural gas, geothermal, lignite coal, petroleum coke, and others, confirming that Htay identifies and tracks the specific type of electrical power source associated with each network element. Guha further teaches this limitation at [0019], disclosing that the inverter — the source of the AC electrical power signal — transmits its own AC-out data, efficiency data, and light level data via PLC, and at [0002]-[0003], distinguishing renewable energy sources such as wind and solar from traditional energy sources such as coal, oil, natural gas, and nuclear power. The rejection of claim 1 over Htay in view of Guha is incorporated herein by reference. For at least the reasons set forth in the rejection of claim 1 and for the additional reasons set forth above, claim 6 is unpatentable.).
Regarding claim 7, Htay in view of Guha discloses the method of claim 1, wherein the at least one control action comprises at least one of: instantiating a virtual network function; de-instantiating a virtual network function; or configuring a virtual network function (Htay expressly teaches all three alternatives. With respect to instantiating a virtual network function, Htay at [0003] discloses "operating a hypervisor to manage Network Function Virtualization through one or more Virtual Machines associated with the network service," and at [0047] describes replacing physical security appliances with Virtual Machines running on a server — i.e., instantiating a VNF in place of a physical appliance — as a direct result of carbon footprint optimization based on power source information. With respect to de-instantiating a virtual network function, Htay at [0003] and [0034] discloses relocating Virtual Machines from one data center to another based on determining a reduced carbon footprint attributable to the power source at the destination data center. VM relocation inherently requires de-instantiating the VM at the source data center and instantiating it at the destination, as the hypervisor 380 described at [0033]-[0034] manages this movement between two data centers. Htay at [0057] expressly confirms this two-step process: "moving the VM to DC2" from DC1, which a person of ordinary skill in the art would understand to require de-instantiation at DC1. With respect to configuring a virtual network function, Htay at [0033] discloses that the hypervisor 380 "can be a network resource broker and scheduling application that offers immediate or scheduled bandwidth-on-demand to the enterprise 302 through an end-user portal or applications such as cloud and NFV orchestration systems via its open northbound API," establishing that the hypervisor performs configuration of virtual network functions as part of its NFV management role in response to carbon footprint — i.e., power source — information. The rejection of claim 1 over Htay in view of Guha is incorporated herein by reference. For at least the reasons set forth in the rejection of claim 1 and for the additional reasons set forth above, claim 7 is unpatentable.).
Regarding claim 8, Htay in view of Guha discloses the method of claim 1, wherein the at least one control action comprises a routing action (Htay [0027] discloses that the carbon footprint derived from electrical power source information "can be used for routing (e.g., preference lower carbon footprint devices)," teaching routing as a control action performed in response to electrical power source information. Htay at [0034] further discloses that "a Path Computation Engine (PCE) can use the maximum carbon footprint as service constraint when finding a route for the connection request" and that "The route with the lowest carbon footprint is returned, if requested," confirming that routing decisions in Htay's SDN network are made directly in response to power source-derived carbon footprint information. The rejection of claim 1 over Htay in view of Guha is incorporated herein by reference. For at least the reasons set forth in the rejection of claim 1 and for the additional reasons set forth above, claim 8 is unpatentable.).
Regarding claim 9, Htay in view of Guha discloses the method of claim 1, wherein the at least one control action comprises a reporting of the electrical power source information for the at least one element to at least one other device (Htay expressly teaches this limitation. Htay at [0020] discloses that carbon footprint information — which is directly derived from electrical power source type per [0030]-[0031] — is tracked and provided to enterprises so they can "optimize their network services such as through migration to providers with lower carbon footprint, moving virtualized data centers over the day to maximize usage of green power, participate in carbon credit trading." This establishes that Htay's processing system reports electrical power source information for network elements outward to other entities and devices. Htay at [0055] further discloses that "the service provider can proportionately assign the dynamic carbon footprint for this service, as well as track the dynamic carbon footprint for the lifetime of the network service" and provide it to the enterprise 302 involved — directly teaching reporting of per-element power source information to another device, namely the enterprise's systems. Htay at [0057]-[0058] additionally discloses that following VM movement, "the new carbon footprint cost of the VM at DC2...can be provided to the enterprise 302 involved," confirming that reporting of power source-derived information to at least one other device is an express and repeated feature of Htay's system. Guha further corroborates this teaching at [0026], disclosing that the data collected via the PLC-Ethernet adapter and processed by the server may be "sent over an Ethernet network to a central server...for further processing in order to 1) enable actuation of various components, and/or to be distributed to stakeholders or customers," establishing that power source information obtained from the AC power line is reported to other devices in the combined system. The rejection of claim 1 over Htay in view of Guha is incorporated herein by reference. For at least the reasons set forth in the rejection of claim 1 and for the additional reasons set forth above, claim 9 is unpatentable.).
Claim 10 is rejected under 35 U.S.C. 103 over Htay in view of Guha for the same reasons set forth with respect to claim 1. Claim 10 recites a computer-readable medium storing instructions (see, e.g., Htay [0025] and [0059]) when executed by a processing system including at least one processor when deployed in a communication network, cause the processing system to perform the same operations recited in method claim 1. The functional limitations of claim 10 correspond to the steps of claim 1 in executable-code form, and the scope and content of these features are substantially the same as those addressed in the rejection of claim 1.
Regarding claim 11, Htay teaches a method comprising: obtaining, by a processing system including at least one processor (Htay discloses a processing system — specifically server 200 operating as SDN controller 60 — deployed within a communication network. [0003]-[0004]: "The server can be a Software Defined Networking controller." [0022]: The server 200 includes "a processor 202, input/output (I/O) interfaces 204, a network interface 206, a data store 208, and memory 210." [0017]: The SDN controller 60 is deployed within the SDN network 10, a communication network operating at Layers 0-3.), electrical power source information for a source of electrical power to at least one network element of a communication network (Htay [0030]: "The process 350 includes determining power sources for the devices 304, 306, 308 and the associated carbon footprint coefficients." [0031] provides a concrete example, identifying solar energy and natural gas as the power source types supplying network devices, and [0054] ties this information to the specific utility supplying each network element via CLLI code.);
selecting, by the processing system, at least one control action for the communication network in response to the electrical power source information (Htay expressly teaches selecting control actions in response to electrical power source information. [0027] discloses that the carbon footprint derived from power source type information "can be used for routing (e.g., preference lower carbon footprint devices), for green optimization (e.g., moving Virtual Machines (VM) to lower carbon footprints)." [0034] further discloses that a Path Computation Engine selects a route based on carbon footprint — derived from power source type — as a service constraint, returning "the route with the lowest carbon footprint." ); and
performing, by the processing system, the at least one control action in the communication network (Htay expressly teaches performing the selected control actions in the communication network. [0027] discloses routing preference for lower-carbon devices and VM migration as performed control actions. [0033]-[0034] discloses that the hypervisor 380 executes VM movement between data centers based on power source carbon footprint. [0056]-[0058] confirms that the VM is physically moved from DC1 to DC2 and the resulting carbon footprint is calculated and assigned.).
However, Htay does not expressly disclose wherein the electrical power source information is obtained via an alternating current electrical power distribution line, wherein an alternating current electrical power signal on the alternating current electrical power distribution line is modulated to include the electrical power source information. Htay at [0031] discloses that "the process 350 can automatically retrieve details of the power source over a network by connecting to the power provider," and at [0030] acknowledges that the coefficient "would be best if the power generators provided a way to get their dynamic value" — but Htay obtains this information by a separate data network query rather than via the AC power distribution line.
In an analogous art, Guha teaches obtaining electrical power source information via an AC electrical power distribution line, wherein an AC electrical power signal on that line is modulated to include the electrical power source information. Guha at [0019] discloses that solar panels and wind turbines produce DC power, that an inverter ("DC/AC converter") adjacent to them "converts the DC power to AC," that "these inverters are connected to a power grid," and that "The inverter also provides DC-in and AC-out data (e.g., voltage, current, efficiencies, etc.) as well as other data depending on the inverter such as temperature, light level (intensity) via power line communication (PLC)." The inverter is the source of the AC electrical power signal, and the data it transmits by PLC is information for that source, carried on the line delivering that same AC signal. Guha at [0020] teaches the modulation: PLC "involves transmitting data on a conductor (i.e., wire) which also serves for electric power transmission," and PLC systems "operate by imparting a modulated carrier signal on the given wiring system." Guha at [0020] further teaches that PLC transmission is not confined to premises wiring, as "some systems involve transmission across multiple wiring levels, for example, between both a distribution network and premises wiring." Guha at [0021] discloses that "[a]n adapter interfaces the PLC to the network via an IP/Ethernet," and at [0026] that the PLC-Ethernet adapter is connected to server 108, which reads the inverter-supplied "DC-in and AC-out data" and forwards it for further processing "to enable actuation of various components."
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to obtain Htay's electrical power source information via a modulated AC electrical power signal on the AC power distribution line, as taught by Guha, rather than by a separate data network query. Htay at [0030] states that the dynamic power source coefficient "would be best if the power generators provided a way to get their dynamic value," and Htay at [0031] establishes why timeliness matters — the source alternates between solar and natural gas during the day. Htay thus identifies the need for a direct generator-to-consumer delivery mechanism without supplying one; Guha at [0019] supplies it, with the generating inverter reporting its own data over the line it energizes. Guha at [0021] and [0026] further show that PLC-delivered source data is handed off through an IP/Ethernet adapter to a server that issues control commands, and a person of ordinary skill would have recognized Htay's SDN controller as the same type of network-level consumer of that data. The combination applies a known technique — modulating a carrier signal onto power wiring, including across distribution-network and premises levels (Guha at [0020]) — to a known system ready for improvement, yielding the predictable result that Htay's SDN controller receives real-time source information and applies it to the routing and VM/VNF placement decisions it already performs. See MPEP 2143(I)(D).
Claim 12 depends from claim 11 and adds the same limitation as claim 7 — requiring that the at least one control action comprises at least one of instantiating, de-instantiating, or configuring a virtual network function. This limitation is fully taught by Htay for the same reasons set forth in the rejection of claim 7 above. Claim 12 is therefore unpatentable for the same reasons set forth in the rejections of claims 7 and 11.
Regarding claim 13, Htay in view of Guha discloses the method of claim 12, wherein the processing system comprises: a software-defined network controller; or a self-organizing network orchestrator (Htay expressly teaches the software-defined network controller alternative. Htay's entire disclosure is premised on an SDN controller as the processing system that obtains electrical power source information and performs control actions in the communication network in response thereto. Htay [0003]-[0004] expressly states: "The server can be a Software Defined Networking controller." Htay [0017] further discloses that "the SDN network 10 includes an SDN controller 60 with the ability to centrally program provisioning of forwarding on the network 10 in order for more flexible and precise control over network resources to support new services." Htay [0021] further describes the SDN controller 60 as comprising an infrastructure layer, a control layer, and an application layer through which it manages network services and performs control actions across the SDN network. The rejection of claims 11-12 over Htay in view of Guha is incorporated herein by reference. For at least the reasons set forth in the rejection of claims 11-12 and for the additional reasons set forth above, claim 13 is unpatentable.).
Claim 14 depends from claim 11 and adds the same limitation as claim 8 — requiring that the at least one control action comprises a routing action. This limitation is fully taught by Htay for the same reasons set forth in the rejection of claim 8 above. Claim 14 is therefore unpatentable for the same reasons set forth in the rejections of claims 8 and 11.
Regarding claim 15, Htay in view of Guha discloses the method of claim 14, wherein the processing system comprises: a router; or an endpoint device (Htay expressly teaches the router alternative. Htay's SDN network 10 includes packet switches and routers as processing elements that perform routing actions in the communication network. Htay [0017] discloses that the SDN controller 60 centrally programs "provisioning of forwarding on the network 10" for the switches 70, 72, 74, establishing that routing-capable processing elements are integral components of Htay's communication network. Htay [0019] further discloses that the packet switches 74 are traditional Ethernet switches performing routing and forwarding functions within the network. Htay [0027] discloses that the carbon footprint derived from electrical power source information becomes "a network parameter in the SDN network devices 306," confirming that individual routing devices within the network receive and act on power source information as part of the claimed control action. The rejection of claims 11 & 14 over Htay in view of Guha is incorporated herein by reference. For at least the reasons set forth in the rejection of claims 11 & 14 and for the additional reasons set forth above, claim 15 is unpatentable. ).
Regarding claim 16, Htay in view of Guha discloses the method of claim 11, wherein the at least one control action is selected in accordance with a rule set or via a machine learning model-based control action selection algorithm implemented by the processing system (Htay expressly teaches the rule set alternative. Htay's SDN controller selects control actions based on explicit conditional rules applied to electrical power source information. Htay [0034] discloses a concrete rule governing VM migration: "If the new Data Center (DC) has a lower carbon footprint than the old DC it makes sense to allow the movement to execute" — establishing that the processing system applies an explicit conditional rule to power source-derived carbon footprint values to select the VM migration control action. Htay [0027] further discloses a routing preference rule directing the processing system to prefer network devices with lower carbon footprints — i.e., those powered by cleaner energy sources — when selecting routing control actions. Htay [0034] additionally discloses that a Path Computation Engine applies carbon footprint as "a service constraint when finding a route," returning "the route with the lowest carbon footprint" — a deterministic, rule-based selection algorithm applied to electrical power source information. Guha further teaches the machine learning alternative. Guha at [0025] discloses neural network modeling and states that "[t]he use of neural networks, a machine-learning technique, is known to those of skill in the art," and Guha at [0044] discloses that the analytics/modeling manager "includes neural network and self-learning approaches." Guha at [0033] and [0040] discloses that the controller reads the resulting aggregated and modeled information and prioritizes and selects which actions to perform in response. The rejection of claim 11 over Htay in view of Guha is incorporated herein by reference. For at least the reasons set forth in the rejection of claim 11 and for the additional reasons set forth above, claim 16 is unpatentable.).
Regarding claim 17, Htay in view of Guha discloses the method of claim 11, further comprising: providing the electrical power source information to at least one device that is external to the communication network (Htay [0020] discloses that carbon footprint information — derived directly from electrical power source type — is tracked and provided to enterprises so they can "optimize their network services such as through migration to providers with lower carbon footprint, moving virtualized data centers over the day to maximize usage of green power, participate in carbon credit trading." Figure 4 illustrates the enterprise 302 is a device or system external to the communication network that receives power source information from Htay's processing system. Htay [0056]-[0058] further discloses that following VM movement, "the new carbon footprint cost of the VM at DC2...can be provided to the enterprise 302 involved," confirming that electrical power source information is affirmatively provided to an external device as a discrete step in Htay's process. Htay [0040] additionally contemplates providing carbon footprint information to individual users via the mobile device 400, which is external to the communication network, further corroborating this teaching. Guha further corroborates this teaching at [0026], disclosing that once the data is processed and integrated by the server, it "can be sent over an Ethernet network to a central server (not shown) for further processing in order to 1) enable actuation of various components, and/or to be distributed to stakeholders or customers," establishing that power source information obtained via the AC power line is provided to devices external to the network in the combined system. The rejection of claim 11 over Htay in view of Guha is incorporated herein by reference. For at least the reasons set forth in the rejection of claim 11 and for the additional reasons set forth above, claim 17 is unpatentable.).
Claim 19 depends from claim 11 and adds the same limitation as claim 5 — requiring that the AC electrical power signal on the power distribution line is modulated to include electrical power source information using a power line carrier communication. This limitation is fully taught by Guha for the same reasons set forth in the rejection of claim 5 above. Claim 19 is therefore unpatentable for the same reasons set forth in the rejections of claims 5 and 11.
Claim 20 depends from claim 19 and adds the same limitation as claim 6 — requiring that the electrical power source information identifies either a source of the alternating current electrical power signal or a type of a source of the alternating current electrical power signal. This limitation is fully taught by Htay for the same reasons set forth in the rejection of claim 6 above. Claim 20 is therefore unpatentable for the same reasons set forth in the rejections of claims 6, 11, and 19.
Claim(s) 2-3, 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Htay (US 20160057039 A1) in view of Guha et al. (US 20150186904 A1) as applied to claims 1 and 17 above, and further in view of Chan (US 20100238003 A1).
Regarding claim 2, Htay in view of Guha discloses the method of claim 1, but does not expressly disclose wherein the processing system comprises a power supply module for converting the alternating current electrical power signal into a direct current signal for powering at least one component of the communication network.
In an analogous art, Chan discloses a power supply module that performs this AC-to-DC conversion. Chan [0060] discloses that gateway 300 "may be connected to a premises location AC power supply, such as a standard 120-volt wall outlet," and that "the power supply unit of gateway 300 may provide the desired DC-voltages required by the variety of high-speed powerline, low-speed powerline, ZigBee, or other chipsets embodied in the system." Chan [0060] further discloses that "specific chipsets typically operate at particular DC-voltages which are essential for proper functioning," confirming that the power supply unit converts the incoming AC electrical power signal to DC to power the device's components. Chan [0052] discloses a DC converter 337 within gateway 300, and Chan [0070] discloses a power supply 437 providing a "12V 500 mA DC output."
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include Chan's AC-to-DC power supply module in the processing system of Htay in view of Guha. The processing system of the combination is coupled to the AC electrical power distribution line to obtain the modulated AC signal, and Htay [0022]-[0025] discloses that server 200 comprises a processor, memory, and network interface — components that operate on DC power. Chan [0060] teaches that where a device is connected to a 120-volt AC source, its power supply unit supplies the particular DC voltages its chipsets require, and further teaches coupling the powerline chipsets to that same AC source through the power supply unit. A person of ordinary skill would have had reason to adopt that arrangement in the combined system so that a single connection to the AC line both powers the processing system and provides the signal path, yielding the predictable result of a device that draws DC operating power from, and receives modulated data over, the same AC line. See MPEP 2143(I)(D).
Regarding claim 3, Htay in view of Guha and Chan discloses the method of claim 2, wherein the power supply module includes a demodulator to extract the electrical power source information from the alternating current electrical power signal (Chan at [0060] discloses that "coupling of powerline chipsets 319 or 331 to premise wiring may be embodied in an AC/DC coupler integrated into the power supply unit or battery backup module 335 of gateway 300." Chan further discloses at [0060] that "in utilizing a 120-volt AC power source to supply electrical power to the gateway 300, an AC/DC coupler may additionally couple powerline chipsets 319 or 331 to the premises wiring via the same power source." Chan thus explicitly teaches that the powerline chipsets — which perform the demodulation of the modulated carrier signal on the AC wiring per [0053] — are coupled to the AC power distribution line through an AC/DC coupler that is physically integrated into the power supply unit of the gateway. Because the powerline chipsets 319/331 implement the demodulation function ([0053]: "the carrier signal allows the transfer of data between the gateway 300 and various client devices"), and because those chipsets are coupled to the AC line via a coupler integrated into the power supply unit ([0060]), Chan teaches a power supply module that includes, or is directly integrated with, a demodulator for extracting information from the AC electrical power signal. To the extent Chan does not expressly place the demodulator entirely within the power supply module as a single discrete unit, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to do so, as Chan expressly teaches integrating the AC/DC coupler and the powerline chipset coupling into the power supply unit as a unified design, and further teaches at [0059] that the coupling may be embodied in a single location rather than separate locations for each chipset. Combining these already co-located functions into a single module involves nothing more than a rearrangement of known components performing their established functions to obtain a predictable result. See MPEP 2143(I)(A), (D).).
Regarding claim 18, Htay in view of Guha discloses the method of claim 17, but does not expressly disclose further comprising: obtaining a selection of the at least one control action from the at least one device that is external to the communication network.
In an analogous art, Chan at [0066] discloses that "utility companies may send command or control data signals to customer gateways 300 in order to shut down client devices during times of peak power usage," teaching that an external device — the utility company's remote server — sends a selected control action to the gateway processing system for execution. Chan at [0102] further discloses that "utility or service provider may command or control customer gateway 905 and thus connected customer client devices," and at [0103] that "customer may configure gateway 905 to operate based upon price levels provided by utility or service provider," and that "gateway 905 may perform command or control of client devices efficiently scheduled in response to energy pricing data provided by utility or service provider via remote management system 900," establishing that the external utility server's transmissions constitute control action selections that the gateway receives and acts upon. Htay corroborates this teaching at [0033], disclosing that hypervisor 380 "can be a network resource broker and scheduling application that offers immediate or scheduled bandwidth-on-demand to the enterprise 302 through an end-user portal or applications such as cloud and NFV orchestration systems via its open northbound API," establishing that control action selections originating from external orchestration systems are received and executed by the processing system.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Chan's teaching of receiving control action selections from an external utility server into the system of Htay in view of Guha. Htay at [0020] already contemplates that enterprises use the reported power source information to direct optimization of their network services, and Chan at [0066] and [0102] teaches the corresponding return path by which the external entity that supplies the energy information also supplies the resulting command and control signals. Applying that known bidirectional arrangement to the combined system yields the predictable result of an external device both receiving the extracted power source information and selecting the responsive control action. See MPEP 2143(I)(D).
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Htay (US 20160057039 A1) in view of Guha et al. (US 20150186904 A1) and Chan (US 20100238003 A1) as applied to claim 2 above, and further in view of Templeton (US 20160036222 A1).
Regarding claim 4, Htay in view of Guha and Chan discloses the method of claim 2, wherein the power supply provides the electrical power source information to at least one element of the communication network via at least one of: an inter-integrated circuit communication; a system management bus communication; a serial peripheral interface communication; or a controller area network communication.
In an analogous art, Templeton expressly teaches using SMBus, SPI, and I2C as standard interfaces for a power supply to communicate status information to a system-level controller. Templeton discloses at [0007] that "the controller is connected to a management bus via a management bus interface" and that "the management bus can include any suitable bus such as a system management bus (SMBus), a serial peripheral interface (SPI) bus, or an Inter-IC (I2C) bus." Templeton further at [0060] discloses that "control reports the statuses of the power supplies to the system supervisor via the SMBus," directly teaching a power supply communicating its operational information to a system-level controller over SMBus. Templeton thus teaches at least three of the four enumerated alternatives — SMBus, SPI, and I2C — in precisely the context of power supply-to-controller information communication.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the internal communication between the power supply module of the combined system of Htay, Guha, and Chan and the processing system's network-facing components using any one of the interfaces taught by Templeton — SMBus, SPI, or I2C — for the following reasons. First, Templeton establishes that these three interfaces are recognized, interchangeable standard options for exactly this application: communicating power supply status and operational information to a system supervisor or controller. Second, the combined Htay/Guha/Chan processing system — an SDN controller/server receiving power source information from a PLC-enabled power supply module — presents the identical design problem that Templeton addresses: routing power-related information from a power supply unit to a processing system over a short-range serial management interface. Third, selecting among SMBus, SPI, or I2C for this purpose involves nothing more than a routine implementation detail among a small number of known, interchangeable alternatives, each yielding entirely predictable results. See MPEP 2143(I)(B), (D).
Response to Amendment
Applicant's arguments filed 06/23/2026 have been fully considered but they are not persuasive.
Argument A. Applicant argues at page 9 that Htay is "completely devoid of any motivation or suggestion" to employ a powerline carrier communication based modulated carrier signal, that this rationale is "pure hindsight based on the teachings of the present disclosure," and that “In Htay, there is no description whatsoever of any powerline carrier communication."
This argument is not persuasive. In response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971).
In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). Also see MPEP 2144(I); MPEP 2144(IV); MPEP 2141(III).
Further, the rejection does not rest on Htay's silence regarding PLC. It rests on Htay's affirmative articulation of the problem. Htay at [0030] states that the dynamic carbon footprint coefficient "would be best if the power generators provided a way to get their dynamic value," and Htay at [0031] explains why timeliness is essential — the source supplying a given site alternates between solar and natural gas depending on time of day and weather. Htay at [0054] confirms that where the utility does not supply the dynamic value directly, "an estimation is used." Htay therefore expressly identifies a need for a direct mechanism by which the generator conveys its current source information, while supplying no such mechanism. Guha at [0019] supplies one: the generating inverter reports its own operating data over the power line it energizes, "via power line communication (PLC)." Reliance on a deficiency and a stated need articulated within the primary reference itself is the opposite of impermissible hindsight.
Argument B. Applicant argues at page 9 that "the mere fact of being connected to an AC power distribution line would simply not provide any particular motivation to one skilled in the art to modify Htay as asserted by the Examiner."
This argument is not persuasive because it addresses the rationale in isolation rather than as articulated. The rejection does not rest on physical connection alone. It rests on the combination of (i) Htay's express statement of need at [0030] for generator-supplied dynamic source values, (ii) Guha's teaching at [0019] that generating equipment reports its own source data over the energized line by PLC, and (iii) Guha's teaching at [0021] and [0026] that the PLC-delivered data is handed off through an IP/Ethernet adapter to a server that reads it and issues control commands — the same architectural role Htay's SDN controller occupies. The physical availability of the AC line is context; the motivation is Htay's stated need paired with Guha's known technique for satisfying it. See MPEP 2143(I)(D).
Argument C. Applicant argues at page 9 that Chan [0049] "clearly describes communications via a serial interface, which is simply not part of the premises AC wiring," and that the Examiner's assertion regarding solar power inverters is therefore incorrect.
This argument is moot as applied to the present ground of rejection, which does not rely on Chan [0049]. Guha at [0019] discloses the inverter transmitting its DC-in and AC-out data, efficiency data, temperature, and light level "via power line communication (PLC)" without any intervening serial bridge, and Guha at [0020] confirms that PLC systems "operate by imparting a modulated carrier signal on the given wiring system."
Argument D. Applicant argues at page 10 that all AC wiring-based communications in Chan are "entirely within the premises itself using the premises AC wiring," and that the references accordingly fail to teach information received via an electrical power distribution line.
This argument is moot in view of the new ground of rejection, and in any event the premise is foreclosed by Guha. Guha at [0020] states that while most PLC technologies are limited to communications across one set of wires such as premises wiring, "some systems involve transmission across multiple wiring levels, for example, between both a distribution network and premises wiring." Guha at [0021] further discloses that low-frequency PLC transmissions "on high-voltage power lines" may be conducted "over long distances (i.e., over many miles)." Distribution-level PLC was therefore known in the art at the time of the invention and is expressly taught by the applied reference.
Argument E. Applicant argues at pages 10-11 that the amended recitation of information "for a source of electrical power of the alternating current electrical power signal" distinguishes over the art because the references describe only "a premises-based device conveying information about itself to a premises-based gateway using the premises AC wiring."
This argument is not persuasive. Under Guha, the device conveying information about itself over the power line is the source of the alternating current electrical power signal. Guha at [0019] discloses that solar panels and wind turbines produce DC power, that an inverter adjacent to them "converts the DC power to AC," and that "these inverters are connected to a power grid." The inverter thus produces the AC electrical power signal carried on the line. Guha at [0019] then discloses that "[t]he inverter also provides DC-in and AC-out data (e.g., voltage, current, efficiencies, etc.) as well as other data depending on the inverter such as temperature, light level (intensity) via power line communication (PLC)." The data modulated onto the line describes the inverter and its generating conditions, and the line carries the AC signal the inverter produces. That is electrical power source information for the source of that alternating current electrical power signal, conveyed on that signal.
To the extent the claim is further read to require identification of a source type, Htay at [0031] distinguishes solar energy from natural gas as the source supplying a given site, Htay at [0050] tabulates distinct fuel source types, and Guha at [0002]-[0003] organizes its disclosure around the distinction between renewable sources (wind, solar) and traditional sources (coal, oil, natural gas, nuclear).
Argument F. Applicant argues at page 11 that dependent claims 2, 3, 5-9, and 12-20 are patentable based on their dependency from claims 1 and 11, and at page 12 that claim 4 is patentable on the same basis.
Because independent claims 1, 10, and 11 are unpatentable for the reasons set forth above, the dependent claims are not patentable on the basis of dependency alone. The rejections of the dependent claims are maintained as set forth in this Office action.
Argument G. Regarding claim 4, Applicant argues at page 11 that Templeton fails to bridge the gap left by Htay and Chan.
This argument is not persuasive for the reasons set forth in arguments A-E above. Templeton was cited, and continues to be cited, solely for the specific interfaces recited in claim 4 — SMBus, SPI, and I2C — and not for the modulation, extraction, or control action limitations of claim 1. Where a rejection is based on a combination of references, one reference need not teach all the limitations; it is the combined teachings that must be considered. See MPEP 2145(IV). The limitations Applicant identifies as missing from Templeton are supplied by Htay in view of Guha as set forth in the rejection of claim 1.
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.
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/RAJSHEED O BLACK-CHILDRESS/Examiner, Art Unit 2685
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