Prosecution Insights
Last updated: August 15, 2026
Application No. 18/794,830

Device Energy Use Determination

Non-Final OA §112
Filed
Aug 05, 2024
Priority
Jul 12, 2021 — continuation of 12/081,063
Examiner
LIN, JASON
Art Unit
Tech Center
Assignee
PassiveLogic Inc.
OA Round
1 (Non-Final)
73%
Grant Probability
Favorable
1-2
OA Rounds
1y 1m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 73% — above average
73%
Career Allowance Rate
550 granted / 755 resolved
+12.8% vs TC avg
Strong +24% interview lift
Without
With
+23.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
27 currently pending
Career history
778
Total Applications
across all art units

Statute-Specific Performance

§101
11.7%
-28.3% vs TC avg
§103
57.0%
+17.0% vs TC avg
§102
8.8%
-31.2% vs TC avg
§112
16.4%
-23.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 755 resolved cases

Office Action

§112
Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Drawings The drawings filed on 8/5/2024 are accepted by the examiner. Information Disclosure Statement The information disclosure statement (IDS) submitted on 10/14/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Claim Objections Claim 1 is objected to because of the following informalities: “a next cycle duration” in line 8 should be “duration of a next cycle”. Appropriate correction is required. Claim 1 is objected to because of the following informalities: “a previous cycle” in line 9 should be “the previous cycle”. Appropriate correction is required. Claim 1 is objected to because of the following informalities: “a next cycle” on lines 10-11 should be “the next cycle”. Appropriate correction is required. Claim 9 is objected to because of the following informalities: “a next cycle duration” in page 2 line 3 should be “duration of a next cycle”. Appropriate correction is required. Claim 9 is objected to because of the following informalities: “a previous cycle” in page 2 line 4 should be “the previous cycle”. Appropriate correction is required. Claim 9 is objected to because of the following informalities: “a next cycle” on page 2 lines 5-6 should be “the next cycle”. Appropriate correction is required. Claim 17 is objected to because of the following informalities: “a next cycle duration” in line 6 should be “duration of a next cycle”. Appropriate correction is required. Claim 17 is objected to because of the following informalities: “a previous cycle” in line 7 should be “the previous cycle”. Appropriate correction is required. Claim 17 is objected to because of the following informalities: “a next cycle” on line 9 should be “the next cycle”. Appropriate correction is required. 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. Claims 1-20 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. Clams 1, 9 and 17 each recites “determine a previous energy accumulation by normalizing the energy accumulation and the unexpected energy expenditure amount to a next cycle duration via the means for charging the battery during a previous cycle”. The most relevant support in the specifications are “energy accumulation from a last cycle is identified using sensor data. In some implementations, when data is recorded 225, the last power cycle accumulation may be recorded. In such a case, the data can be looked up. In some implementations, the current and power of the solar panel are measured periodically during the last cycle, and are then, during operation 310, converted to an energy accumulation. An operating mode, discussed with reference to FIG. 7 , may determine a cycle period for solar power energy to be measured. This may comprise charting the raw power energy accumulations, and then filling in the gaps using the trapezoidal rule. The income estimate is then integrated to convert to energy. Other methods may be used as well. At operation 315, unexpected power expenses from the last cycle are identified. As an example of an unexpected power expense, a user may initiate a wireless connection which will draw power unexpectedly. A wireless connection may be a bluetooth connection which uses a non-directable non-connected advertisement for the message. A Bluetooth mesh proxy may adapt a connection for a device (such as a phone) (bluetooth mesh uses a non-directable non-connected advertisements for every message) Bluetooth low energy have to make a connection where you talk back and forth. Phone not listen all the time. Bluetooth mesh Proxy is adopting the connection for a phone, will translate the messages-bridge between the advertising based medium to a connection based medium. There are proxy devices we can use) which will draw power unexpectedly. The device may record the unexpected expenses during a recording event 225 during the device's last cycle. At operation 320, a budget may be created for the current cycle. The budget creating may be under control of a budget manager. The budget creation may comprise using the energy accumulation from a last cycle (which may be the previous cycle) and the unexpected operation energy consumption from the last cycle. When there is not a last cycle, such as during initialization, the energy budget may be created by making a single energy reading, expanding that reading for the length of the cycle, and using that as the energy budget. The energy accumulation may be from a solar power energy accumulation device, several solar power energy accumulation devices, a different sort of energy accumulation device, such as wind power, etc. In some embodiments, unexpected expenses from the last cycle are subtracted from the accumulated energy from the last cycle to give an energy budget. Sometimes, as when in a start-up period, the last cycle and the current cycle for which energy is budgeted may be of different lengths. When this is the case, as the energy budget is determined for a different time, the current budget may be normalized for the current length of time. For example, if the last cycle is half the length of the current cycle, then the budget for the current cycle would be 2*(energy accumulation for the last cycle−unexpected expenses from the last cycle).” (paragraph [0060]), and “In some embodiments the amount of power gathered previously minus the unexpected power used previously is the energy budget. In some embodiments, the amount of battery power available is used in the calculation. At operation 935, the cycle length is normalized. If the current cycle length is of a different length than the last cycle length or previous cycle lengths, then the amount of energy allotted to the current cycle should be normalized” (paragraph [0072]). These paragraphs, at most, provide support for “determine a power budget by normalizing the energy accumulation and the unexpected energy expenditure amount to a next cycle duration via the means for charging the battery during a previous cycle”, there is no support for “determine a previous energy accumulation by normalizing the energy accumulation and the unexpected energy expenditure amount to a next cycle duration via the means for charging the battery during a previous cycle” in the specification. Claims 2-8, 10-16 and 18-20, included in the statement of rejection but not specifically addressed in the body of the rejection have inherited the deficiency of their parent claim and have not resolved the deficiencies. Therefore, they are rejected based on the same rationale as applied to their parent claim above. The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 17-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claims 17-19 each recites non-transitory machine-readable medium comprising instructions to perform various steps (identifying, determining, performing, etc.), although the claim recites “instructions for execution by a processor” in the preamble, it is not clear how a non-transitory computer-readable medium comprising instructions by itself can perform these steps since the instructions in the body of the claims do not referred back to the instructions for execution in the preamble. Therefore, claims 17-19 is unclear and indefinite, the examiner suggested to amend the claim to recite “a non-transitory machine-readable medium comprising instructions, when executed by a processor, cause the processor to…identify (determining, performing, etc.)” to overcome the rejection. Claim 20, included in the statement of rejection but not specifically addressed in the body of the rejection has inherited the deficiency of its parent claim and has not resolved the deficiencies. Therefore, it is rejected based on the same rationale as applied to its parent claim above. Allowable Subject Matter Claims 1 and 9 would be allowable if the rejection(s) under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), 1st paragraph, set forth in this Office action, is overcome, without changing the scope of the claims. Claim 17 would be allowable if the rejection(s) under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), 1st paragraph, set forth in this Office action, without changing the scope of the claims, and if the 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), 1st paragraph, set forth in this Office action, is also overcome. The following is an examiner’s statement of reasons for allowance: Claim 1 Regarding claim 1, KR20200092074 discloses an intelligent solar street light system in which a generation amount of a photovoltaic module is predicted through accumulated meteorological data and actual generation amounts, and the amount of electricity usable per day is calculated to use the electricity for driving lightings, thereby preventing over-discharge of a battery to increase a battery lifespan, and saving costs. The system is configured to include a control unit interworking with a pillar, a photovoltaic module, lightings, and a battery to predict the amount of generation and calculate the amount of electricity that can be used daily so as to supply the power to the lighting, and the amount of daily power available for a predetermined period to be used by the lighting is controlled after calculating the estimated daily generation amount for a predetermined period calculated using the accumulated weather data stored in the control unit, and the corrected generation amount using the error rate of the actual generation amount of the photovoltaic module so as to prevent over-discharge of the battery so that a battery lifespan expands and the increase of battery capacity is unnecessary, thereby lowering production costs. In addition, the amount of electricity generated through the control unit is predicted and the amount of electricity available daily is used to drive the lighting, so that the battery is efficiently used. Thus, the weight of the battery is reduced and the capacity of the photovoltaic module for charging the battery is unnecessary, thereby reducing production costs. US20100269383 discloses an apparatus and method provides for managing solar power to a LED illumination device such as a street sign so that the power from a power storage device is monitored and variations in applied power to the LED device can be dynamically made to preserve power or increase power as appropriate. A controller may control the power management based on preprogrammed time periods, environmental factors, and solar availability. Historical tracking of available power may provide a basis for computing available power. US20160248251 discloses techniques for managing energy consumption within an energy management system are disclosed. In one embodiment, the energy management system includes a power generator and a management controller that controls activation of a plurality of load devices. The management controller is communicatively coupled to a meter that measures electrical energy transferred between the energy management system and an external power grid. The management controller monitors, using information from the meter, electrical energy transfer between the energy management system and the external power grid and receives a feed-out limit message from the external power grid. The management controller processes the feed-out limit message and modifies activation scheduling of at least one of the plurality of load devices based, at least in part, on processing the feed-out limit message. However, regarding claim 1, the combination of prior arts does not describe: determine a previous energy accumulation by normalizing the energy accumulation and the unexpected energy expenditure amount to a next cycle duration via the means for charging the battery during a previous cycle; determine at least one operating parameter for an energy-consuming activity during a next cycle based on the previous energy accumulation; and perform the energy-consuming activity according to the at least one operating parameter during the next cycle Claim 9 Regarding claim 9, KR20200092074 discloses an intelligent solar street light system in which a generation amount of a photovoltaic module is predicted through accumulated meteorological data and actual generation amounts, and the amount of electricity usable per day is calculated to use the electricity for driving lightings, thereby preventing over-discharge of a battery to increase a battery lifespan, and saving costs. The system is configured to include a control unit interworking with a pillar, a photovoltaic module, lightings, and a battery to predict the amount of generation and calculate the amount of electricity that can be used daily so as to supply the power to the lighting, and the amount of daily power available for a predetermined period to be used by the lighting is controlled after calculating the estimated daily generation amount for a predetermined period calculated using the accumulated weather data stored in the control unit, and the corrected generation amount using the error rate of the actual generation amount of the photovoltaic module so as to prevent over-discharge of the battery so that a battery lifespan expands and the increase of battery capacity is unnecessary, thereby lowering production costs. In addition, the amount of electricity generated through the control unit is predicted and the amount of electricity available daily is used to drive the lighting, so that the battery is efficiently used. Thus, the weight of the battery is reduced and the capacity of the photovoltaic module for charging the battery is unnecessary, thereby reducing production costs. US20100269383 discloses an apparatus and method provides for managing solar power to a LED illumination device such as a street sign so that the power from a power storage device is monitored and variations in applied power to the LED device can be dynamically made to preserve power or increase power as appropriate. A controller may control the power management based on preprogrammed time periods, environmental factors, and solar availability. Historical tracking of available power may provide a basis for computing available power. US20160248251 discloses techniques for managing energy consumption within an energy management system are disclosed. In one embodiment, the energy management system includes a power generator and a management controller that controls activation of a plurality of load devices. The management controller is communicatively coupled to a meter that measures electrical energy transferred between the energy management system and an external power grid. The management controller monitors, using information from the meter, electrical energy transfer between the energy management system and the external power grid and receives a feed-out limit message from the external power grid. The management controller processes the feed-out limit message and modifies activation scheduling of at least one of the plurality of load devices based, at least in part, on processing the feed-out limit message. However, regarding claim 9, the combination of prior arts does not describe: determining a previous energy accumulation by normalizing the energy accumulation and the unexpected energy expenditure amount to a next cycle duration via a means for charging the battery during a previous cycle; determining at least one operating parameter for an energy-consuming activity during a next cycle based on the previous energy accumulation; and performing the energy-consuming activity according to the at least one operating parameter during the next cycle Claim 17 Regarding claim 17, KR20200092074 discloses an intelligent solar street light system in which a generation amount of a photovoltaic module is predicted through accumulated meteorological data and actual generation amounts, and the amount of electricity usable per day is calculated to use the electricity for driving lightings, thereby preventing over-discharge of a battery to increase a battery lifespan, and saving costs. The system is configured to include a control unit interworking with a pillar, a photovoltaic module, lightings, and a battery to predict the amount of generation and calculate the amount of electricity that can be used daily so as to supply the power to the lighting, and the amount of daily power available for a predetermined period to be used by the lighting is controlled after calculating the estimated daily generation amount for a predetermined period calculated using the accumulated weather data stored in the control unit, and the corrected generation amount using the error rate of the actual generation amount of the photovoltaic module so as to prevent over-discharge of the battery so that a battery lifespan expands and the increase of battery capacity is unnecessary, thereby lowering production costs. In addition, the amount of electricity generated through the control unit is predicted and the amount of electricity available daily is used to drive the lighting, so that the battery is efficiently used. Thus, the weight of the battery is reduced and the capacity of the photovoltaic module for charging the battery is unnecessary, thereby reducing production costs. US20100269383 discloses an apparatus and method provides for managing solar power to a LED illumination device such as a street sign so that the power from a power storage device is monitored and variations in applied power to the LED device can be dynamically made to preserve power or increase power as appropriate. A controller may control the power management based on preprogrammed time periods, environmental factors, and solar availability. Historical tracking of available power may provide a basis for computing available power. US20160248251 discloses techniques for managing energy consumption within an energy management system are disclosed. In one embodiment, the energy management system includes a power generator and a management controller that controls activation of a plurality of load devices. The management controller is communicatively coupled to a meter that measures electrical energy transferred between the energy management system and an external power grid. The management controller monitors, using information from the meter, electrical energy transfer between the energy management system and the external power grid and receives a feed-out limit message from the external power grid. The management controller processes the feed-out limit message and modifies activation scheduling of at least one of the plurality of load devices based, at least in part, on processing the feed-out limit message. However, regarding claim 17, the combination of prior arts does not describe: instructions for determining a previous energy accumulation by normalizing the energy accumulation and the unexpected energy expenditure amount to a next cycle duration via a means for charging the battery during a previous cycle; instructions for determining at least one operating parameter for an energy-consuming activity during a next cycle based on the previous energy accumulation; and instructions for performing the energy-consuming activity according to the at least one operating parameter during the next cycle Conclusion The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. US9037307 discloses a supply-and-demand control apparatus includes an obtaining unit that obtains power consumption and heat consumption; a forecast processing unit that obtains demand forecast data on each of electric power and an amount of heat using the power consumption and heat consumption, respectively; and a supply-and-demand planning unit that calculates a control parameter for controlling operations of an electricity storage system and a heat pump that supplies heat to a hot water storage tank, by substituting the calculated demand forecast data into a predetermined function. Additionally, a supply-and-demand control unit controls the operations using the control parameter, wherein the supply-and-demand planning unit calculates the control parameter such that electric power generated by a solar power system is distributed to the electricity storage system and the heat pump. US10333305 discloses a management device includes a surplus power calculator configured to compute a measurement value or an estimated value for a surplus power which is power output from the power generator excluding the power consumption of the electrical appliance; and a scheduler configured to create an operation schedule for a designated appliance scheduled to operate during a period different from a surplus power period when the surplus power is available so that the designated appliance uses the surplus power during the surplus power period to operate; the scheduler also configured to shift the operation period of the designated appliance when a potential usable power is greater than an increment in the power consumption resulting due to shifting the operation period of the designated appliance, where the potential usable power is the surplus power with a potential feed-in power excluded therefrom. US10650336 discloses a computer-implemented method and system is provided. The system adaptively switches prediction strategies to optimize time-variant energy demand and consumption of built environments associated with renewable energy sources. The system analyzes a first, second, third, fourth and a fifth set of statistical data. The system derives of a set of prediction strategies for controlled and directional execution of analysis and evaluation of a set of predictions for optimum usage and operation of the plurality of energy consuming devices. The system monitors a set of factors corresponding to the set of prediction strategies and switches a prediction strategy from the set of derived prediction strategies. The system predicts a set of predictions for identification of a potential future time-variant energy demand and consumption and predicts a set of predictions. The system manipulates an operational state of the plurality of energy consuming devices and the plurality of energy storage and supply means. US10775824 discloses a method for demand response dispatch having validation, estimation, and editing (VEE) rules for performing VEE on interval-based energy consumption streams, includes providing tagged energy consumption data sets having groups of contiguous interval values that correspond to correct data; for the each of the tagged energy consumption data sets, creating anomalies having different durations using only the groups; generating estimates for the anomalies by employing estimation techniques; selecting a corresponding one of the estimation techniques for subsequent employment; receiving post VEE readings and forecasted outside temperatures and estimating future cumulative energy consumption of facilities, and predicting a reception time for a demand response program event when the cumulative energy consumption exceeds a specified threshold; and preparing actions to control each of the facilities to optimally shed energy specified in a dispatch order, and optimally shedding the energy upon reception of the dispatch order at the reception time. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON LIN whose telephone number is (571)270-3175. The examiner can normally be reached on Monday-Friday 9:30 a.m. – 6:00 p.m. PST. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert E. Fennema can be reached on (571)272-2748. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /JASON LIN/ Primary Examiner, Art Unit 2117
Read full office action

Prosecution Timeline

Aug 05, 2024
Application Filed
Sep 05, 2024
Response after Non-Final Action
Jul 15, 2026
Non-Final Rejection mailed — §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
73%
Grant Probability
96%
With Interview (+23.7%)
3y 1m (~1y 1m remaining)
Median Time to Grant
Low
PTA Risk
Based on 755 resolved cases by this examiner. Grant probability derived from career allowance rate.

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