DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1,11,2,10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Pat. No. 11,079,132 to Blair, supplied by applicant.
Trane teaches
1, 11. A system and method comprising:
an air conditioning system (Fig. 1, element 116) including a first unit including a compressor (Fig. 1, element 118) and a second unit (Fig. 1, element 124);
an energy storage device (Col. 5, lines 10-21);
a first transfer switch providing a power connection to the first unit (Fig. 1, element 110, Col. 4, lines 1-39); and
a system energy manager configured to control the first transfer switch to supply power to both the second unit and the first unit from one of an AC power grid or the energy storage device (Col. 4, lines 1-39).
2. The system of claim 1, further comprising an auxiliary DC source configured for charging the energy storage device (Col. 5, lines 10-21).
10. The system of claim 1 wherein both the second unit and the first unit are connected to the first transfer switch (Fig. 1, element 114, Col. 4, lines 1-39).
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 3,4,12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Blair as applied above, and further in view of WO 2012/145563 to Viridity, supplied by applicant.
Blair fails to teach
3. The system of claim 1, further comprising a thermal energy storage system configured to be powered by the AC power grid or the energy storage device.
4. The system of claim 3, wherein the first transfer switch position enables to power the thermal energy storage system and the first unit, from the grid and/or from an energy source or storage device.
12. The method of claim 11, wherein the system includes a thermal energy storage system, wherein the method includes controlling the first transfer switch to supply power to the thermal energy storage system and the first unit from one of the AC power grid and/or the energy storage device.
Viridity teaches
3. The system of claim 1, further comprising a thermal energy storage system configured to be powered by the AC power grid or the energy storage device (Fig. 19, paragraphs [0245]-[0250], claims 1-51).
4. The system of claim 3, wherein the first transfer switch position enables to power the thermal energy storage system and the first unit, from the grid and/or from an energy source or storage device (Fig. 19, paragraphs [0245]-[0250], claims 1-51).
12. The method of claim 11, wherein the system includes a thermal energy storage system, wherein the method includes controlling the first transfer switch to supply power to the thermal energy storage system and the first unit from one of the AC power grid and/or the energy storage device (Fig. 19, paragraphs [0245]-[0250], claims 1-51).
Blair and Viridity are analogous art because they are from the same field of endeavor or similar problem solving area, power management.
Since Viridity teaches power management that enables determining a suggested operating schedule for one or more energy assets, over a given time period T, that are operated by an energy customer of a retail electricity supplier, wherein the energy assets operated by the energy customer may include electricity storage assets, wherein the suggested operating schedule for one or more energy assets is determined via a mathematical optimization process that reduces a net energy-related cost to the energy customer over the time period thus increasing projected energy-related revenue from one or more wholesale electricity markets in which the energy customer may participate (paragraphs 15-45), it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to apply the technique of power management as taught by Viridity to improve the power management of Blair for the predictable results of enabling determining a suggested operating schedule for one or more energy assets, over a given time period T, that are operated by an energy customer of a retail electricity supplier, wherein the energy assets operated by the energy customer may include electricity storage assets, wherein the suggested operating schedule for one or more energy assets is determined via a mathematical optimization process that reduces a net energy-related cost to the energy customer over the time period thus increasing projected energy-related revenue from one or more wholesale electricity markets in which the energy customer may participate (paragraphs 15-45).
Claim(s) 5,13,6-7,14-17is/are rejected under 35 U.S.C. 103 as being unpatentable over Blair as applied above, and further in view of U.S. Pub. No. 2008/0046387 to Gopal.
Blair fails to teach
5. The system of claim 1, wherein the system energy manager determines the position of the first transfer switch to provide alternative power distribution configuration for the air conditioning system in response to information from one or more of a utility, a customer, an energy storage device manager, an HVAC manager and the first transfer switch.
13. The method of claim 11, further comprising determining a power distribution configuration for the air conditioning system in response to information from one or more of a utility, a customer, an energy storage device manager, an HVAC manager and the first transfer switch.
6, 14. The system of claim 5 wherein the power distribution configuration includes the energy storage device being charged directly by the AC power grid.
7, 15. The system of claim 5 wherein the power distribution configuration includes the energy storage device being charged by the auxiliary DC source.
8, 16. The system of claim 5 wherein the power distribution configuration includes the energy storage device providing power to indoor loads and/or the AC power grid.
9, 17. The system of claim 5 wherein the power distribution configuration includes the energy storage device providing power to the first unit in a dedicated manner using the first transfer switch.
Gopal teaches
5. The system of claim 1, wherein the system energy manager determines the position of the first transfer switch to provide alternative power distribution configuration for the air conditioning system in response to information from one or more of a utility, a customer, an energy storage device manager, an HVAC manager and the first transfer switch (Fig. 1-6, paragraphs 35-86).
13. The method of claim 11, further comprising determining a power distribution configuration for the air conditioning system in response to information from one or more of a utility, a customer, an energy storage device manager, an HVAC manager and the first transfer switch (Fig. 1-6, 8-10, paragraphs 35-100).
6, 14. The system of claim 5 wherein the power distribution configuration includes the energy storage device being charged directly by the AC power grid (Fig. 1-6, 8-10, paragraphs 35-100).
7, 15. The system of claim 5 wherein the power distribution configuration includes the energy storage device being charged by the auxiliary DC source (Fig. 1-6, 8-10, paragraphs 35-100).
8, 16. The system of claim 5 wherein the power distribution configuration includes the energy storage device providing power to indoor loads and/or the AC power grid (Fig. 1-6, 8-10, paragraphs 35-100).
9, 17. The system of claim 5 wherein the power distribution configuration includes the energy storage device providing power to the first unit in a dedicated manner using the first transfer switch (Fig. 1-6, 8-10, paragraphs 35-100).
Blair and Gopal are analogous art because they are from the same field of endeavor or similar problem solving area, power management.
Since Gopal teaches power management that enables control system for local electrical energy generation using solar cells, adjustable energy consumption, energy storage using battery, and selling electrical energy to the grid with the various devices connected over a configurable power circuit within a domain and under the control of software running on a data processing computer, wherein, more particularly, the control system utilizes a policy driven hierarchical optimization scheme and employs a local area network for sending configuration commands to the power circuit and devices and for collecting monitoring data, wherein even more particularly, a control processor running software programs implements the optimization methods and further enhances its optimal decision making capabilities by leveraging information sources for weather forecasts and energy pricing data over the Internet (paragraph 2), it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to apply the technique of power management as taught by Gopal to improve the power management of Blair for the predictable results of enabling control system for local electrical energy generation using solar cells, adjustable energy consumption, energy storage using battery, and selling electrical energy to the grid with the various devices connected over a configurable power circuit within a domain and under the control of software running on a data processing computer, wherein, more particularly, the control system utilizes a policy driven hierarchical optimization scheme and employs a local area network for sending configuration commands to the power circuit and devices and for collecting monitoring data, wherein even more particularly, a control processor running software programs implements the optimization methods and further enhances its optimal decision making capabilities by leveraging information sources for weather forecasts and energy pricing data over the Internet (paragraph 2).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEAN P SHECHTMAN whose telephone number is (571)272-3754. The examiner can normally be reached 9:30am-6:00pm, M-F.
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, William Kraig can be reached at 571-272-8660. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Sean Shechtman/ Primary Examiner, Art Unit 2896