DETAILED ACTION
Claims 1-20 are pending.
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,625,058 and claims 1-20 of U.S. Patent No. 12,061,491. Although the claims at issue are not identical, they are not patentably distinct from each other as outlined below.
App. No. 18/799546
U.S. Patent No. 12,061,491
U.S. Patent No. 11,625,058
Analysis
1. A system for supplying power on an electric power grid, comprising:
1. A system for supplying power on an electric power grid, comprising:
1. A system for supplying power on an electric power grid, comprising:
Substantially Similar
a server, including a processor and a memory, constructed and configured for communication with at least one power supplying device via at least one client device;
a server, including a processor and a memory, constructed and configured for communication with at least one power supplying device via at least one client device;
a server, including a processor and a memory, constructed and configured for communication with at least one power supplying device;
wherein the server issues a power control event message to the at least one client device in response to a power control command, wherein the power control command includes a state of charge command requesting the server to determine a state of charge;
wherein the server issues a power control event message to the at least one client device in response to a power control command, wherein the power control command includes a power inquiry command requesting the server to determine an overall amount of power available for increase from supply;
wherein the server issues a power control event message in response to a power control command, wherein the power control command includes a power inquiry command requesting the server to determine an overall amount of power available for increase from supply;
wherein the server determines a state of charge for each of the at least one power supplying device;
wherein the server determines an amount of power available to be supplied from each of the at least one power supplying device;
wherein the server determines an amount of power available to be supplied from each of the at least one power supplying device;
wherein the server determines an amount of power to be supplied from each of the at least one power supplying device during at least one supply event;
wherein the server determines an amount of power to be supplied from each of the at least one power supplying device during at least one load control event;
wherein the server determines an amount of power to be supplied from each of the at least one power supplying device during at least one load control event;
wherein the power control event message enables power flow and/or an increase in power flow from the at least one power supplying device to supply power to the electric power grid;
wherein the power control event message enables power flow and/or an increase in power flow from the at least one power supplying device to supply power to the electric power grid;
wherein the power control event message enables power flow from the at least one power supplying device to supply power to the electric power grid; and
wherein the at least one power supply device includes at least one battery; and
wherein the at least one power supply device includes at least one battery; and
2. The system of claim 1, wherein the at least one power supplying device includes at least one electric vehicle.
wherein the power supplied by the at the least one power supplying device is confirmed by measurement and verification.
wherein the power supplied by the at the least one power supplying device is confirmed by measurement and verification.
wherein the amount of power supplied by the at the least one power supplying device is confirmed by measurement and verification and is transmitted to the server by an advanced metering infrastructure head-end.
2. The system of claim 1, wherein the at least one power supplying device includes at least one electric vehicle.
2. The system of claim 1, wherein the at least one power supplying device includes at least one electric vehicle.
2. The system of claim 1, wherein the at least one power supplying device includes at least one electric vehicle.
Substantially Similar
3. The system of claim 1, further comprising a database for storing information relating to the state of charge for each of the at least one power supplying device.
3. The system of claim 1, further comprising a database for storing information relating to an amount of power supply to be provided to the electric power grid or to be made available as supply to the electric power grid.
3. The system of claim 1, further comprising a database for storing information relating to an amount of power supply to be provided to the electric power grid or to be made available as supply to the electric power grid.
Substantially Similar
4. The system of claim 1, wherein the electric power grid is a microgrid.
4. The system of claim 1, wherein the electric power grid is a microgrid.
4. The system of claim 1, wherein the electric power grid is a microgrid.
Substantially Similar
5. The system of claim 1, further comprising a coordinator or an energy management system constructed and configured for communication with the server and the at least one client device, and wherein the power control event message is communicated to the at least one client device over a network via the coordinator or the energy management system to the at least one power supplying device.
5. The system of claim 1, further comprising a coordinator or an energy management system constructed and configured for communication with the server and the at least one client device, and wherein the power control event message is communicated to the at least one client device over a network via the coordinator or the energy management system to the at least one power supplying device.
5. The system of claim 1, further comprising a coordinator or an energy management system constructed and configured for communication with the server and the at least one power supplying device, and wherein the power control event message is communicated over a network via the coordinator or the energy management system to the at least one power supplying device.
Substantially Similar
6. The system of claim 1, wherein each of the at least one power supplying device is associated with at least one profile.
6. The system of claim 1, wherein each of the at least one power supplying device is associated with at least one profile.
6. The system of claim 1, wherein each of the at least one power supplying device is associated with at least one profile.
Substantially Similar
7. The system of claim 6, wherein the at least one profile provides automated controls for the timing and priority of enablement of power supply from each of the at least one power supplying device associated with the at least one profile.
7. The system of claim 6, wherein the at least one profile provides automated controls for the timing and priority of enablement of power supply from each of the at least one power supplying device associated with the at least one profile.
7. The system of claim 6, wherein the at least one profile provides automated controls for the timing and priority of enablement of power supply from each of the at least one power supplying device associated with the at least one profile.
Substantially Similar
8. The system of claim 1, wherein the power control command enables power flow and/or an increase in power flow from native supply sources and operating reserves.
8. The system of claim 1, wherein the power control command enables power flow and/or an increase in power flow from native supply sources and operating reserves.
8. The system of claim 1, wherein the power control command enables power flow from native supply sources and operating reserves.
Substantially Similar
9. The system of claim 1, wherein the power control command is initiated from a market participant, a utility, or an electric grid operator.
9. The system of claim 1, wherein the power control command is initiated from a market participant, a utility, or an electric grid operator.
9. The system of claim 1, wherein the power control command is initiated from a market participant, a utility, or an electric grid operator.
Substantially Similar
10. A system for supplying power on an electric power grid, comprising:
10. A system for supplying power on an electric power grid, comprising:
10. A system for supplying power on an electric power grid, comprising:
Substantially Similar
a server, including a processor and a memory, constructed and configured for communication with at least one power supplying device via at least one client device;
a server, including a processor and a memory, constructed and configured for communication with at least one power supplying device via at least one client device;
a server, including a processor and a memory, constructed and configured for communication with at least one power supplying device;
a coordinator constructed and configured for communication with the server and the at least one client device;
a coordinator constructed and configured for communication with the server and the at least one client device;
a coordinator constructed and configured for communication with the server and the at least one power supplying device;
wherein the server issues a power control event message to the at least one client device in response to a power control command, wherein the power control command includes a state of charge command requesting the server to determine a state of charge;
wherein the server issues a power control event message to the at least one client device in response to a power control command, wherein the power control command includes a power inquiry command requesting the server to determine an overall amount of power available for increase from supply;
wherein the server issues a power control event message in response to a power control command, wherein the power control command includes a power inquiry command requesting the server to determine an overall amount of power available for increase from supply;
wherein the server determines a state of charge for each of the at least one power supplying device;
wherein the server determines an amount of power available to be supplied from each of the at least one power supplying device;
wherein the server determines an amount of power available to be supplied from each of the at least one power supplying device;
wherein the server determines an amount of power to be supplied from each of the at least one power supplying device during at least one supply event;
wherein the server determines an amount of power to be supplied from each of the at least one power supplying device during at least one load control event;
wherein the server determines an amount of power to be supplied from each of the at least one power supplying device during at least one load control event;
wherein the power control event message is communicated over a network via the coordinator to at the at least one client device;
wherein the power control event message is communicated over a network via the coordinator to at the at least one client device;
wherein the power control event message is communicated over a network via the coordinator to at the least one power supplying device; and
wherein the power control event message enables power flow and/or an increase in power flow from the at least one power supplying device to supply power to the electric power grid;
wherein the power control event message enables power flow and/or an increase in power flow from the at least one power supplying device to supply power to the electric power grid;
wherein the power control event message enables power flow from the at least one power supplying device to supply power to the electric power grid;
wherein the power supplied by the at the least one power supplying device is confirmed by measurement and verification and is transmitted to the server; and
wherein the power supplied by the at the least one power supplying device is confirmed by measurement and verification and is transmitted to the server; and
wherein the amount of power supplied by the at the least one power supplying device is confirmed by measurement and verification and is transmitted to the server by an advanced metering infrastructure head-end.
wherein the at least one power supplying device includes at least one electric vehicle.
wherein the at least one power supplying device includes at least one electric vehicle.
11. The system of claim 10, wherein the at least one power supplying device includes at least one electric vehicle.
11. The system of claim 10, wherein the at least one power supplying device includes at least one battery.
11. The system of claim 10, wherein the at least one power supplying device includes at least one battery.
11. The system of claim 10, wherein the at least one power supplying device includes at least one electric vehicle.
Substantially Similar
12. The system of claim 10, further comprising a database for storing information relating to the state of charge for each of the at least one power supplying device.
12. The system of claim 10, further comprising a database for storing information relating to an amount of power supply to be provided to the electric power grid or to be made available for supply to the electric power grid.
12. The system of claim 10, further comprising a database for storing information relating to an amount of power supply to be provided to the electric power grid or to be made available for supply to the electric power grid.
Substantially Similar
13. The system of claim 10, wherein the electric power grid is a microgrid.
13. The system of claim 10, wherein the electric power grid is a microgrid.
13. The system of claim 10, wherein the electric power grid is a microgrid.
Substantially Similar
14. The system of claim 10, wherein each of the at least one power supplying device is associated with at least one profile.
14. The system of claim 10, wherein each of the at least one power supplying device is associated with at least one profile.
14. The system of claim 10, wherein each of the at least one power supplying device is associated with at least one profile.
Substantially Similar
15. The system of claim 14, wherein the at least one profile provides automated controls for the timing and priority of enablement of power supply from each of the at least one power supplying device associated with the at least one profile.
15. The system of claim 14, wherein the at least one profile provides automated controls for the timing and priority of enablement of power supply from each of the at least one power supplying device associated with the at least one profile.
15. The system of claim 14, wherein the at least one profile provides automated controls for the timing and priority of enablement of power supply from each of the at least one power supplying device associated with the at least one profile.
Substantially Similar
16. The system of claim 10, wherein the power control command enables power flow and/or an increase in power flow from native supply sources and operating reserves.
16. The system of claim 10, wherein the power control command enables power flow and/or an increase in power flow from native supply sources and operating reserves.
16. The system of claim 10, wherein the power control command enables power flow from native supply sources and operating reserves.
Substantially Similar
17. The system of claim 10, wherein the power control command is initiated from a market participant, a utility, or an electric grid operator.
17. The system of claim 10, wherein the power control command is initiated from a market participant, a utility, or an electric grid operator.
17. The system of claim 10, wherein the power control command is initiated from a market participant, a utility, or an electric grid operator.
Substantially Similar
18. A system for supplying power on an electric power grid, comprising:
18. A system for supplying power on an electric power grid, comprising:
18. A system for supplying power on an electric power grid, comprising:
Substantially Similar
a server, including a processor and a memory, constructed and configured for communication with at least one client device;
a server, including a processor and a memory, constructed and configured for communication with at least one client device;
a server, including a processor and a memory, constructed and configured for communication with at least one power supplying device;
wherein the server issues a power control event message to the at least one client device in response to a power control command, wherein the power control command includes a state of charge command requesting the server to determine a state of charge;
wherein the server issues a power control event message to the at least one client device in response to a power control command, wherein the power control command includes a power inquiry command requesting the server to determine an overall amount of power available for increase from supply;
wherein the server issues a power control event message in response to a power control command, wherein the power control command includes a power inquiry command requesting the server to determine an overall amount of power available for increase from supply;
wherein the server determines a state of charge for each of the at least one power supplying device;
wherein the server determines an amount of power available to be supplied from each of the at least one power supplying device;
wherein the server determines an amount of power available to be supplied from each of the at least one power supplying device;
wherein the server determines a state of charge for each of the at least one power supplying device during at least one supply event;
wherein the server determines an amount of power to be supplied from each of the at least one power supplying device during at least one load control event;
wherein the server determines an amount of power to be supplied from each of the at least one power supplying device during at least one load control event;
wherein the power control event message enables power flow and/or an increase in power flow from the at least one power supplying device to supply power to the electric power grid;
wherein the power control event message enables power flow and/or an increase in power flow from the at least one power supplying device to supply power to the electric power grid;
wherein the power control event message enables power flow from the at least one power supplying device to supply power to the electric power grid;
wherein the power supplied by the at the least one power supplying device is confirmed by measurement and verification and is transmitted to the server; and
wherein the power supplied by the at the least one power supplying device is confirmed by measurement and verification and is transmitted to the server; and
wherein the amount of power supplied by the at the least one power supplying device is confirmed by measurement and verification and is transmitted to the server by an advanced metering infrastructure head-end.
wherein the at least one power supplying device includes at least one electric vehicle and/or at least one battery.
wherein the at least one power supplying device includes at least one electric vehicle and/or at least one battery.
2. The system of claim 1, wherein the at least one power supplying device includes at least one electric vehicle.
19. The system of claim 18, wherein each of the at least one power supplying device is associated with at least one profile.
19. The system of claim 18, wherein each of the at least one power supplying device is associated with at least one profile.
19. The system of claim 18, wherein each of the at least one power supplying device is associated with at least one profile.
Substantially Similar
20. The system of claim 19, wherein the at least one profile provides automated controls for the timing and priority of enablement of power supply from each of the at least one power supplying device associated with the at least one profile.
20. The system of claim 19, wherein the at least one profile provides automated controls for the timing and priority of enablement of power supply from each of the at least one power supplying device associated with the at least one profile.
20. The system of claim 19, wherein the at least one profile provides automated controls for the timing and priority of enablement of power supply from each of the at least one power supplying device associated with the at least one profile.
Substantially Similar
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER E EVERETT whose telephone number is (571)272-2851. The examiner can normally be reached Monday-Friday 8:00 am to 5:00 pm (Pacific).
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/Christopher E. Everett/Primary Examiner, Art Unit 2117