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 .
Claims 1-20 are pending.
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.
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Claims 1-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. 12,067,633. Although the claims at issue are not identical, they are not patentably distinct from each other as set forth below.
Pending Application
U.S. Patent No. 12,067,633
1. A system comprising:
1. A system comprising:
a plurality of computing components comprising a first set of computing components and a second set of computing components, wherein the plurality of computing components is configured to receive behind-the-meter (BTM) power from a generation station; and
a first set of computing components located in a first region that is positioned proximate to a generation station control system coupled to a generation station; a second set of computing components located in a second region that is positioned remote from the generation station control system; and
a control system configured to:
a control system configured to:
classify the plurality of computing components into the first set of computing components and the second set of computing components based on ramping capability data associated with the plurality of computing components, wherein the first set of computing components are associated with ramping capability data indicative of a constant power mode resource, and the second set of computing components are associated with ramping capability data indicative of a ramping-enabled resource;
6. The system of claim 1, wherein the control system is further to classify a plurality of computing components into the first set of computing components and the second set of computing components based on position data or ramping capability data associated with the plurality of computing components.
9. The system of claim 6, wherein the first set of computing components are associated with ramping capability data indicative of a constant power mode resource, and the second set of computing components are associated with ramping capability data indicative of a ramping-enabled resource.
monitor a set of parameters associated with the first set of computing components and the second set of computing components;
monitor a set of parameters associated with the first set of computing components and the second set of computing components;
determine whether a behind-the-meter (BTM) power availability from the generation station is above or below a predetermined threshold power consumption based on the set of parameters; and
determine whether a behind-the-meter (BTM) power availability from the generation station is above or below a predetermined threshold power consumption based on the set of parameters;
provide power consumption instructions to the second set of computing components such that (i) the second set of computing components execute using the BTM power in response to a determination that the BTM power availability is above the predetermined threshold power consumption and (ii) the second set of computing components power down in response to a determination that the BTM power availability is not above the predetermined threshold power consumption.
provide power consumption instructions to the first set of computing components such that (i) the first set of computing components maintain at least the predetermined threshold power consumption using BTM power from the generation station in response to a determination that the BTM power availability is not below the predetermined threshold power and (ii) the first set of computing components maintain at least the predetermined threshold power consumption using metered electrical power from an electrical grid in response to a determination that the BTM power availability is below the predetermined threshold power; and provide power consumption instructions to the second set of computing components such that (i) the second set of computing components execute using the BTM power in response to the determination that the BTM power availability is above the predetermined threshold power consumption and (ii) the second set of computing components power down in response to the determination that the BTM power availability is not above the predetermined threshold power consumption.
As illustrated above, the claim(s) 1, 6, and 9, of U.S. Patent No. 12,067,633 include all of the limitations of the claim(s) 1 of the instant application. The claim(s) 2-18 of U.S. Patent No. 12,067,633 also include all of the limitations of the claim(s) 2-20 of the instant application. The patent claims also include other additional limitations. Hence, the instant application claims are generic to the species of invention covered by the respective patent claims. As such, the instant application claims are anticipated by the patent claims and are therefore not patentably distinct therefrom. (See Eli Lilly and Co. v. Barr Laboratories Inc., 58 USPQ2D 1869, "a later genus claim limitation is anticipated by, and therefore not patentably distinct from, an earlier species claim", In re Goodman, 29 USPQ2d 2010, "Thus, the generic invention is anticipated by the species of the patented invention).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-11, 13-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zacho (US 20100211810 A1) in view of LEE et al. (hereinafter “LEE”) (US 20130218356 A1), and further in view of Sankar et al. (hereinafter “Sankar”) (US 20130086404 A1).
As to claims 1 and 13, Zacho teaches a system and method for managing data centers, comprises:
a plurality of computing components comprising a first set of computing components and a second set of computing components, wherein the plurality of computing components is configured to receive behind-the-meter (BTM) power from a generation station ([0010-0011, 0040-0041, 0096, 0110] The method can identify parameters of a first data center and a second data center, each data center including a plurality of servers…power provided to the selected server can be increased, and power provided to at least one of the plurality of servers that is a different server than the selected server can be decreased…equipment subsystem 320 of data center 200 is operating at 80% of its power capacity based at least in part on, for example, power draw from uninterruptable power supply subsystem 330 or from power generation subsystem 325…); and
a control system configured to:
classify the plurality of computing components into the first set of computing components and the second set of computing components ([0010-0011, 0096, 0110-0111] Adjustments to uninterruptable power supply 100 can increase power provided to the selected server that includes the virtual server so that the virtual server may, for example, execute applications. In one embodiment, adjustments to uninterruptable power supply 100 can decrease power provided via uninterruptable power supply 100 to one or more of the plurality of servers that were not selected as the location of the virtual server…selecting a server (ACT 530) includes selecting one of a plurality of servers as a selected server based at least on part on identifier server parameters, identified estimated parameters of one or more virtual servers, and estimated power distribution from a power supply to the plurality of servers and virtual servers…);
monitor a set of parameters associated with the first set of computing components and the second set of computing components ([0038-0043, 0046, 0049, 0110-0111] data center controller 310 continuously or periodically receives or monitors information about one or more data centers 200. From this information, data center controller 310 can determine the operational status, range, power use, estimated future power use, power draw, and tolerance of data centers 200 as a whole, as well as their individual devices (e.g., servers) or subsystems (e.g., equipment subsystem 320, uninterruptable power supply subsystem 330, or cooling subsystem 335)….responsive to an evaluation of parameters, estimated parameters, and power distribution information, a server may be selected (ACT 530) in one or more data centers..);
Zacho teaches a system and method for managing a plurality of data centers by
monitoring, determining, and controlling, the operating information of the data centers,
such as operational status, range, power use, estimated future power use, power draw,
and tolerance of data centers as a whole [0043]. Zacho also teaches managing power
supply to the data centers from power grid and behind-the-meter (BTM) power from the
generation station, such as power generation subsystem 325, uninterruptable power
supply subsystem 330 may include uninterruptable power supply 100, and energy
storage subsystems 345 [0028, 0040, 0063]. Zacho further teaches classifying selected servers and non-selected servers from a plurality of servers, and increases power provided to the selected server while decreases power provided via uninterruptable power supply to one or more of the plurality of servers that were not selected [0010-0011, 0096, 0110-0111]. Zacho does not explicitly teach determine whether a power availability is above or below a predetermined threshold power consumption based on the set of parameters; and provide power consumption instructions to the second set of computing components such that (i) the second set of computing components execute using the BTM power in response to a determination that the BTM power availability is above the predetermined threshold power consumption and (ii) the second set of computing components power down in response to a determination that the BTM power availability is not above the predetermined threshold power consumption wherein the first set of computing components are associated with ramping capability data indicative of a constant power mode resource, and the second set of computing components are associated with ramping capability data indicative of a ramping-enabled resource.
However, LEE teaches an energy management system for a facility. Especially, LEE teaches a renewable energy power supply and energy storage to supply a behind-the-meter (BTM) power to the facility in parallel with power supply from grid. LEE further teaches determine whether behind-the-meter (BTM) power availability from the generation station is above or below a predetermined threshold power consumption based on the set of parameters [whether the BTM power supply is above or below a demand]; provide power consumption instructions to the second set of computing components such that the second set of computing components execute using the BTM power in response to a determination that the BTM power availability is above the predetermined threshold power consumption [step 105 shows once the BTM power supply is above a demand is determined, using the BTM power supply to supply the energy required]; and provide power consumption instructions to the second set of computing components such that the second set of computing components can choose to use metered electrical power from an electrical grid in response to a determination that the BTM power availability is below the predetermined threshold power [steps 105-107 shows when the BTM power supply is less than the demand, choose to use metered electrical power from an electrical grid to supply the shortage of energy] [Fig. 1][0018, 0024, 0030-0038].
From the same field of endeavor, Sankar teaches a method and system for regulating energy management for a datacenter. Especially, Sankar teaches classifying servers in the datacenter according to whether it performs non-critical tasks or not, such that a first set of critical tasks are associated with ramping capability data indicative of a constant power mode resource, and a second set of non-critical tasks are associated with ramping capability data indicative of a ramping-enabled resource, and powered down those servers which performs non-critical tasks when the energy rates are unfavorable while keeping servers with critical task to be performed regardless of the desired power consumption level and/or range unless the datacenter is to be completely shut down [0032, 0042, 0045, 0055].
Zacho and LEE and Sankar are analogous art because they are from the same field of endeavor of energy management of a facility based on power availability of power supplier. At the time before the effective filing date of the invention it would have been obvious to a person of ordinary skill in the art to manage power consumption to selectively operate a portion of devices according to power availability and critical level and ramping-capability of the devices. The suggestion for doing so would have been obvious to continue device operation for selected device with critical task while powered down non-selected deice with less critical task when the power available is limited and the energy rates are unfavorable. Therefore, it would have been obvious to an ordinary person skilled in the art before the effective filing date of the invention to incorporate the teachings of LEE and Sankar with the teachings of Zacho for the purpose of providing a solution by selectively powering down a potion of servers based on power availability and critical level and ramping-capability of the servers as specified in the claims 1 and 13.
As to claim 2, LEE teaches the control system is further configured to provide power consumption instructions to the first set of computing components such that (i) the first set of computing components maintain at least the predetermined threshold power consumption using BTM power from the generation station in response to the determination that the BTM power availability is not below the predetermined threshold power and (ii) the first set of computing components maintain at least the predetermined threshold power consumption using metered electrical power from an electrical grid in response to a determination that the BTM power availability is below the predetermined threshold power [step 105 shows once the BTM power supply is above a demand is determined, using the BTM power supply to supply the energy required; steps 105-107 shows when the BTM power supply is less than the demand, choose to use metered electrical power from an electrical grid to supply the shortage of energy] [Fig. 1][0018, 0024, 0030-0038]. Sankar further teaches that keeping powered the first set of computing components with critical task to be performed regardless of the desired power consumption level and/or range unless the datacenter is to be completely shut down [0032, 0042, 0045, 0055].
As to claim 3, Zacho teaches the control system is further configured to classify the plurality of computing components into the first set of computing components and the second set of computing components based on position data associated with the plurality of computing components, wherein the first set of computing components are associated with position data indicative of a position within a threshold distance from a generation station control system coupled to the generation station, and wherein the second set of computing components are associated with position data indicative of a position beyond the threshold distance from the generation station control system [0035-0036, 0040-0043, 0046, 0130].
As to claim 4, Zacho teaches the first set of computing components is located in a first region that is positioned proximate to the generation station control system [a data center controller 310 located within one data center 200, wherein the data center 200 comprises a first set of computing components and power generation subsystem] [Fig. 3] [0035-0036, 0040-0043], and the second set of computing components is located in a second region that is positioned remote from the generation station control system [a second data center remote from the one data center 200 which includes the data center controller 310] [0036, 0046].
As to claim 5, Zacho teaches the first set of computing components is positioned within a climate-controlled environment at the first region and the second set of computing components is positioned within a flexible datacenter such that each computing component of the second set of computing components is exposed to ambient air [0009-0011, 0044-0046, 0054-0059, 0092-0093, 0119].
As to claim 6, Zacho teaches provide the power consumption instructions to the second set of computing components such that the second set of computing components execute using the BTM power comprises to cause one or more computing components of the second set of computing components to increase processing frequency during operation [0040-0045, 0049-0057, 0091-0099].
As to claim 7, Zacho teaches provide the power consumption instructions to the second set of computing components such that the second set of computing components power down comprises to cause one or more computing components of the second set of computing components to switch to a low power mode [0040-0045, 0049-0057, 0091-0099].
As to claim 8, Sankar teaches provide the power consumption instructions to the second set of computing components such that the second set of computing components execute using the BTM power comprises to cause one or more computing components of the second set of computing components to ramp up power consumption [0045-0048].
As to claim 9, Zacho teaches the BTM power from the generation station is electrical power produced by the generation station and transmitted to the first set of computing components and the second set of computing components behind a point of interconnection between the generation station and the electrical grid [0035-0036, 0040-0043, 0046].
As to claim 10, LEE teaches determine whether the BTM power availability is above or below the predetermined threshold power consumption comprises to determine the BTM power availability based on BTM power generation capacity [Fig. 1] [0018, 0024, 0030-0038].
As to claim 11, LEE teaches determine whether the BTM power availability is above or below the predetermined threshold power consumption comprises to determine the BTM power availability based on a BTM power price or a grid power price [Fig. 1] [0018, 0024, 0030-0038].
As to claim 14, LEE teaches providing power consumption instructions to the first set of computing components such that (i) the first set of computing components maintain at least the predetermined threshold power consumption using BTM power from the generation station in response to the determination that the BTM power availability is not below the predetermined threshold power and (ii) the first set of computing components maintain at least the predetermined threshold power consumption using metered electrical power from an electrical grid in response to a determination that the BTM power availability is below the predetermined threshold power [step 105 shows once the BTM power supply is above a demand is determined, using the BTM power supply to supply the energy required; steps 105-107 shows when the BTM power supply is less than the demand, choose to use metered electrical power from an electrical grid to supply the shortage of energy] [Fig. 1][0018, 0024, 0030-0038]. Sankar further teaches that keeping powered the first set of computing components with critical task to be performed regardless of the desired power consumption level and/or range unless the datacenter is to be completely shut down [0032, 0042, 0045, 0055].
As to claim 15, Zacho teaches classifying the plurality of computing components into the first set of computing components and the second set of computing components based on position data associated with the plurality of computing components, wherein the first set of computing components are associated with position data indicative of a position within a threshold distance from a generation station control system coupled to the generation station, and wherein the second set of computing components are associated with position data indicative of a position beyond the threshold distance from the generation station control system [0035-0036, 0040-0043, 0046, 0130].
As to claim 16, Zacho teaches the first set of computing components is located in a first region that is positioned proximate to the generation station control system [a data center controller 310 located within one data center 200, wherein the data center 200 comprises a first set of computing components and power generation subsystem] [Fig. 3] [0035-0036, 0040-0043], and the second set of computing components is located in a second region that is positioned remote from the generation station control system [a second data center remote from the one data center 200 which includes the data center controller 310] [0036, 0046].
As to claim 17, Zacho teaches provide the power consumption instructions to the second set of computing components such that the second set of computing components execute using the BTM power comprises to cause one or more computing components of the second set of computing components to increase processing frequency during operation [0040-0045, 0049-0057, 0091-0099].
As to claim 18, Zacho teaches provide the power consumption instructions to the second set of computing components such that the second set of computing components power down comprises to cause one or more computing components of the second set of computing components to switch to a low power mode [0040-0045, 0049-0057, 0091-0099].
As to claim 19, Sankar teaches provide the power consumption instructions to the second set of computing components such that the second set of computing components execute using the BTM power comprises to cause one or more computing components of the second set of computing components to ramp up power consumption [0045-0048].
As to claim 20, Zacho teaches the BTM power from the generation station is electrical power produced by the generation station and transmitted to the first set of computing components and the second set of computing components behind a point of interconnection between the generation station and the electrical grid [0035-0036, 0040-0043, 0046].
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zacho in view of LEE and Sankar, in view of Walsh (US 2020/0073466 A1).
As to claim 12, LEE teaches determine whether the BTM power availability is above or below the predetermined threshold power consumption comprises to determine the BTM power availability [Fig. 1] [0018, 0024, 0030-0038]. Zacho and LEE and Sankar do not explicitly teach determining power status based on a current price for a cryptocurrency.
However, Walsh teaches adjusting the power consumption of the one or more computing components such that the one or more computing components generate the cryptocurrency when a revenue associated with generating the cryptocurrency exceeds a cost associated with generating the cryptocurrency [0002, 0005-0007, 0057-0060, 0102-0115, 0125].
It would have been obvious to an ordinary person skilled in the art at the time of the invention was filed to incorporate the teachings of Walsh with the teachings of Zacho and LEE and Sankar for the purpose determining and adjusting power consumption of the computing system based on a current price for a cryptocurrency.
Conclusion
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/ZHIPENG WANG/Primary Examiner, Art Unit 2115
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