DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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 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 Information Disclosure Statement, filed 29 August 2024 has been fully considered by the examiner. A signed copy is attached.
Claims 1-19 are pending.
Claims 1-19 are rejected, grounds follow.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55, received in related application 14/914,734.
Application’s status as a continuation of Applications 14/914,734 (now patent 10,901,445); 17/157,136 (now patent 11,513,547); and 17/994,795 (now patent 12,066,850) is acknowledged.
Claim Rejections - 35 USC § 112
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 1-19 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.
The term “substantially” in e.g. claims 1, line 18 and Claim 11 line 19 is a relative term which renders the claim indefinite. The term “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. In particular, one of ordinary skill in the art would not be apprised of the maximum update interval beyond which the update period would no longer be “substantially in real-time”. This remark applies equally to the various dependent claims which also state “substantially in real time” such as e.g. Claims 2, 3, etc.
Regarding claims 2-10 and 12-19, these claims also inherit the deficiencies of their respective parent(s).
Claim Rejections - 35 USC § 102
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) 1-4, 6-7, 9-13, 15-16, 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sinha et al., US 6,697,951.
Regarding Claim 1, Sinha discloses:
A method for controlling the time dependent transfer of electrical power between a first electrical network (col. 2, lines 65 et. seq.; fig. 1; 112, 115, power distribution grid and transmission lines) and a second electrical network, (fig. 1; 102 local site)
the first electrical network comprising: an electrically interconnected utility-scale grid under the control of a market operator which includes at least one power generation source and a transmission and/or distribution interconnection network (fig. 1; col. 2, line 66-col. 3, line 11: “a power distribution grid 112 which provides power to the sites that have been generated by central power utilities 114. The grid 112 includes transmission lines 115 that connect each customer site to their utility.”) operable to provide instantaneous electrical power to the second electrical network located at a location; (col. 3, lines 7-10 “The sites 102 are connected to a power distribution grid 112 which provides power to the sites”)
and one or more associated retailers for transacting the transfer of electrical power between the first and second electrical networks, (Col. 4 line 30 “Moreover, the ESP service may also have data links to the power in utilities 114 so that the service 116 can obtain power rate (cost) information from the utilities, and broker the sale to the utilities of power generated by the DPGs.”)
and the second electrical network comprising electrical generating capacity at the location, (fig. 1; 104 local power generation unit)
the method comprising: bidirectionally (col. 4 line 17 “the ESP 116 may be electronically linked to each site 102” col. 4 line 27 “the ESP service may also have data links to the power utilities”) exchanging pricing and/or demand information between the second electrical network (col. 4 lines 42-50 “the type of energy information provided on the ESP database may include…the customer’s current [] power consumption requirements”) and one or more of: the first electrical network; the market operator; or the one or more associated retailers, (col. 4 lines 27-35 “the ESP service may also have data links to the power in utilities 114 so that the service 116 can obtain power rate (cost) information from the utilities” nb. ESP service is also operated by the market operator.)
wherein the pricing and/or demand information is associated with the future transfer of electrical power between the first electrical network and the second electrical network; (col. 3 line 27 “An ESP information service is provided to power consumption customers who both purchase power from power utility services and have local power generation units. The ESP information service tracks the power consumption by the customers, the cost of generating power on-site with the customer's local power generation unit, and the cost of purchasing power from a utility. The ESP service provides information to better enable its customers to decide: (i) whether to purchase power from a utility or to generate their own power, and (ii) whether to generate power for sale to the utility.”
and modifying substantially in real time the transfer of electrical power between the first and second electrical networks in accordance with the exchanged pricing and/or demand information. (col. 6 lines 22-55 “the ESP… will then make an automatic decision as to whether the customer site is to purchase power from the utility, generate power locally... and/or sell power... to the utilities. ... The ESP determines the power consumption rate of the site ... the cost of generating power and the capacity of the DPG for a site ... [and] track the rates charged by utilities for power supplied to [the] site[].")
Regarding Independent Claim 11, this claim recites substantively the same subject matter discussed with respect to claim 1, except embodied as a system; Sinha also discloses the additional feature of “determining a power transfer schedule over a forecast period” (Sinha, col. 6 lines 22-55; see the rejection of parallel dependent claim 4 for detailed citation/reasoning). Accordingly, Mutatis mutandis, this claim is likewise anticipated by Sinha for the same reasons articulated with respect to claims 1 and 4.
Regarding Claims 2 and 12, Sinha discloses all of the limitations of parent claims 1 and 11,
Sinha further discloses:
(claim 2 representative) wherein modifying substantially in real time the transfer of electrical power between the first and second electrical networks in accordance with the exchanged pricing and/or demand information comprises the second electrical network supplying electrical power to the first electrical network. (Sinha col. 6 lines 22-55 “the ESP… will then make an automatic decision as to whether the customer site is to purchase power from the utility, generate power locally... and/or sell power... to the utilities.)
Regarding Claims 3 and 13, Sinha discloses all of the limitations of parent claims 1 and 11 respectively,
Sinha further discloses:
(Claim 3 representative) wherein modifying substantially in real time the transfer of electrical power between the first and second electrical networks in accordance with the exchanged pricing and/or demand information comprises the second electrical network sourcing electrical power from the electrical generating capacity at the location of the second electrical network. (Sinha col. 6 lines 22-55 “the ESP… will then make an automatic decision as to whether the customer site is to purchase power from the utility, generate power locally... and/or sell power... to the utilities.
Regarding Claims 4 and 14 Sinha discloses all of the limitations of parent claims 1 and 11 respectively,
Sinha further discloses:
(claim 4 representative) determining a power transfer schedule for the second electrical network over a forecast period controlling the transfer of electrical power between the first and second electrical networks based on the exchanged pricing and/or demand information, (col. 6 lines 22-55 “the ESP… will then make an automatic decision as to whether the customer site is to purchase power from the utility, generate power locally... and/or sell power... to the utilities. ... The ESP determines the power consumption rate of the site ... the cost of generating power and the capacity of the DPG for a site ... [and] track the rates charged by utilities for power supplied to [the] site[]." at least some forecast period disclosed by “an automatic decision .. is to” future tense of the calculation. Examiner finds that a determination as to whether to purchase power or generate power in the near-future term is a ‘power transfer schedule’ within the broadest reasonable interpretation of the plain meaning of the phrase.)
and wherein modifying substantially in real time the transfer of electrical power between the first and second electrical networks in accordance with the exchanged pricing and/or demand information comprises selectively transferring electrical power between the first electrical network and the second electrical network in accordance with the power transfer schedule. (col. 6 lines 22-55 “the ESP… will then make an automatic decision as to whether the customer site is to purchase power from the utility, generate power locally... and/or sell power... to the utilities. ... The ESP determines the power consumption rate of the site ... the cost of generating power and the capacity of the DPG for a site ... [and] track the rates charged by utilities for power supplied to [the] site[].")
Regarding Claims 6 and 15, Sinha discloses all of the limitations of parent claims 4 and 11 respectively,
Sinha further discloses:
(Claim 6 representative) comprising updating the power transfer schedule substantially in real time. (col. 4 lines 2-4: “the customers must decide on a continuing basis whether to purchase power from a utility or generate power from their DPG.”)
Regarding Claims 7 and 16, Sinha discloses all of the limitations of parent claims 4 and 11 respectively,
Sinha further discloses:
(Claim 7 representative) wherein the power transfer schedule is stored in a real time accessible database (Col. 4 line 51-col. 5 line 8 “ the databases 202 may store information regarding: … the conditions under which the customer desires to purchase, generate and sell power; and other information pertinent to the customer's power consumption needs and power generation capacity... algorithms which determine when a customer should purchase, generate and sell power, based on the current costs for power, the customer's demand for power and the conditions that the customer has prescribed for buying, generating and purchasing power.”)accessible to one or more of: the first electrical network; the second electrical network; the market operator; or the one or more associated retailers. (ibid. “the ESP information service may access some or all of this information from remote databases, such as utility power costs that are obtained from databases maintained by the utilities 114.”)
Regarding Claims 9 and 18, Sinha discloses all of the limitations of parent claims 1 and 11 respectively,
Sinha further discloses:
(claim 9 representative) wherein the pricing and/or demand information is stored in a real time accessible database (Col. 4 line 51-col. 5 line 8 “ the databases 202 may store information regarding: the ESP information service may access some or all of this information from remote databases, such as utility power costs that are obtained from databases maintained by the utilities 114.”) accessible to one or more of: the first electrical network; the second electrical network; the market operator; or the one or more associated retailers. (ibid. “the ESP information service may access some or all of this information from remote databases, such as utility power costs that are obtained from databases maintained by the utilities 114.”)
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 5 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sinha in view of Larson US, 9,048,684.
Regarding Claims 5 and 14, Sinha teaches all of the limitations of parent claims 4 and 11 respectively,
Sinha differs from the claimed invention in that:
(Claim 5 representative) Sinha does not clearly articulate: maintaining synchronisation of alternating current phase and frequency of electrical power supplied between the first and second electrical networks.
However, Larson teaches an electrical switching system which synchronizes alternating current phase and frequency of power supplied to the second electrical network with the first electricity network during bidirectional switching of load power consumption between the first electrical network and a local electrical generating capacity (col. 2, lines 35-38 “the backup power source can be synchronized with the primary power source to allow a “make-before-break” transition”)
Sinha and Larson are analogous art because they are from the same field of endeavor as the claimed invention and contain overlapping structural and functional similarities. They each contain primary and backup power sources and loads. Furthermore, they each switch between power sources according to one or more criteria to maintain optimum power to the load.
One of ordinary skill in the art before the effective filing date of the application could have modified the above method, as taught by Sinha, by incorporating the synchronous transition technique and inrush limiting circuitry, as taught by Larson.
Such a system would include the make-before-break transfer and synchronization of the backup load to facilitate the transfer of Larson to the system and method of Sinha.
One of ordinary skill in the art before the effective filing date of the application would have been motivated to do this modification in order to “significantly reduc[e] time of power loss to the load” and so that “energy losses from current limiter[s] may be minimized” during transition, as suggested by Larson (col. 2, line 37; and col. 4 line 61).
Claim(s) 8 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sinha in view of Ruiz et al., US Pg-Pub 2011/0204720
Regarding Claims 8 and 17, Sinha teaches all of the limitations of parent claims 4 and 11 respectively,
Sinha differs from the claimed invention in that:
(Claim 8 representative) wherein the power transfer schedule is processed to determine a second electrical network end-user reward for emission reduction based on avoided emissions.
However, Ruiz teaches a power distribution grid (see fig. 1) which includes rewarding customers with financial incentives for grid demand curtailment ([0099] “Commercial buildings may receive financial incentives from utilities for curtailing loads” [0131] “For example, a power utility may provide a demand reduction program where consumers receive a rate incentive if the power utility can automatically turn off their air conditioner during peak electrical demand times.”) with an objective of avoiding emissions ([0073] “In an exemplary embodiment, each of the energy sources 202 may be communicative with carbon counter 208 and electricity manager 210 to reduce reliance on power grid 240, improve energy conservation, reduce greenhouse gas emissions (e.g., carbon) associated with power generation, and reduce costs associated with powering home loads 204.”)
Sinha and Ruiz are analogous art because they are from the same field of endeavor as the claimed invention and contain overlapping structural and functional similarities. They each contain primary and backup power sources and loads.
One of ordinary skill in the art before the effective filing date of the application could have modified the teachings of Sinha to include providing incentives/rewards to customers who curtail their loads as suggested by Ruiz.
One of ordinary skill in the art before the effective filing date of the application could have been motivated to make this modification in order to reduce emissions and costs associated with supplying power to customers, as suggested by Ruiz ([0073] “reduce reliance on power grid 240, improve energy conservation, reduce greenhouse gas emissions (e.g., carbon) associated with power generation, and reduce costs associated with powering home loads 204.”)
Claim(s) 10 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sinha in view of Prosser et al., US Pg-Pub 2012/0245744.
Regarding Claims 10 and 19, Sinha teaches all of the limitations of parent claims 1 and 11 respectively,
Sinha further teaches:
(Claim 10 representative) comprising one or more additional electrical networks each located at respective locations, the one or more additional electrical networks each comprising electrical generating capacity at the respective locations, (see fig. 1, Consumers 102, plural; with local power generators 104, plural. And col. 3 line 1: “Each local site 102 in the network includes a local power generation unit 104; a power load 106 which may be an office building, retail store or factory that consumes power; a power generator controller 108, and a site computer communication unit 110, e.g., a modem.”)
Sinha differs from the claimed invention in that:
Sinha does not clearly articulate: wherein the second electrical network and the additional electrical networks are treated as an ensemble of end-user electrical networks having an aggregated demand and generating capacity, and wherein the pricing and/or demand information is associated with the future transfer of electrical power between the first electrical network and the ensemble of end-user electrical networks.
However, Prosser teaches an electrical distribution network where small facilities (Second electrical networks) are aggregated together to form significant curtailable loads for pricing and/or demand scheduling ([0064] “For example, in some embodiments, power management systems of all locations of a convenience store chain in a zone are linked in a microgrid network, and the control terminal of that microgrid is able to distribute lesser demand response requirements to the demand response assets of those locations and provide significant demand response effects for the utility provider by dividing a larger requirement into smaller requirements that the demand response assets can complete satisfactorily.”)
Sinha and Prosser are analogous art because they are from the same field of endeavor as the claimed invention and contain overlapping structural and functional similarities. They each contain primary and backup power sources and loads. Furthermore, they each switch between power sources according to one or more criteria to maintain optimum power to the load.
One of ordinary skill in the art before the effective filing date of the application could have modified the teachings of Sinha to include aggregating multiple customers into one larger logical group for the purpose of demand and generation scheduling, as suggested by Prosser.
One of ordinary skill in the art could have been motivated to make this modification so that multiple smaller customers may match the capabilities of more traditional market participants with respect to energy consumption and generation, as suggested by Prosser ([0064] “When the consumption and demand response actions of multiple small facilities are pooled, the aggregate effects can be significant, and may therefore qualify to meet minimum demand response participation thresholds, especially when loads at those sites that are traditionally considered to be non-curtailable are made curtailable by power management system controllers and energy storage and generation assets.”)
Double Patenting
In the interest of Clarity, Examiner notes that there are two independent double patenting rejections, over each of US 12,066,850 and US 10,901445 (variously in view of Sinha, Ruiz, and Prosser).
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 1-19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3, 6, 13-15, and 18 of U.S. Patent No. 12,066,850 in view of, variously, Sinha, Ruiz, and Prosser. Because, as illustrated in the table below, the reference patent in view of variously Sinha, Ruiz, and Prosser, teaches or fairly suggests the claims at issue in the instant application:
Application 18/808,574
Patent 12,066,850
1. A method for controlling the time dependent transfer of electrical power between a first electrical network and a second electrical network, the first electrical network comprising: an electrically interconnected utility-scale grid under the control of a market operator which includes at least one power generation source and a transmission and/or distribution interconnection network operable to provide instantaneous electrical power to the second electrical network located at a location; and one or more associated retailers for transacting the transfer of electrical power between the first and second electrical networks, and the second electrical network comprising electrical generating capacity at the location, the method comprising:
1. A method for controlling the time dependent transfer of electrical power between a first electrical network and a second electrical network, the first electrical network comprising an electrically interconnected utility-scale grid under the control of a market operator which includes at least one power generation source and a transmission and/or distribution interconnection network operable to provide instantaneous electrical power to the second electrical network located at a location, the second electrical network including electrical generating capacity at the location based on stored energy accessible at the location, the method comprising:
bidirectionally exchanging pricing and/or demand information between the second electrical network and one or more of:the first electrical network;the market operator; orthe one or more associated retailers,
receiving at the second electrical network pricing information from the first electrical network, (Obvious in view of Sinha which teaches bidirectional communication of pricing and demand information, see Sinha Col. 4)
wherein the pricing and/or demand information is associated with the future transfer of electrical power between the first electrical network and the second electrical network;
the pricing information associated with the future supply of electrical power by the first electrical network to the second electrical network, wherein the pricing information is updated in real time;
and modifying substantially in real time the transfer of electrical power between the first and second electrical networks in accordance with the exchanged pricing and/or demand information.
modifying in real time the transfer of electrical power between the first and second electrical networks over the forecast period by selectively switching power from the first electrical network or the electrical generating capacity at the location based on stored energy to the second electrical network in accordance with the power transfer schedule while maintaining synchronization of alternating current phase and frequency of power supplied to the second electrical network with that of the first electricity network during bidirectional switching of load power consumption between the first electrical network and the electrical generating capacity at the location based on stored energy, wherein the bidirectional switching of load power consumption comprises:
2. The method of claim 1, wherein modifying substantially in real time the transfer of electrical power between the first and second electrical networks in accordance with the exchanged pricing and/or demand information comprises the second electrical network supplying electrical power to the first electrical network.
3. The method of claim 1, wherein the power transfer schedule includes controlling the second electrical network supplying at least a portion of the on-site generated electricity to the first electrical network at a reimbursement price greater than or equal to a cost of generating electricity on-site.
3. The method of claim 1, wherein modifying substantially in real time the transfer of electrical power between the first and second electrical networks in accordance with the exchanged pricing and/or demand information comprises the second electrical network sourcing electrical power from the electrical generating capacity at the location of the second electrical network.
2. The method of claim 1, wherein the power transfer schedule includes controlling the second electrical network generating electricity on-site to satisfy the electricity demand characteristics of the second electrical network where a cost of generating electricity on-site is less than or equal to a cost of electricity supplied by the first electrical network.
4. The method of claim 1, further comprising determining a power transfer schedule for the second electrical network over a forecast period controlling the transfer of electrical power between the first and second electrical networks based on the exchanged pricing and/or demand information, and wherein modifying substantially in real time the transfer of electrical power between the first and second electrical networks in accordance with the exchanged pricing and/or demand information comprises selectively transferring electrical power between the first electrical network and the second electrical network in accordance with the power transfer schedule.
(Claim 1) determining a power transfer schedule for the second electrical network over a forecast period controlling whether electricity is to be sourced from the first electricity network or from electrical generating capacity at the location based on stored energy based on the pricing information and electricity demand characteristics of the location; and
5. The method of claim 4, wherein selectively transferring electrical power between the first electrical network and the second electrical network comprises maintaining synchronisation of alternating current phase and frequency of electrical power supplied between the first and second electrical networks.
(Claim 1) synchronizing the first alternating current phase and the second alternating current phase; and
6. The method of claim 4, comprising updating the power transfer schedule substantially in real time.
6. The method of claim 1, wherein the method includes updating the power transfer schedule in real time.
7. The method of claim 4, wherein the power transfer schedule is stored in a real time accessible database accessible to one or more of:the first electrical network;the second electrical network;the market operator; orthe one or more associated retailers.
(obvious in view of Sinha Col. 4 line 51-col. 5 line 58 which teaches storing information relevant to power dispatch including when a customer should purchase, sell and generate power, in a database)
8. The method of claim 4, wherein the power transfer schedule is processed to determine a second electrical network end-user reward for emission reduction based on avoided emissions.
(obvious in view of Ruiz [0073], [0099] and [0131] which teach financial incentives for curtailment to reduce emissions)
9. The method of claim 1, wherein the pricing and/or demand information is stored in a real time accessible database accessible to one or more of:the first electrical network;the second electrical network;the market operator; orthe one or more associated retailers.
(obvious in view of Sinha Col. 4 line 51-col. 5 line 58 which teaches storing information relevant to power dispatch including utility pricing and customer demand in a database)
10. The method of claim 1, comprising one or more additional electrical networks each located at respective locations, the one or more additional electrical networks each comprising electrical generating capacity at the respective locations, wherein the second electrical network and the additional electrical networks are treated as an ensemble of end-user electrical networks having an aggregated demand and generating capacity, and wherein the pricing and/or demand information is associated with the future transfer of electrical power between the first electrical network and the ensemble of end-user electrical networks.
(obvious in view of Prosser, [0064] which teaches aggregating a number of smaller market participants into a larger combined group for demand response and curtailment control)
11. An electrical power control system comprising: a first electrical network comprising: an electrically interconnected utility-scale grid under the control of a market operator which includes at least one power generation source and a transmission and/or distribution interconnection network configured to supply instantaneous electrical power to a second electrical network located at a location; and one or more associated retailers for transacting the transfer of electrical power between the first and second electrical networks, and the second electrical network comprising electrical generation capacity at the location;
13. An electrical power control system comprising:a first electrical network, the first electrical network comprising an electrically interconnected utility-scale grid under the control of a market operator which includes at least one power generation source and a transmission and/or distribution interconnection network configured to supply instantaneous electrical power to a second electrical network located at a location,
a controller for bidirectionally exchanging pricing and/or demand information between the second electrical network and one or more of: the first electrical network;the market operator; orthe one or more associated retailers;
wherein the first electrical network further provides pricing information associated with the future supply of electricity to the second electrical network, wherein the pricing information is updated in real time;
wherein the pricing and/or demand information is associated with the future transfer of electrical power between the first electrical network and the second electrical network, the controller further configured for determining a power transfer schedule for the transfer of electrical power between the first and second electrical networks in accordance with the exchanged pricing and/or demand information; and
a controller for receiving the demand characteristics of the second electrical network and the pricing information from the first electrical network and determining a power transfer schedule for the second electrical network over a forecast period controlling whether electricity is to be sourced from the first electricity network or from the on-site stored energy to electricity converter; and
a power transfer switch operable to substantially in real time selectively transfer electrical power between the first electrical network and the second electrical network in accordance with the power transfer schedule.
an on-site power transfer switch operable to in real time selectively switch power from the first electrical network or the on-site stored energy to electricity converter to the second electrical network in accordance with the power transfer schedule
12. The electrical power control system of claim 11, wherein the power transfer schedule controls the second electrical network to supply electrical power to the first electrical network.
15. The electrical power control system of claim 13, wherein the power transfer schedule further controls whether electricity from the on-site energy to electricity converter is supplied to the first electrical network.
13. The electrical power control system of claim 11, wherein the power transfer schedule controls the second electrical network to sourcing electrical power from the electrical generating capacity at the location of the second electrical network.
14. The electrical power control system of claim 13, wherein the power transfer schedule further controls whether electricity from the first electrical network is to be stored on-site by the second electrical network.
14. The electrical power control system of claim 11, wherein the power transfer switch maintains synchronisation of alternating current phase and frequency of electrical power supplied between the first and second electrical networks.
(Claim 13) while maintaining synchronization of alternating current phase and frequency of power supplied to the second electrical network with that of the first electricity network during bidirectional switching of load power consumption between the first electrical network and the on-site stored energy to electricity converter
15. The electrical power control system of claim 11, the power transfer schedule is updated substantially in real time.
18. The electrical power control system of claim 13, wherein the controller is operable to update the power transfer schedule in real time.
16. The electrical power control system of claim 11, further comprising a real time accessible database for storing the power transfer schedule accessible to one or more of:the first electrical network;the second electrical network;the market operator; orthe one or more associated retailers.
(obvious in view of Sinha Col. 4 line 51-col. 5 line 58 which teaches storing information relevant to power dispatch including when a customer should purchase, sell and generate power, in a database)
17. The electrical power control system of claim 11, wherein the power transfer schedule is processed to determine a second electrical network end-user reward for emission reduction based on avoided emissions.
(obvious in view of Ruiz [0073], [0099] and [0131] which teach financial incentives for curtailment to reduce emissions)
18. The electrical power control system of claim 11, further comprising a real time accessible database for storing the pricing and/or demand information accessible to one or more of:the first electrical network;the second electrical network;the market operator; orthe one or more associated retailers.
(obvious in view of Sinha Col. 4 line 51-col. 5 line 58 which teaches storing information relevant to power dispatch including utility pricing and customer demand in a database)
19. The electrical power control system of claim 11, comprising one or more additional electrical networks each located at respective locations, the one or more additional electrical networks each comprising electrical generating capacity at the respective locations, wherein the second electrical network and the additional electrical networks are treated as an ensemble of end-user electrical networks having an aggregated demand and generating capacity, and wherein the pricing and/or demand information is associated with the future transfer of electrical power between the first electrical network and the ensemble of end-user electrical networks.
(obvious in view of Prosser, [0064] which teaches aggregating a number of smaller market participants into a larger combined group for demand response and curtailment control)
Claims 1-19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3, 15-18, and 28 of U.S. Patent No. 10,901,445 in view of, variously, Sinha, Ruiz, and Prosser. Because, as illustrated in the table below, the reference patent in view of variously Sinha, Ruiz, and Prosser, teaches or fairly suggests the claims at issue in the instant application:
Application 18/808,574
Patent 10/901,445
1. A method for controlling the time dependent transfer of electrical power between a first electrical network and a second electrical network, the first electrical network comprising: an electrically interconnected utility-scale grid under the control of a market operator which includes at least one power generation source and a transmission and/or distribution interconnection network operable to provide instantaneous electrical power to the second electrical network located at a location; and one or more associated retailers for transacting the transfer of electrical power between the first and second electrical networks, and the second electrical network comprising electrical generating capacity at the location, the method comprising:
1. A method for controlling the time dependent transfer of electrical power between a first electrical network and a second electrical network, the first electrical network comprising an electrically interconnected utility-scale grid under the control of a market operator which includes at least one power generation source and a transmission and/or distribution interconnection network operable to provide instantaneous electrical power to the second electrical network located at a location, the second electrical network including electrical generating capacity at the location comprising gas-to-electricity conversion by a gas-to-electricity converter based on stored energy in a form of combustible gas accessible at the location, the method comprising:
bidirectionally exchanging pricing and/or demand information between the second electrical network and one or more of:the first electrical network;the market operator; orthe one or more associated retailers,
receiving at the second electrical network pricing information from the first electrical network, (Obvious in view of Sinha which teaches bidirectional communication of pricing and demand information, see Sinha Col. 4)
wherein the pricing and/or demand information is associated with the future transfer of electrical power between the first electrical network and the second electrical network;
the pricing information associated with the future supply of electrical power by the first electrical network to the second electrical network, wherein the pricing information is updated in real time;
and modifying substantially in real time the transfer of electrical power between the first and second electrical networks in accordance with the exchanged pricing and/or demand information.
and modifying in real time the transfer of electrical power between the first and second electrical networks over the forecast period by selectively switching power from the first electrical network or the gas-to-electricity converter to the second electrical network in accordance with the power transfer schedule,
2. The method of claim 1, wherein modifying substantially in real time the transfer of electrical power between the first and second electrical networks in accordance with the exchanged pricing and/or demand information comprises the second electrical network supplying electrical power to the first electrical network.
3. The method for controlling the time dependent transfer of electrical power as claimed in claim 1, wherein the power transfer schedule includes controlling the second electrical network supplying at least a portion of the on-site generated electricity to the first electrical network at a reimbursement price greater than or equal to a cost of generating electricity on-site.
3. The method of claim 1, wherein modifying substantially in real time the transfer of electrical power between the first and second electrical networks in accordance with the exchanged pricing and/or demand information comprises the second electrical network sourcing electrical power from the electrical generating capacity at the location of the second electrical network.
2. The method for controlling the time dependent transfer of electrical power as claimed in claim 1, wherein the power transfer schedule includes controlling the second electrical network generating electricity on-site to satisfy the electricity demand characteristics of the second electrical network where a cost of generating electricity on-site is less than or equal to a cost of electricity supplied by the first electrical network.
4. The method of claim 1, further comprising determining a power transfer schedule for the second electrical network over a forecast period controlling the transfer of electrical power between the first and second electrical networks based on the exchanged pricing and/or demand information, and wherein modifying substantially in real time the transfer of electrical power between the first and second electrical networks in accordance with the exchanged pricing and/or demand information comprises selectively transferring electrical power between the first electrical network and the second electrical network in accordance with the power transfer schedule.
(Claim 1) determining a power transfer schedule for the second electrical network over a forecast period controlling whether electricity is to be sourced from the first electricity network or from the gas-to-electricity converter based on the pricing information and electricity demand characteristics of the location;
5. The method of claim 4, wherein selectively transferring electrical power between the first electrical network and the second electrical network comprises maintaining synchronisation of alternating current phase and frequency of electrical power supplied between the first and second electrical networks.
(Claim 1) wherein synchronization of alternating current phase and frequency of power supplied to the second electrical network with that of the first electricity network is maintained during bidirectional switching of load power consumption between the first electrical network and the gas-to-electricity converter
6. The method of claim 4, comprising updating the power transfer schedule substantially in real time.
15. The method of claim 1, wherein the method includes updating the power transfer schedule in real time.
7. The method of claim 4, wherein the power transfer schedule is stored in a real time accessible database accessible to one or more of:the first electrical network;the second electrical network;the market operator; orthe one or more associated retailers.
(obvious in view of Sinha Col. 4 line 51-col. 5 line 58 which teaches storing information relevant to power dispatch including when a customer should purchase, sell and generate power, in a database)
8. The method of claim 4, wherein the power transfer schedule is processed to determine a second electrical network end-user reward for emission reduction based on avoided emissions.
(obvious in view of Ruiz [0073], [0099] and [0131] which teach financial incentives for curtailment to reduce emissions)
9. The method of claim 1, wherein the pricing and/or demand information is stored in a real time accessible database accessible to one or more of:the first electrical network;the second electrical network;the market operator; orthe one or more associated retailers.
(obvious in view of Sinha Col. 4 line 51-col. 5 line 58 which teaches storing information relevant to power dispatch including utility pricing and customer demand in a database)
10. The method of claim 1, comprising one or more additional electrical networks each located at respective locations, the one or more additional electrical networks each comprising electrical generating capacity at the respective locations, wherein the second electrical network and the additional electrical networks are treated as an ensemble of end-user electrical networks having an aggregated demand and generating capacity, and wherein the pricing and/or demand information is associated with the future transfer of electrical power between the first electrical network and the ensemble of end-user electrical networks.
(obvious in view of Prosser, [0064] which teaches aggregating a number of smaller market participants into a larger combined group for demand response and curtailment control)
11. An electrical power control system comprising: a first electrical network comprising: an electrically interconnected utility-scale grid under the control of a market operator which includes at least one power generation source and a transmission and/or distribution interconnection network configured to supply instantaneous electrical power to a second electrical network located at a location; and one or more associated retailers for transacting the transfer of electrical power between the first and second electrical networks, and the second electrical network comprising electrical generation capacity at the location;
16. An electrical power control system comprising: a first electrical network, the first electrical network comprising an electrically interconnected utility-scale grid under the control of a market operator which includes at least one power generation source and a transmission and/or distribution interconnection network configured to supply instantaneous electrical power to a second electrical network located at a location,
a controller for bidirectionally exchanging pricing and/or demand information between the second electrical network and one or more of: the first electrical network;the market operator; orthe one or more associated retailers;
wherein the first electrical network further provides pricing information associated with the future supply of electricity to the second electrical network, wherein the pricing information is updated in real time;
wherein the pricing and/or demand information is associated with the future transfer of electrical power between the first electrical network and the second electrical network, the controller further configured for determining a power transfer schedule for the transfer of electrical power between the first and second electrical networks in accordance with the exchanged pricing and/or demand information; and
a controller for receiving the demand characteristics of the second electrical network and the pricing information from the first electrical network and determining a power transfer schedule for the second electrical network over a forecast period controlling whether electricity is to be sourced from the first electricity network or from the gas-to-electricity converter;
a power transfer switch operable to substantially in real time selectively transfer electrical power between the first electrical network and the second electrical network in accordance with the power transfer schedule.
and an on-site power transfer switch operable to in real time selectively switch power from the first electrical network or the gas-to-electricity converter to the second electrical network in accordance with the power transfer schedule,
12. The electrical power control system of claim 11, wherein the power transfer schedule controls the second electrical network to supply electrical power to the first electrical network.
18. The electrical power control system of claim 16, wherein the power transfer schedule further controls whether electricity from the on-site energy to electricity converter is supplied to the first electrical network.
13. The electrical power control system of claim 11, wherein the power transfer schedule controls the second electrical network to sourcing electrical power from the electrical generating capacity at the location of the second electrical network.
17. The electrical power control system of claim 16, wherein the power transfer schedule further controls whether electricity from the first electrical network is to be stored on-site by the second electrical network.
14. The electrical power control system of claim 11, wherein the power transfer switch maintains synchronisation of alternating current phase and frequency of electrical power supplied between the first and second electrical networks.
(Claim 16) the on-site power transfer switch operable to maintain synchronization of alternating current phase and frequency of power supplied to the second electrical network with that of the first electricity network during bidirectional switching of load power consumption between the first electrical network and the gas-to-electricity converter
15. The electrical power control system of claim 11, the power transfer schedule is updated substantially in real time.
28. The electrical power control system of claim 16, wherein the controller is operable to update the power transfer schedule in real time.
16. The electrical power control system of claim 11, further comprising a real time accessible database for storing the power transfer schedule accessible to one or more of:the first electrical network;the second electrical network;the market operator; orthe one or more associated retailers.
(obvious in view of Sinha Col. 4 line 51-col. 5 line 58 which teaches storing information relevant to power dispatch including when a customer should purchase, sell and generate power, in a database)
17. The electrical power control system of claim 11, wherein the power transfer schedule is processed to determine a second electrical network end-user reward for emission reduction based on avoided emissions.
(obvious in view of Ruiz [0073], [0099] and [0131] which teach financial incentives for curtailment to reduce emissions)
18. The electrical power control system of claim 11, further comprising a real time accessible database for storing the pricing and/or demand information accessible to one or more of:the first electrical network;the second electrical network;the market operator; orthe one or more associated retailers.
(obvious in view of Sinha Col. 4 line 51-col. 5 line 58 which teaches storing information relevant to power dispatch including utility pricing and customer demand in a database)
19. The electrical power control system of claim 11, comprising one or more additional electrical networks each located at respective locations, the one or more additional electrical networks each comprising electrical generating capacity at the respective locations, wherein the second electrical network and the additional electrical networks are treated as an ensemble of end-user electrical networks having an aggregated demand and generating capacity, and wherein the pricing and/or demand information is associated with the future transfer of electrical power between the first electrical network and the ensemble of end-user electrical networks.
(obvious in view of Prosser, [0064] which teaches aggregating a number of smaller market participants into a larger combined group for demand response and curtailment control)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Muller et al., US Pg-Pub 2011/0196546 – aggregation of multiple customers with demand-response devices into a “virtual power plant” for grid management (see particularly fig. 3 and e.g. [0042]-[0052].
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/J.T.S./Examiner, Art Unit 2119
/MOHAMMAD ALI/Supervisory Patent Examiner, Art Unit 2119
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