DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “a first acquisition unit”, “a second acquisition unit”, “a third acquisition unit”, “a selection unit”, “a creation unit”, “a control unit”, and “a storage unit” in claims 1-4 and 6-10. See MPEP 2181.I.A, where: “With respect to the first prong of this analysis, a claim element that does not include the term "means" or "step" triggers a rebuttable presumption that 35 U.S.C. 112(f) does not apply. When the claim limitation does not use the term "means," examiners should determine whether the presumption that 35 U.S.C. 112(f) does not apply is overcome. The presumption may be overcome if the claim limitation uses a generic placeholder (a term that is simply a substitute for the term "means"). The following is a list of non-structural generic placeholders that may invoke 35 U.S.C. 112(f): "mechanism for," "module for," "device for," "unit for," "component for," "element for," "member for," "apparatus for," "machine for," or "system for." In the instant example, e.g. “a first acquisition unit” is equivalent to “a unit for acquisition”.
A review of the specification includes a processor, Para. [0028], Fig. 2: Element 201.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 15 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because claim 15 is directed to a “computer readable storage medium”, which under the broadest reasonable interpretation of the art includes transitory forms of medium. See MPEP 2106.03.II: “For example, the BRI of machine readable media can encompass non-statutory transitory forms of signal transmission, such as a propagating electrical or electromagnetic signal per se. See In re Nuijten, 500 F.3d 1346, 84 USPQ2d 1495 (Fed. Cir. 2007). When the BRI encompasses transitory forms of signal transmission, a rejection under 35 U.S.C. 101 as failing to claim statutory subject matter would be appropriate. Thus, a claim to a computer readable medium that can be a compact disc or a carrier wave covers a non-statutory embodiment and therefore should be rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter. See, e.g., Mentor Graphics v. EVE-USA, Inc., 851 F.3d at 1294-95, 112 USPQ2d at 1134 (claims to a "machine-readable medium" were non-statutory, because their scope encompassed both statutory random-access memory and non-statutory carrier waves).”
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.
Claims 1-2, 5-9, and 11-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tani (US 2015/0318698).
Claim 1: Tani discloses a control device (100, Fig.6, 100 shown in Fig.2 and described in Figs.7-13) capable of communicating with a plurality of distributed power supplies (200A-200C; see [0051], via 140 of Fig.2, where 100 collects and acquires information on electric power at various places”, [0052], where “Each of electric power generation facilities installed in one electric power distribution station 200 may be managed by the centralized control station 100”, and [0065]) in a power supply system (Fig.6) that supplies power to a demander (Demand), the control device comprising:
a first acquisition unit (120) configured to acquire information regarding performance and running from each of the plurality of distributed power supplies (see [0064]: “The operating electric power generation facility determination part 120 acquires information on the electric power flows of the electric power distribution stations 200 (whether the system power supply is used, whether electric power generation means is used, or the like) via the communication part 140 and determines electric power generation means to be operated (and outputs or power transmission paths as needed) with use of a selection part 121”);
a second acquisition unit (110) configured to acquire a power demand amount from a plurality of demanders to which power is to be supplied by the plurality of distributed power supplies (see [0063]: “The electric power demand monitor part 110 continuously monitors electric power demands at the demand loads (consumers), calculates the total demand, and notifies the operating electric power generation facility determination part 120 of the total demand”);
a third acquisition unit configured to acquire a selection criterion to be used at a time of selecting (selection criterion acquired for 121, see [0071]: “With respect to the electric power distribution stations 200 (electric power generation means) that can generate a calculated amount of power efficiently, the operating electric power generation facility determination part 120 (selection part 121) performs a derivation process of a combination of the electric power distribution stations 200 that allows the calculated necessary operation period to fall within a desired range of a fuel cost or a cost rate and selects electric power distribution stations 200”; see also [0147], where costs of operation of the power sources are acquired) from among the plurality of distributed power supplies (which of 200A-200C are selected), a distributed power supply to be operated when supplying power to the plurality of demanders (see [0071]);
a selection unit (121) configured to select a distributed power supply to be operated from among the plurality of distributed power supplies based on the information acquired by the first acquisition unit, the power demand amount acquired by the second acquisition unit, and the selection criterion acquired by the third acquisition unit (according to the power supply combinations, the demand, and the cost of operating each combination; see [0147]);
a creation unit (also 121) configured to create an operation plan for the distributed power supply selected by the selection unit (see [0151]-[0152], where a least costly combination is selected for a period of time, corresponding to an “operation plan”); and
a control unit (100 and 140) configured to control running of the distributed power supply selected by the selection unit based on the operation plan created by the creation unit (see [0153] and [0095], where 100 sends an operation command to stations 200 to be operated to implement the operation plan),
wherein the selection unit acquires a combination of distributed power supplies operable with respect to the power demand amount acquired by the second acquisition unit based on the information acquired by the first acquisition unit, and in a case where a plurality of combinations are acquired, the selection unit determines priorities of the plurality of combinations based on the selection criterion acquired by the third acquisition unit, and selects distributed power supplies included in a combination having the highest priority (see Figs.12, 13, and [0147]-[0151] where the combinations are ordered by priority based on operating costs and the combination with the lowest operating cost is selected).
Claim 14: Tani discloses a control method (Fig.9) executed in a control device (100, shown in Fig.2) capable of communicating (via 140) with a plurality of distributed power supplies (200A-200C) in a power supply system (Fig.6) that supplies power to a demander (DEMAND), the control method comprising:
acquiring information regarding performance and running from each of the plurality of distributed power supplies (see [0064]: “The operating electric power generation facility determination part 120 acquires information on the electric power flows of the electric power distribution stations 200 (whether the system power supply is used, whether electric power generation means is used, or the like) via the communication part 140 and determines electric power generation means to be operated (and outputs or power transmission paths as needed) with use of a selection part 121”);
acquiring a power demand amount from a plurality of demanders to which power is to be supplied by the plurality of distributed power supplies (see [0063]: “The electric power demand monitor part 110 continuously monitors electric power demands at the demand loads (consumers), calculates the total demand, and notifies the operating electric power generation facility determination part 120 of the total demand”);
acquiring a selection criterion to be used at a time of selecting, from among the plurality of distributed power supplies, a distributed power supply to be operated when supplying power to the plurality of demanders (operating cost; see [0071]: “With respect to the electric power distribution stations 200 (electric power generation means) that can generate a calculated amount of power efficiently, the operating electric power generation facility determination part 120 (selection part 121) performs a derivation process of a combination of the electric power distribution stations 200 that allows the calculated necessary operation period to fall within a desired range of a fuel cost or a cost rate and selects electric power distribution stations 200”);
selecting a distributed power supply to be operated from among the plurality of distributed power supplies based on the acquired information, the acquired power demand amount, and the acquired selection criterion (according to the power supply combinations, the demand, and the cost of operating each combination; see [0147]);
creating an operation plan for the selected distributed power supply (see [0151]-[0152], where a least costly combination is selected for a period of time, corresponding to an “operation plan”); and
controlling running of the distributed power supply selected based on the created operation plan (see [0153] and [0095], where 100 sends an operation command to stations 200 to be operated to implement the operation plan),
wherein a combination of distributed power supplies operable with respect to the acquired power demand amount is acquired based on the acquired information, and in a case where a plurality of combinations are acquired, priorities of the plurality of combinations are determined based on the acquired selection criterion, and distributed power supplies included in a combination having the highest priority are selected (see Figs.12, 13, and [0147]-[0151] where the combinations are ordered by priority based on operating costs and the combination with the lowest operating cost is selected).
Claim 15: Tani discloses a computer-readable storage medium (see [0185]) storing a program for causing a computer (a CPU operating software; see [0185]) of a control device (100) capable of communicating with a plurality of distributed power supplies (200A-200C) in a power supply system (Fig.6) that supplies power to a demander to function to perform the method discussed above with regard to claim 14.
Claim 2: Tani discloses a storage unit (within 100) configured to store a first database in which the information acquired by the first acquisition unit and each of the plurality of distributed power supplies are associated with each other (see [0064], where information on each of 200 are stored in 122), and a second database in which the power demand amount acquired by the second acquisition unit and each of the plurality of demanders are associated with each other (see [0070], where 100 may also have a database of demands varying with time).
Claim 5: Tani discloses wherein the selection criterion is a criterion acquired for a purpose of at least one of securement of remaining energy amount, economic efficiency (cost; see Fig.13 and [0147]-[0151]), environmental friendliness, and low noise (due to the alternative “at least one” language, only one of the above is required to meet the scope of the claim).
Claims 6 and 8-9: due to the “at least one” language of claim 5 and “when the selection criterion” language of claims 6 and 8-9, the scope of the claim is met despite not disclose the details of the criterion (i.e. as the criterion is “economic efficiency” and the other criterion are not positively recited in each of claims 5-6 and 8-9, the remaining criterion is not acquired, thus the language of the “when” clause is met).
Claim 7: Tani discloses wherein when the selection criterion is acquired by the third acquisition unit for the purpose of economic efficiency, the selection unit selects the distributed power supplies included in the combination having the highest priority determined based on power generation unit prices included in the information acquired by the first acquisition unit (fuel costs; see [0150], [0129]).
Claim 11: Tani discloses wherein the power demand amount is a power demand amount obtained by adding up the power demand amounts of the plurality of demanders (see Fig.8A and [0117]).
Claim 12: Tani discloses wherein the distributed power supplies include at least one of a diesel engine-based power generation device, a sunlight-based power generation device, a wind-based power generation device, and a fuel cell-based power generation device (diesel generators or fuel cells; see [0184]).
Claim 13: Tani discloses wherein the power supply system is a system that is not supplied with power from a bulk power system (see [0007], which discloses an application in microgrid, picogrid, or cells, thus outside of a “bulk power system”).
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.
Claims 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over Tani in view of Yuji et al. (JP 2016-025792 A, hereinafter “Yuji”).
Tani discloses the limitations of claim 2, as discussed above, but does not disclose that the first and second acquisition units each acquire information and update the databases at predetermined time intervals. Yuji discloses in that in a similar system, supply and demand amounts may be periodically updated in a database (see pg.4, 3rd paragraph: “The demand power amount and the predicted value of the power generation amount stored in the demand / power generation amount prediction database 12 are periodically updated”). One of ordinary skill in the art would have found the intrinsic benefit of periodically updating supply and demand information in the databases of Tani as useful in providing accurate supply and demand information. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have periodically updated the supply and demand information stored in databases of Tani in order to have provided accurate current information on supply and demand.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Tani in view of Saito et al. (US 2020/0153254, hereinafter “Saito”).
Tani discloses the limitations of claim 1, as well as acquiring cost information (see [0147]), but does not explicitly disclose that the information is acquired “based on an input by a user through a user interface screen”, as required by the claim. Saito discloses that a similar supplier/demander terminal may be a “mobile phone, a smart phone, a PDA, a tablet, a laptop computer, a wearable computer and the like” (see [0052] and [0177]). One of ordinary skill in the art would have recognized an input by a user through a user interface screen, e.g. a smart phone or tablet, as a suitable means to provide the required cost information to the control system of Tani. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the application to have utilized a user interface screen and a user to as a suitable means in providing the operating cost information of Tani to the centralized control station.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Okabe (US 2015/0309549), Kogo et al. (US 2017/0214273), and Ichino (US 2015/0214737) disclose similar power supply systems.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYAN JOHNSON whose telephone number is (571)270-1264. The examiner can normally be reached Monday - Friday, 9:00 AM - 5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Menna Youssef can be reached at (571)270-3684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RYAN JOHNSON/Primary Examiner, Art Unit 2849