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 .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Response to Arguments
Applicant's arguments filed 09/22/2026 have been fully considered but they are not persuasive.
The applicant states:
The term "setpoint" is not given any special definition in the Specification. Accordingly, the term takes its plain and ordinary meaning. As the MPEP explains, "the broadest reasonable interpretation does not mean the broadest possible interpretation", and "the meaning given to a claim term must be consistent with the ordinary and customary meaning of the term (unless the term has been given a special definition in the specification), and must be consistent with the use of the claim term in the specification and drawings." MPEP § 2111.
The Examiner respectfully disagrees with the applicant. Under BRI, the applicant’s “site power output setpoint” reasonably reads on the cited “offset load” when the offset load is used to determined how much power the site should generate, discharge, export or otherwise contribute – “For example, control system 99 determines the net load 1200 (load less variable renewable generation) that must be served by transmission 1000 or FISHER system 10. If there is more variable renewable resource 1250 than load, control system 99 determines if there is more value to exporting the energy across PCC 1020 or heating stored energy for future use. If the load 1200 is greater than the power produced by variable renewable resource 1250, then control system 99 determines whether the cost of electricity from the utility is more or less than the cost of electricity produced from fuel or stored energy, and will turn on engine 220 when profitable, and, while considering the availability of stored energy for demand charge abatement or microgrid operation, will operate turbine 120 when profitable” (¶ [0038]).
Moreover, a site power output setpoint can reasonably encompass an offset-load value when that value is used to determined, command, or regulate the amount of power that the site outputs. The word “setpoint” describes the operational role of the value – not necessary its label or arithmetic form – so a value called offset load can satisfy the limitation if it functions as the reference used to establish the site output.
The plain and ordinary meaning of "setpoint" is settled and consistent across general and technical sources. Dictionary.com Unabridged, based on the Random House Unabridged Dictionary, defines "setpoint" as "the desired value in a closed-loop feedback system, as in regulation of temperature or pressure" and as "the point at which a thermostat has been set, as for optimum efficiency." The Collins English Dictionary gives the identical American English definition, "the desired value in a closed-loop feedback system, as in regulation of temperature or pressure," and its Mechanical Engineering entry states that "[a] setpoint is a state that a control system is aiming to reach," explaining that "[a] setpoint is determined, usually by the user, and the valve is adjusted so that flow reaches that point." The NIST glossary entry for "set point," drawn from The Automation, Systems, and Instrumentation Dictionary, likewise defines the term as "[a]n input variable that sets the desired value of the controlled variable," and adds that "[t]his variable may be manually set, automatically set, or programmed." NIST SP 800-82r3.
The examiner respectfully disagrees with the applicant. Even accepting the dictionary definition as described in full, the claim language does not recite “a closed-loop feedback system, a feedback-measuring step, comparison of an actual value against a desired value, regulation of temperature or pressure or a thermostat”. The claims instead recite a “site power output setpoint”. Thus, the pertinent question is whether the cited reference discloses a value that operates as a desired reference, target, or command value for a site power output – not whether the reference discloses every feature appearing in the dictionary definition.
Additionally, the cited definition identifies the general function of a setpoint. The reference to the “dictionary definition” as described by the applicant are examples of conventional applications of that general concept. They do not add any limitations or interpretations in the claim(s) when the claim(s) does not recite them. Therefore, as cited, an offset-load value reasonably constitutes a site power output setpoint when it establishes the amount of site power generation, storage discharge, export, curtailment, or other power adjustments needed to achieve a desired site-level power condition. Whether that value is dynamically calculated, used in an open-loop or closed loop arraignment, or derived as an offset from quantity does not remove it from the ordinary scope of the “site power output setpoint”.
Because Conlon does not disclose the recited setpoint, Conlon also cannot disclose the recited comparison. Applicant respectfully notes that the Office Action recites the clause "based on a difference between the indication and the site power output setpoint" and attaches no citation to it.
The examiner respectfully disagrees with the applicant. Conlon DOES disclose the recited setpoint (refer to previous paragraphs). The applicant’s “based on a difference between the indication and the site power output setpoint” was previously cited (see Claim 1 rejected elements a-c). Moreover, the applicant’s recited “comparison” is not the full limitation. The limitation recites “based on a difference between the indication and the site power output setpoint, adjusting AT LEAST ONE OF: electrical energy delivered by the renewable energy electrical power generation plant to generate thermal energy in the thermal energy storage system”. Therefore, the “comparison” is adjusted by the electrical energy delivered by the renewable energy electrical power generation plant to generate thermal energy in the thermal energy storage system and previously and currently cited.
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, 5-9, 13-18 & 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Conlon (US 2022/0356819).
Regarding Claim 1, Conlon discloses a method of operating an integrated electrical power plant [power plant shown in FIG. 3] (FIG. 3, Abstract), the method comprising:
(a) receiving a site power output setpoint [offset load] for an electrical power interconnection point [1200] that receives power from a combined cycle electrical power generation plant and a renewable energy electrical power generation plant [1250, 10] (FIG. 3, ¶ [0023]; When circuit breaker 110 is closed, the FISHER system 10 allows load 1200 to be supplied from the lowest cost sources, whether transmission 1000 or some combination of DERS, RICE and Rankine Cycle. Variable Renewable Resources 1250 operate customarily providing energy, as the variable resources allow, to offset load 1200), and
(b) wherein a thermal energy storage system is configured to provide heat to generate steam to drive a steam turbine [120] of the combined cycle electrical power generation plant [1250] (FIG. 3, ¶ [0022]; Hot, high-pressure working fluid flows to turbine 120 which produces work that is transmitted through optional clutch 110 to alternator 100 to produce electric power that flows through circuit breaker 1110 to the distribution system to be consumed by load 1200);
(c) receiving an indication of a total electrical output delivered to the electrical power interconnection point [1200] (FIG. 3, ¶ [0023]; When circuit breaker 110 is closed, the FISHER system 10 allows load 1200 to be supplied from the lowest cost sources, whether transmission 1000 or some combination of DERS, RICE and Rankine Cycle. Variable Renewable Resources 1250 operate customarily providing energy, as the variable resources allow, to offset load 1200);
based on a difference between the indication and the site power output setpoint, adjusting at least one of:
OR
(d) electrical energy delivered by the renewable energy electrical power generation plant [1250] to generate thermal energy in the thermal energy storage system (FIG. 3, ¶ [0023]; Variable Renewable Resources 1250 operate customarily providing energy, as the variable resources allow, to offset load 1200. Excess energy from DERS is directed to storage through circuit breaker 1130. If the cost of electricity from transmission 1000 is favorable, then additional energy is directed into storage. Also refer to “b” above regarding the thermal energy storage system).
Regarding Claim 5, Conlon discloses the method of claim 1 [see rejected Claim 1], wherein the thermal energy storage system comprises:
thermal energy storage material [molten salt] (Claim 3, ¶ [0020]);
a heat exchanger [160] to provide the heat to a steam circuit [arrow from 160 to 120] driving the steam turbine [120] (FIG. 3); and
a heat transfer fluid [heat transfer fluid] exchanging the heat between the thermal energy storage material and the heat exchanger (¶ [0020]; Thermal energy is stored in a liquid storage medium that is heated by electric heater 300, or in exhaust heater 370 using heat from the exhaust from engine 220. The storage medium may be a molten salt, an oil, or other suitable heat transfer fluid. Storage medium is circulated by pump 350 from Cold Tank 340 to valve 360 which directs storage medium to electric heater 300, to exhaust heater 370 or to both electric heater 300 and exhaust heater 370).
Regarding Claim 6, Conlon discloses the method of claim 1 [see rejected Claim 1], wherein the adjusting further comprises adjusting, based on the difference between the indication and the site power output setpoint, a power output of a combustion turbine of the combined cycle electrical power generation plant (¶ [0039]; For example, control system 99 determines the net load 1200 (load less variable renewable generation) that must be served by transmission 1000 or FISHER system 10).
Regarding Claim 7, Conlon discloses the method of claim 1 [see rejected Claim 1], further comprising, based on the site power output setpoint, configuring at least one generator [100, 200] within the combined cycle electrical power generation plant [1250] to operate as a synchronous condenser (Claim 1; a turbine generator configured to expand a gaseous working fluid across a turbine to generate electricity; a condenser arranged to condense gaseous working fluid exhaust from the turbine to provide liquid working fluid).
Regarding Claim 8, Conlon discloses the method of claim 1 [see rejected Claim 1], further comprising, based on the site power output setpoint, configuring at least one generator within the combined cycle electrical power generation plant [1250] to operate as a synchronous condenser while the at least one generator is mechanically linked to and turning a rotor of a turbine (Claim 1; a turbine generator configured to expand a gaseous working fluid across a turbine to generate electricity; a condenser arranged to condense gaseous working fluid exhaust from the turbine to provide liquid working fluid).
Regarding Claim 9, Conlon discloses an integrated electrical power plant [power plant shown in FIG. 3] (FIG. 3, Abstract), comprising:
an electrical power interconnection point [1200] (FIG. 3);
a combined cycle electrical power generation plant [1250] configured to provide first electrical power to the electrical power interconnection point [1200] (FIG. 3, refer to “a” above);
a renewable energy electrical power generation plant [wind turbine from 1250] configured to provide second electrical power to the electrical power interconnection point [1200] (FIG. 3);
a thermal energy storage system is configured to provide heat to generate steam to drive a steam turbine [120] of the combined cycle electrical power generation plant [1250] (FIG. 3, refer to “b” above);
a processor [99], communicatively coupled to the combined cycle electrical power generation plant [1250], the renewable energy electrical power generation plant [1250], and the thermal energy storage system (FIG. 3);
a memory, communicatively coupled to the processor (¶ [0039]; For example, control system 99 determines the net load 1200 (load less variable renewable generation) that must be served by transmission 1000 or FISHER system 10); and
a power adjustment processor, communicatively connected to the processor and the memory (¶ [0039]; Control system 99 can record the net load during each interval, and dispatch engine 220 or turbine 120, or stop charging by electric heater 320 in order to avoid an increase of net load above the previously recorded maximum for the billing period), configured to, when operating:
receive a site power output setpoint for an electrical power interconnection point [1200] (FIG. 3, refer to “a” above);
receive an indication of a total electrical output delivered to the electrical power interconnection point [1200] (FIG. 3, refer to “c” above); and
based on a difference between the indication and the site power output setpoint, adjust at least one of:
OR
electrical energy delivered by the renewable energy electrical power generation plant [1250] to generate thermal energy in the thermal energy storage system (FIG. 3, ¶ [0023]; Variable Renewable Resources 1250 operate customarily providing energy, as the variable resources allow, to offset load 1200. Excess energy from DERS is directed to storage through circuit breaker 1130. If the cost of electricity from transmission 1000 is favorable, then additional energy is directed into storage).
Regarding Claim 13, Conlon discloses the integrated electrical power plant of claim 9 [see rejected Claim 9], wherein the thermal energy storage system comprises:
thermal energy storage material [molten salt] (Claim 3, ¶ [0020]);
a heat exchanger [160] to provide the heat to a steam circuit [arrow from 160 to 120] driving the steam turbine [120] (FIG. 3); and
a heat transfer fluid [heat transfer fluid] exchanging the heat between the thermal energy storage material and the heat exchanger (¶ [0020]; Thermal energy is stored in a liquid storage medium that is heated by electric heater 300, or in exhaust heater 370 using heat from the exhaust from engine 220. The storage medium may be a molten salt, an oil, or other suitable heat transfer fluid. Storage medium is circulated by pump 350 from Cold Tank 340 to valve 360 which directs storage medium to electric heater 300, to exhaust heater 370 or to both electric heater 300 and exhaust heater 370).
Regarding Claim 14, Conlon discloses the integrated electrical power plant of claim 9 [see rejected Claim 9], wherein the power adjustment processor is further configured to, when operating, adjust, based on a difference between the indication and the site power output setpoint, a power output of a combustion turbine of the combined cycle electrical power generation plant (¶ [0039]; Control system 99 can record the net load during each interval, and dispatch engine 220 or turbine 120, or stop charging by electric heater 320 in order to avoid an increase of net load above the previously recorded maximum for the billing period).
Regarding Claim 15, Conlon discloses the integrated electrical power plant of claim 9 [see rejected Claim 9], wherein the power adjustment processor is further configured to, when operating, based on the site power output setpoint, configure at least one generator within the combined cycle electrical power generation plant to operate as a synchronous condenser (¶ [0039]; Control system 99 can record the net load during each interval, and dispatch engine 220 or turbine 120, or stop charging by electric heater 320 in order to avoid an increase of net load above the previously recorded maximum for the billing period).
Regarding Claim 16, Conlon discloses the integrated electrical power plant of claim 9 [see rejected Claim 9], wherein the power adjustment processor is configured to, when operating, based on the site power output setpoint, configure at least one generator within the combined cycle electrical power generation plant to operate as a synchronous condenser by at least operating the at least one generator as the synchronous condenser while the at least one generator is mechanically linked to and turning a rotor of a turbine (¶ [0039]; Control system 99 can record the net load during each interval, and dispatch engine 220 or turbine 120, or stop charging by electric heater 320 in order to avoid an increase of net load above the previously recorded maximum for the billing period)..
Regarding Claim 17, Conlon discloses a method of retrofitting a combined cycle electrical power generation plant [1250, 10] (FIG. 3, Abstract), the method comprising:
providing a thermal energy storage system with a heat exchanger [160] providing heat from thermal energy storage material to steam within a steam circuit of a steam turbine [120] of the combined cycle electrical power generation plant [10] (FIG. 3, refer to “b” above & rejected Claim 5);
providing a renewable energy electrical power generation plant [one source from 1250] configured to provide electrical power to:
the thermal energy storage system configured to store energy received in electrical power as thermal energy in the thermal energy storage material [through 1130] (FIG. 3, ¶ [0023]; When circuit breaker 110 is closed, the FISHER system 10 allows load 1200 to be supplied from the lowest cost sources, whether transmission 1000 or some combination of DERS, RICE and Rankine Cycle. Variable Renewable Resources 1250 operate customarily providing energy, as the variable resources allow, to offset load 1200. Excess energy from DERS is directed to storage through circuit breaker 1130); and
an electrical power interconnection point [1200] receiving electrical power from the combined cycle electrical power generation plant [1250, 10] (FIG. 3, ¶ [0023]; When circuit breaker 110 is closed, the FISHER system 10 allows load 1200 to be supplied from the lowest cost sources, whether transmission 1000 or some combination of DERS, RICE and Rankine Cycle. Variable Renewable Resources 1250 operate customarily providing energy, as the variable resources allow, to offset load 1200. Excess energy from DERS is directed to storage through circuit breaker 1130);
providing a controller configured to:
receive a site power output setpoint for the electrical power interconnection point [1200] (FIG. 3, refer to “a” above);
receive an indication of a total electrical output through the electrical power interconnection point [1200] (FIG. 3, refer to “c” above); and
based on a difference between the indication and the site power output setpoint, adjust at least one of:
OR
electrical energy delivered by the renewable energy electrical power generation plant [1250] to generate thermal energy in the thermal energy storage system (FIG. 3, ¶ [0023]; Variable Renewable Resources 1250 operate customarily providing energy, as the variable resources allow, to offset load 1200. Excess energy from DERS is directed to storage through circuit breaker 1130. If the cost of electricity from transmission 1000 is favorable, then additional energy is directed into storage).
Regarding Claim 18, Conlon discloses the method of claim 17 [see rejected Claim 17], further comprising:
providing a respective mechanical disconnect between at least one turbine [120] in the combined cycle electrical power generation plant [1250] and an associated generator [100] (FIG. 3, Claim 1; an engine that combusts a fuel with air to produce mechanical power and exhaust gas, the engine configured to provide the mechanical power to drive a first generator to produce electricity), and
wherein the controller is further configured to, based on the site power output setpoint, configure at least one generator within the combined cycle electrical power generation plant [1250] to operate as a synchronous condenser (Claim 1; a turbine generator configured to expand a gaseous working fluid across a turbine to generate electricity; a condenser arranged to condense gaseous working fluid exhaust from the turbine to provide liquid working fluid).
Regarding Claim 20, Conlon discloses the method of claim 17 [see rejected Claim 17], wherein the controller is configured to, when operating, based on the site power output setpoint, configure at least one generator within the combined cycle electrical power generation plant [1250] to operate as a synchronous condenser by at least operating the at least one generator as the synchronous condenser while the at least one generator is mechanically linked to and turning a rotor of a turbine (Claim 1; a turbine generator configured to expand a gaseous working fluid across a turbine to generate electricity; a condenser arranged to condense gaseous working fluid exhaust from the turbine to provide liquid working fluid).
Allowable Subject Matter
Claims 2-4, 10-12 & 19 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH ORTEGA whose telephone number is (469)295-9083. The examiner can normally be reached M-F 8 AM - 5 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, TULSIDAS C. PATEL can be reached at (571)272-2098. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSEPH ORTEGA/Primary Examiner, Art Unit 2834
