Prosecution Insights
Last updated: July 17, 2026
Application No. 18/832,587

OPERATING A PLANT DURING LOW NATURAL POWER

Non-Final OA §103§112
Filed
Jul 24, 2024
Priority
Feb 01, 2022 — EU 22154457.0 +1 more
Examiner
WORKU, KIDEST
Art Unit
Tech Center
Assignee
Siemens Gamesa Renewable Energy S.A.
OA Round
1 (Non-Final)
85%
Grant Probability
Favorable
1-2
OA Rounds
2y 5m
Est. Remaining
88%
With Interview

Examiner Intelligence

Grants 85% — above average
85%
Career Allowance Rate
1018 granted / 1200 resolved
+24.8% vs TC avg
Minimal +3% lift
Without
With
+2.7%
Interview Lift
resolved cases with interview
Typical timeline
4y 5m
Avg Prosecution
32 currently pending
Career history
1228
Total Applications
across all art units

Statute-Specific Performance

§101
5.9%
-34.1% vs TC avg
§103
54.8%
+14.8% vs TC avg
§102
21.5%
-18.5% vs TC avg
§112
5.0%
-35.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1200 resolved cases

Office Action

§103 §112
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 . 1. Claims 1-16 are presented for examination. Claim Objections 2. Claims 1-16 are objected to because of the following informalities: Claims 1-16 use “and/or” multiple time in a single claim for most of the claims, that creates ambiguity and confusion, appropriate correction is required. Claim 2, line 12, after the phrase “than a” the “a” should be deleted. Appropriate correction is required. Claim Rejections - 35 USC § 112 3. 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 2 and 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 “their”(their) in claim 2, unclear what is represents and it not clear the metes and bounds the term “their”. Appropriate correction is required. The term “substantially” in claim 2 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. The term “its” in claim 5, unclear what is represents and it not clear the metes and bounds the term “its”. Appropriate correction is required. Claim Rejections - 35 USC § 103 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. 4. 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. 4.1 Claim(s) 1 and 4-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Busker (US 20200227918 A1) in view of Thisted (US20110266871A1). Regarding claim 1, Busker discloses an arrangement for controlling a natural energy production plant ([0009], [0032], providing an energy supply for the wind turbine) connectable/connected to a utility grid ([0009], fed into an electric supply grid connected to the wind turbines 100) and comprising plural energy production entities wind turbines ([0009], a method of supplying at least one component, namely an electrical component, of a wind turbine with energy by an energy supply device), during insufficient natural energy availability ([0021], [0022],[0038], the components of the wind turbine can be supplied with energy from the energy storage device when the generator is not producing any energy while the energy storage device can be charged up from the DC voltage intermediate circuit), the method comprising: providing first power from an energy storage system to the energy production entities ([0021], the components of the wind turbine can be supplied with energy from the energy storage device when the generator is not producing any energy while the energy storage device can be charged up from the DC voltage intermediate circuit); controlling, the energy production entities and/or the energy storage system based on the first power and/or the second power and/or a charge state of the energy storage system (system ([0010], [0042], a control device for controlling the inverter 16 to produce a grid-conforming alternating current. the control system of the wind turbine, control systems of the inverters). Busker fails to disclose measuring second power provided to the energy production entities from the utility grid. However, Thisted discloses measuring second power provided to the energy production entities from the utility grid (Abstract, a grid measurement device for measuring an electric parameter of the electric grid, and a controller unit for adjusting the direct current for the charging the battery as a function of the electric parameter of the electric grid. Moreover, a method for interchanging electric energy between a battery and an electric grid is provided). Thisted and Busker are analogous art. They relate to power Interchange System. Therefore, before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify interchanging electric energy, taught by Thisted, incorporated with supplying the component of a wind turbine with energy, taught by Busker, in order to provide a highly efficient and highly reliable method for interchanging electric energy between a battery and an electric grid. Regarding claim 12-14, Busker discloses an arrangement for controlling a natural energy production plant ([0009], [0032], providing an energy supply for the wind turbine) connectable/connected to a utility grid ([0009], fed into an electric supply grid connected to the wind turbines 100) and comprising plural energy production entities wind turbines ([0009], a method of supplying at least one component, namely an electrical component, of a wind turbine with energy by an energy supply device), during insufficient natural energy availability ([0021], [0022], [0038], the components of the wind turbine can be supplied with energy from the energy storage device when the generator is not producing any energy while the energy storage device can be charged up from the DC voltage intermediate circuit), the arrangement comprising: an energy storage system adapted to providing first power to the energy production entities ([0021], the components of the wind turbine can be supplied with energy from the energy storage device when the generator is not producing any energy while the energy storage device can be charged up from the DC voltage intermediate circuit); and a control portion, including a plant controller and/or respective energy production entity controllers, adapted to control the energy production entities and/or the energy storage system based on the first power and/or the second power and/or a charge state of the energy storage system ([0010], [0042], a control device for controlling the inverter 16 to produce a grid-conforming alternating current. the control system of the wind turbine, control systems of the inverters). fails to disclose measuring equipment adapted to measure second power provided to the energy production entities from the utility grid. However, Thisted discloses measuring equipment adapted to measure second power provided to the energy production entities from the utility grid (Abstract, a grid measurement device for measuring an electric parameter of the electric grid, and a controller unit for adjusting the direct current for the charging the battery as a function of the electric parameter of the electric grid. Moreover, a method for interchanging electric energy between a battery and an electric grid is provided). Thisted and Busker are analogous art. They relate to power Interchange System. Therefore, before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify interchanging electric energy, taught by Thisted, incorporated with supplying the component of a wind turbine with energy, taught by Busker, in order to provide a highly efficient and highly reliable method for interchanging electric energy between a battery and an electric grid. Regarding claim 4, the combination of Thisted and Busker discloses: Busker discloses the energy storage system comprises a DC energy storage ([0012], storage in a direct current (DC) voltage) and a DC-AC converter( [0015], (the voltage of the energy taken from the DC voltage intermediate circuit to supply the components with energy is fed to an inverter of the energy supply device and converted into an AC voltage in the inverter), and a transformer ([0002],[0020], a transformer 34 to a supply grid connected to the wind turbine), wherein controlling the energy storage system comprises controlling, by the plant controller, the DC-AC converter (0042], a control device for controlling the inverter 16 to produce a grid-conforming alternating current), wherein the energy storage system comprises at least one of: a battery energy storage system; a hydrogen electrolysis system; a fuel cell system; and/or a flywheel (energy storage device 26), and Thisted discloses a battery energy storage system; a hydrogen electrolysis system; a fuel cell system (electrical battery 7, [0022], fossil fuel like coal, gas or oil). Regarding claim 5, the combination of Thisted and Busker discloses: Thisted discloses the DC-AC converter is limited regarding its power capacity by the energy storage system power limit ([0033] An exemplary embodiment of the invention includes a single or three phase grid transformers, a power electronic device for conversion of AC grid current to DC current. The current flow is reversible meaning that the power electronic device can act as a rectifier when active power is consumed from the grid to charge the battery. Alternatively, the electronic power device can act as an inverter when active power is released by discharging the battery, inverted into AC current and fed into the grid), and Busker discloses wherein the energy storage system power limit is lower than a nominal or empirical total power requirement of the plant during insufficient natural energy availability (0038] The secondary side of the transformer 34 of the energy supply device 22 can be connected to the grid-side transformer 18 by way of switches 37 and 43. In the situation where no energy storage device 26 is provided or the energy storage device 26 is discharged and the wind turbine 100 is shut down, and is therefore not producing any energy, those switches 37 and 43 can be closed. Thus, voltage can be taken from the supply grid 22 and converted by way of the secondary side of the transformer 34 into a supply voltage for supplying the components. That is then output at the output 36). Regarding claim 6, Thisted discloses controlling the energy production entities comprises: sending, from the plant controller, control signals to the energy production entity controllers ([0014], the controller unit is configured such, that a predefined (predetermined) direct current for charging or discharging the battery is provided as a function of the electric parameter); and controlling, by the respective energy production entity controllers, components of the respective energy production entity ([0015],[0041], the controller unit is configured such, that a local power grid disturbance within the electric grid can be detected and/or power grid support can be provided. The disturbance can be repaired. Alternatively, the adjustment of the charging the battery is accomplished). Regarding claim 7, Busker discloses controlling the energy production entities ([0004], control devices which actuate mechanical components of the wind turbine for operation) comprises: determining a subset of energy production entities that are allowed to perform at least one power requiring action ( [0004], the adjusting motors for rotor blade adjustment or various cooling devices for cooling the generator and/or the inverters). controlling the subset of energy production entities to perform the at least one power requiring action ([0004], components of the wind turbine, cooling devices, mechanical actuators and the control system itself); controlling other energy production entities, not included in the subset, not to perform the at least one power requiring action ([0010], the control system of the wind turbine, control systems of the inverters, a control system of the pod, coolant pumps); the method comprising, later, when the subset of energy production entities completed to perform the at least one power requiring action: controlling at least one of the other energy production entities, not included in the subset, to perform the at least one power requiring action ([0004], [0042], components of the wind turbine, cooling devices, mechanical actuators and the control system itself. As an example of components mention may be made for instance of the drive for a yaw adjustment of the wind turbine, the adjusting motors for rotor blade adjustment or various cooling devices for cooling the generator and/or the inverters. Further components are the electrical open-loop and closed-loop control devices which actuate mechanical components of the wind turbine for operation thereof). Regarding claim 8, Busker discloses the at least one power requiring action comprises at least one of: a yawing action; a cooling action; a pumping action; a fan operating action; a shutdown action; a going to idling action; and/or a safety action ([0004], [0042], the yaw drive 60 a yaw adjustment;[0004], cooling devices for cooling the generator; and [0042], a coolant pump 56 for pumping the cooling liquid for cooling the converters). Regarding claim 9, Thisted discloses measuring the second power comprises measuring second active power and/or second reactive power, and/or wherein the energy production entities comprise at least one transformer ([0009],[0012], [0023], [0040], [0041], a grid measurement device for measuring an electric parameter of the electric grid; and a controller unit for adjusting the direct current for the charging the battery as a function of the electric parameter of the electric grid; securing the active and reactive power balance on the utility grid when many distributed renewable energy generating units have replaced the big central units). Regarding claim 10, Busker discloses the energy producing entities comprise at least one of: a wind turbine; a photovoltaic system; a tidal system; and/or a hydropower system (the wind turbine 100); wherein the insufficient natural energy availability is at least one of: a wind speed is below a wind speed threshold; a solar irradiation is below an irradiation threshold; and/or a power output of the energy production entities is below a minimal power output threshold ([0021], [0022],[0038], the components of the wind turbine can be supplied with energy from the energy storage device when the generator is not producing any energy while the energy storage device can be charged up from the DC voltage intermediate circuit). Regarding claim 11, Busker discloses the first power, and the second power, is provided to plural components of the energy production entities, the components including at least one of; a wind turbine auxiliary component; a pump; a fan; a motor; a yaw actuator for turning a rotor axis; a pitch actuator for a wind turbine blade; a cooling system component; a heater system component; an illumination system; a light component; a control system; and/or a communication system (([0004], [0042], the yaw drive 60 a yaw adjustment;[0004], cooling devices for cooling the generator; and [0042], a coolant pump 56 for pumping the cooling liquid for cooling the converters; [0004], the adjusting motors for rotor blade, mechanical actuators and the control system; [0010],[0031], pitch drives 58, [0010], [0024], lighting and ventilation; components 70 and 72). Regarding claim 15, Busker discloses controlling the natural energy production plant connectable or connected to a utility grid and including plural energy production entities of claim 1 (see the rejection of claim 1), wherein the plural energy production entities comprise plural wind turbines ([0001], energy supply of wind turbines, in particular components of wind turbines). Regarding claim 16, Busker discloses controlling the natural energy production plant connectable or connected to a utility grid and including plural energy production entities of claim 1 (see the rejection of claim 1), wherein the step of controlling further comprises: controlling by a plant controller and/or respective energy production entity controllers ([0004], [0010], [0042], components are the electrical open-loop and closed-loop control devices which actuate mechanical components of the wind turbine for operation thereof; and the control system of the wind turbine, control systems of the inverters, a control system of the pod, coolant pumps, pitch drives, yaw drives, electrical items of equipment in the tower and the pod like for example lighting and ventilation). 4.2 Claim(s) 2-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Busker (US 20200227918 A1) in view of Thisted (US20110266871A1) further in view of Kruger (US 20150330363 A1). Regarding claims 2 and 3, the combination of Busker and Thisted discloses the limitations of claim 1, but fail to disclose the limitations of claims 2-3. However, Kruger discloses as follow: Regarding claim 2, Kruger discloses controlling the energy production entities and/or the energy storage system based on the first power and/or the second power comprises at least one of: controlling the energy production entities to reduce or minimize their power consumptions and/or to enter a sleep mode, by reducing or disabling at least one action; controlling the energy production entities such that the second power is below an active and/or reactive, grid power threshold or is substantially zero; controlling the energy storage system such that the first power is smaller than a, active and/or reactive, energy storage system power limit ([0010], [0011], [0016], [0017], [0022] All power consuming auxiliary systems of the wind power facility may be disabled if demands so require at least partly disabling or at least partly enabling one or more power consuming auxiliary systems in response to said determination). Regarding claim 3, Kruger the energy storage system is connectable or connected to at least one energy production entity, the at least one energy production entity is controlled based on the first power and/or the second power; and/or wherein the energy storage system is connectable or connected to at least one connection node to which a string of energy production entities is connected and the string of energy production entities is controlled based on the first power and/or the second power; and/or wherein the energy storage system is connectable or connected to a plant connection node at a low voltage side of a plant transformer, to which all energy production entities are connected and all energy production entities are controlled based on the first power and/or the second power ([0033]-[0035], an arrangement for delivering additional power from a wind power facility to a power grid connected thereto when said wind power facility is operated at an essentially rated power level, the arrangement comprising: a controller for at least partly disabling one or more power consuming auxiliary systems of the wind power facility in order to save power, and device for delivering at least part of the saved power to the power grid as additional power). Kruger, Thisted and Busker are analogous art. They relate to power Interchange System. Therefore, before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify, regulating a flow of power between a wind power facility and a power grid, taught by Kruger, incorporated with the teachings of Thisted and Busker, as state above, in order to provide an effective and a swift power regulation scheme in order to deliver/absorb power to/from a power grid connected to a wind power facility, such as a wind turbine or a WPP. Citation Pertinent prior art 5. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. JASMIN (US 20190324486 A1) discloses A controller for controlling an energy discharge from an energy saving device to a power grid. The system includes decision logic to implement a local response responsive to events currently occurring in a power grid and in addition remote commands sent from a remote location. Garcia (US 10,539,117 A) discloses the measured data are used in the power plant controller for determining setpoints for controlling the wind turbine generators' production of active and reactive power. Heidenreich (US 9030048 B2) discloses an uninterruptible power supply for supply electrical power to a load, comprises a connection to a primary source for supplying primary power, a battery system for storing battery power, an inverter, and a controller. A reference to specific paragraphs, columns, pages, or figures in a cited prior art reference is not limited to preferred embodiments or any specific examples. It is well settled that a prior art reference, in its entirety, must be considered for allthat it expressly teaches and fairly suggests to one having ordinary skill in the art. Stated differently, a prior art disclosure reading on a limitation of Applicant's claim cannot be ignored on the ground that other embodiments disclosed wereinstead cited. Therefore, the Examiner's citation to a specific portion of a single prior art reference is not intended to exclusively dictate, but rather, to demonstrate an exemplary disclosure commensurate with the specific limitations being addressed. In re Heck, 699 F.2d 1331, 1332-33,216 USPQ 1038, 1039 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006, 1 009, 158 USPQ 275, 277 (CCPA 1968)). In re: Upsher-Smith Labs. v. Pamlab, LLC, 412 F.3d 1319, 1323, 75 USPQ2d 1213, 1215 (Fed. Cir. 2005); In re Fritch, 972 F.2d 1260, 1264, 23 USPQ2d 1780, 1782 (Fed. Cir. 1992); Merck& Co. v. Biocraft Labs., Inc., 874 F.2d804, 807, 10 USPQ2d 1843, 1846 (Fed. Cir. 1989); In re Fracalossi, 681 F.2d 792,794 n.1, 215 USPQ 569, 570 n.1 (CCPA 1982); In re Lamberti, 545 F.2d 747, 750, 192 USPQ 278, 280 (CCPA 1976); In re Bozek, 416 F.2d 1385, 1390, 163USPQ 545, 549 (CCPA 1969). Conclusion 6. Any inquiry concerning this communication or earlier communications from the examiner should be directed Kidest Worku whose telephone number is 571-272-3737. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Ali Mohammad can be reached on 571-272-4105. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Examiner interviews are available via telephone 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. Information regarding the status of an application may be obtained from the Patent Application information Retrieval IPAIRI system. Status information for published applications may be obtained from either Private PMR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAG system, contact the Electronic Business Center (EBC) at 866-217- 9197. /KIDEST WORKU/Primary Examiner, Art Unit 2119
Read full office action

Prosecution Timeline

Jul 24, 2024
Application Filed
Jun 16, 2026
Non-Final Rejection mailed — §103, §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
85%
Grant Probability
88%
With Interview (+2.7%)
4y 5m (~2y 5m remaining)
Median Time to Grant
Low
PTA Risk
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