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 .
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.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
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 collector configured to collect data” in claim 1
“an estimator configured to perform an estimation of total power consumption” in claim 1
“a controller configured to perform a control of the freezer” in claim 1
“a collector configured to collect data” in claim 18
“an estimator configured to estimate total power consumption” in claim 18
“a controller configured to perform a control of the freezer” in claim 18
Because these claim limitation(s) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, they 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 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 them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 102
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.
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, 4-5, 8, 10, 15, 17, and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Uchida et al. WO2014/203393 (“Uchida”).
Uchida discloses:
1. A power management apparatus comprising:
a collector configured to collect data related to electric power of a facility comprising a freezer and a power load other than the freezer (e.g., pg. 16: “the regulation period setting means 61 may store the history of total power consumption and the power consumption of each home appliance 1A to 1E in a database”, pg. 17: “the operation prediction means 62 stores the history of operation information sent from each home appliance 1A to 1E as a database”);
an estimator configured to perform an estimation of total power consumption of the facility with the data (e.g., pg. 15: “the in-home controller 2 has a function to…set or predict the power restriction period TP when power is in a pinch”, pg. 16: “and set the power regulation period TP based on the total power consumption”, pg. 17: “The operation prediction means 62 predicts the timing at which each home appliance 1A to 1E will operate, based on the operation information sent from each home appliance 1A to 1E”, “The operation prediction means 62 then statistically determines the date and time or periodic interval at which each function of each home appliance 1A to 1E, such as rapid cooling operation or defrosting operation, is most frequently performed. The operation prediction means 62 then predicts the operation timing of each home appliance 1A to 1E based on the determined date and time or the periodic interval in which they are performed”); and
a controller configured to perform a control of the freezer with a result of the estimation (e.g., pg. 15: “and control each home appliance 1A to 1E so as to stagger the operation timing of each home appliance 1A to 1E”, pg., 17: “The operation management means 63 controls the operation of each home appliance 1A to 1E by transmitting control instruction signals to the home appliances 1A to 1E connected to the network NW within the power management system 100. Specifically, the operation management means 63 has a function to restrict the operation of each home appliance 1A to 1E when the current power supply and demand is tight”), wherein
the controller is configured to perform the control to prioritize a reduction of a peak in the total power consumption of the facility over a reduction of a peak in power consumption of the freezer (e.g., pg. 17: “In this case, the operation management means 63 has a priority order for regulating operation stored in advance, and regulates the operation of each home appliance 1A to 1E according to the priority order. For example, if the total power consumption is approaching the supply capacity of the grid power supply 1 which is stored in advance, the operation management means 63 sends a power saving instruction to the home appliance with high power consumption that is set to a higher priority”, pg. 19: “For example, in the case of refrigerator 1A, the rapid cooling operation is set to be performed before the power restriction period TP. Furthermore, the defrosting operation is scheduled to run during times when electricity rates are lower”).
2. The power management apparatus according to claim 1, wherein
the controller is configured to perform the control of the freezer and the power load to prioritize a reduction of the peak in the total power consumption of the facility over the a reduction of the peak in the power consumption of the freezer (e.g., pg. 17: “In this case, the operation management means 63 has a priority order for regulating operation stored in advance, and regulates the operation of each home appliance 1A to 1E according to the priority order. For example, if the total power consumption is approaching the supply capacity of the grid power supply 1 which is stored in advance, the operation management means 63 sends a power saving instruction to the home appliance with high power consumption that is set to a higher priority”, pg. 19: “For example, in the case of refrigerator 1A, the rapid cooling operation is set to be performed before the power restriction period TP. Furthermore, the defrosting operation is scheduled to run during times when electricity rates are lower”).
4. The power management apparatus according to claim 1, wherein
the estimator is configured to estimate a facility peak time zone, which is a time zone comprising the peak in the total power consumption of the facility, with the data, and
the controller is configured to perform the control to occur the peak in the power consumption of the freezer in a predetermined time zone prior to the facility peak time zone (e.g., pg. 17: “In this case, the operation management means 63 has a priority order for regulating operation stored in advance, and regulates the operation of each home appliance 1A to 1E according to the priority order. For example, if the total power consumption is approaching the supply capacity of the grid power supply 1 which is stored in advance, the operation management means 63 sends a power saving instruction to the home appliance with high power consumption that is set to a higher priority”, pg. 19: “For example, in the case of refrigerator 1A, the rapid cooling operation is set to be performed before the power restriction period TP. Furthermore, the defrosting operation is scheduled to run during times when electricity rates are lower”).
5. The power management apparatus according to claim 4, wherein the controller is configured to perform, as the control, a reduction control to reduce an operation of the freezer in the facility peak time zone (e.g., pg. 17: “In this case, the operation management means 63 has a priority order for regulating operation stored in advance, and regulates the operation of each home appliance 1A to 1E according to the priority order. For example, if the total power consumption is approaching the supply capacity of the grid power supply 1 which is stored in advance, the operation management means 63 sends a power saving instruction to the home appliance with high power consumption that is set to a higher priority”, pg. 19: “For example, in the case of refrigerator 1A, the rapid cooling operation is set to be performed before the power restriction period TP. Furthermore, the defrosting operation is scheduled to run during times when electricity rates are lower”).
8. The power management apparatus according to claim 4, wherein the facility comprises a power equipment;
the estimator is configured to predict generated power of the power generation equipment for each time zone (e.g., pg. 15: “the in-home controller 2 has a function to…set or predict the power restriction period TP when power is in a pinch”, pg. 16: “and set the power regulation period TP based on the total power consumption”, pg. 17: “The operation prediction means 62 predicts the timing at which each home appliance 1A to 1E will operate, based on the operation information sent from each home appliance 1A to 1E”, “The operation prediction means 62 then statistically determines the date and time or periodic interval at which each function of each home appliance 1A to 1E, such as rapid cooling operation or defrosting operation, is most frequently performed. The operation prediction means 62 then predicts the operation timing of each home appliance 1A to 1E based on the determined date and time or the periodic interval in which they are performed”), and
the controller is configured to perform the control to occur the peak in the power consumption of the freezer in the predetermined time zone in which the generated power satisfies a predetermined criterion (e.g., pg. 15: “and control each home appliance 1A to 1E so as to stagger the operation timing of each home appliance 1A to 1E”, pg., 17: “The operation management means 63 controls the operation of each home appliance 1A to 1E by transmitting control instruction signals to the home appliances 1A to 1E connected to the network NW within the power management system 100. Specifically, the operation management means 63 has a function to restrict the operation of each home appliance 1A to 1E when the current power supply and demand is tight”).
10. The power management apparatus according to claim 4, wherein
the estimator is configured to estimate an electric power wholesale price for each time zone, and
the controller is configured to perform the control to occur the peak in the power consumption of the freezer in the predetermined time zone in which the electric power wholesale price satisfies a predetermined criterion (e.g., pg. 27: “even if it is predicted that defrosting will not be performed within the power regulation period TP, rapid cooling or defrosting will be performed during the time period when the electricity cost per unit of power is low, as shown in Figure 6B. This not only avoids the concentration of power consumption, but also results in a reduction in electricity costs”).
15. The power management apparatus according to claim 1, wherein
when the facility comprises power storage equipment and control of the freezer is unable to be performed, the controller is configured to perform the control of the power storage equipment to reduce the peak in the total power consumption of the facility (e.g., pg. 29: “the operation management means 63 of the in-home controller 2 in Figure 7 has the function of adjusting the power load in the home by taking into account the power generation status and charging status of the solar power generation system 310 and the electric vehicle 320”).
17. A power management program executed in a computer, the power management program comprising:
collecting data related to electric power of a facility comprising a freezer and a power load other than the freezer (e.g., pg. 16: “the regulation period setting means 61 may store the history of total power consumption and the power consumption of each home appliance 1A to 1E in a database”, pg. 17: “the operation prediction means 62 stores the history of operation information sent from each home appliance 1A to 1E as a database”);
estimating total power consumption of the facility with the data (e.g., pg. 15: “the in-home controller 2 has a function to…set or predict the power restriction period TP when power is in a pinch”, pg. 16: “and set the power regulation period TP based on the total power consumption”, pg. 17: “The operation prediction means 62 predicts the timing at which each home appliance 1A to 1E will operate, based on the operation information sent from each home appliance 1A to 1E”, “The operation prediction means 62 then statistically determines the date and time or periodic interval at which each function of each home appliance 1A to 1E, such as rapid cooling operation or defrosting operation, is most frequently performed. The operation prediction means 62 then predicts the operation timing of each home appliance 1A to 1E based on the determined date and time or the periodic interval in which they are performed”); and
performing a control of the freezer with a result of the estimation (e.g., pg. 15: “and control each home appliance 1A to 1E so as to stagger the operation timing of each home appliance 1A to 1E”, pg., 17: “The operation management means 63 controls the operation of each home appliance 1A to 1E by transmitting control instruction signals to the home appliances 1A to 1E connected to the network NW within the power management system 100. Specifically, the operation management means 63 has a function to restrict the operation of each home appliance 1A to 1E when the current power supply and demand is tight”), wherein
the performing the control comprises performing the control to prioritize a reduction of a peak in the total power consumption of the facility over a reduction of a peak in power consumption of the freezer (e.g., pg. 17: “In this case, the operation management means 63 has a priority order for regulating operation stored in advance, and regulates the operation of each home appliance 1A to 1E according to the priority order. For example, if the total power consumption is approaching the supply capacity of the grid power supply 1 which is stored in advance, the operation management means 63 sends a power saving instruction to the home appliance with high power consumption that is set to a higher priority”, pg. 19: “For example, in the case of refrigerator 1A, the rapid cooling operation is set to be performed before the power restriction period TP. Furthermore, the defrosting operation is scheduled to run during times when electricity rates are lower”).
19. A freezer comprising:
a collector configured to collect data related to electric power of a facility comprising a freezer and a power load other than the freezer (e.g., pg. 16: “the regulation period setting means 61 may store the history of total power consumption and the power consumption of each home appliance 1A to 1E in a database”, pg. 17: “the operation prediction means 62 stores the history of operation information sent from each home appliance 1A to 1E as a database”);
an estimator configured to estimate total power consumption of the facility with the data (e.g., pg. 15: “the in-home controller 2 has a function to…set or predict the power restriction period TP when power is in a pinch”, pg. 16: “and set the power regulation period TP based on the total power consumption”, pg. 17: “The operation prediction means 62 predicts the timing at which each home appliance 1A to 1E will operate, based on the operation information sent from each home appliance 1A to 1E”, “The operation prediction means 62 then statistically determines the date and time or periodic interval at which each function of each home appliance 1A to 1E, such as rapid cooling operation or defrosting operation, is most frequently performed. The operation prediction means 62 then predicts the operation timing of each home appliance 1A to 1E based on the determined date and time or the periodic interval in which they are performed”); and
a controller configured to perform a control of the freezer with a result of the estimation (e.g., pg. 15: “and control each home appliance 1A to 1E so as to stagger the operation timing of each home appliance 1A to 1E”, pg., 17: “The operation management means 63 controls the operation of each home appliance 1A to 1E by transmitting control instruction signals to the home appliances 1A to 1E connected to the network NW within the power management system 100. Specifically, the operation management means 63 has a function to restrict the operation of each home appliance 1A to 1E when the current power supply and demand is tight”), wherein
the controller is configured to perform the control to prioritize a reduction of a peak in the total power consumption of the facility over a reduction of a peak in power consumption of the freezer (e.g., pg. 17: “In this case, the operation management means 63 has a priority order for regulating operation stored in advance, and regulates the operation of each home appliance 1A to 1E according to the priority order. For example, if the total power consumption is approaching the supply capacity of the grid power supply 1 which is stored in advance, the operation management means 63 sends a power saving instruction to the home appliance with high power consumption that is set to a higher priority”, pg. 19: “For example, in the case of refrigerator 1A, the rapid cooling operation is set to be performed before the power restriction period TP. Furthermore, the defrosting operation is scheduled to run during times when electricity rates are lower”).
Allowable Subject Matter
Claims 3, 6-7, 9, and 11-14 are 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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYAN A JARRETT whose telephone number is (571)272-3742. The examiner can normally be reached M-F 9:00-5:30.
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/RYAN A JARRETT/Primary Examiner, Art Unit 2116
08/20/26
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