DETAILED ACTION
Responsive to the claims filed December 5, 2024. Claims 1-9 are presented. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
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.
Claims 1-9 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claimed invention is directed to the concept of reducing power usage in a commercial power supply. This judicial exception is not integrated into a practical application. The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception and do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea.
The Examiner will further explain in view of the 2019 Revised Patent Subject Matter Eligibility Guidance using exemplary claim 1:
1. A control device that controls a storage battery configured to supply power to a load, the control device comprising:
an acquisition unit configured to acquire momentary power value information indicating power consumption; and
a control unit configured to perform power control on the storage battery continuously over a prescribed time based on the momentary power value information and reduce a power usage in a commercial power supply.
The claim to an apparatus, which satisfies step 1 of the Section 101 analysis. Under the new two-prong inquiry, the claim is eligible at revised step 2A unless it: Prong One: the claim recites a judicial exception; and Prong Two: the exception is not integrated into a practical application of the exception.
The above claim is directed to the concept reducing a power usage in a commercial power supply, which is an abstract idea that falls within the Mental Processes (Prong one: YES, recites an abstract idea).
The limitations collectively amount to collecting data, analyzing the data using rules and mathematical relationships and adjusting a parameter based on the analysis. Courts have held similar subject matter abstract: See Alice Corp v CLS Bank International; Electric Power Group, LLC; Flook. In particular, Flook involved updating alarm limits based on calculations, which is analogous to performing power control to reduce power usage.
The October 2019 Update explains on pages 7-8 that claims do recite a mental process when the claim limitations can practically be performed in the human mind. Examples of claims that recite mental processes include Electric Power Group, LLC which was directed to collection information, analyzing it, and displaying certain results of the collection and analysis and Classen which was directed to collecting and comparing known information. The courts have also found that claims that require a generic computer may still recite a mental process even though the limitations are not performed entirely in the human mind (page 8 of the October 2019 Update). The Applicant’s specification does not provide any indication that the additional elements are anything other than a generic, off-the-shelf computer.
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional elements when considered both individually and as an ordered combination do not amount to significantly more than the abstract idea. The claims do not recite unconventional hardware, or a specific algorithmic improvement, or specific algorithmic structure beyond result oriented functional language.
The remaining claims are rejected under similar grounds and do not recite any additional elements that amount to significantly more than the abstract idea.
Under step 2B, the claimed invention does not recite additional elements that are indicative of an inventive concept. The additional elements when considered both individually and as an ordered combination do not amount to significantly more than the abstract idea. Mere instructions to apply an exception using a generic computer component cannot integrate a judicial exception into a practical application at Step 2A or provide an inventive concept in Step 2B.
Furthermore, it is noted that the implementation of the abstract idea on generic computers and/or generic computer components does not add significantly more, similar to how the recitation of the computer in Alice amounted to mere instructions to apply the abstract idea on a generic computer. The claims merely invoke the additional elements as tools that are being used in their ordinary capacity. Further, the courts have found that simply limiting the use of the abstract idea to a particular environment does not add significantly more. Thus, taken alone, the additional elements do not amount to significantly more than the above-identified judicial exception (the abstract idea). Looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually. There is no indication that the combination of elements improves the functioning of a computer or improve any other technology. Their collective functions merely provide generic computer implementation.
Regarding computer functions, MPEP 2106.05(d)(II) states: The courts have recognized the following computer functions as well‐understood, routine, and conventional functions when they are claimed in a merely generic manner (e.g., at a high level of generality) or as insignificant extra-solution activity:
i. Receiving or transmitting data over a network, e.g., using the Internet to gather data, Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362 (utilizing an intermediary computer to forward information); TLI Communications LLC v. AV Auto. LLC, 823 F.3d 607, 610, 118 USPQ2d 1744, 1745 (Fed. Cir. 2016) (using a telephone for image transmission); OIP Techs., Inc., v. Amazon.com, Inc., 788 F.3d 1359, 1363, 115 USPQ2d 1090, 1093 (Fed. Cir. 2015) (sending messages over a network); buySAFE, Inc. v. Google, Inc., 765 F.3d 1350, 1355, 112 USPQ2d 1093, 1096 (Fed. Cir. 2014) (computer receives and sends information over a network); but see DDR Holdings, LLC v. Hotels.com, L.P., 773 F.3d 1245, 1258, 113 USPQ2d 1097, 1106 (Fed. Cir. 2014) ("Unlike the claims in Ultramercial, the claims at issue here specify how interactions with the Internet are manipulated to yield a desired result‐‐a result that overrides the routine and conventional sequence of events ordinarily triggered by the click of a hyperlink." (emphasis added));
ii. Performing repetitive calculations, Flook, 437 U.S. at 594, 198 USPQ2d at 199 (recomputing or readjusting alarm limit values); Bancorp Services v. Sun Life, 687 F.3d 1266, 1278, 103 USPQ2d 1425, 1433 (Fed. Cir. 2012) ("The computer required by some of Bancorp’s claims is employed only for its most basic function, the performance of repetitive calculations, and as such does not impose meaningful limits on the scope of those claims.");
iii. Electronic recordkeeping, Alice Corp., 134 S. Ct. at 2359, 110 USPQ2d at 1984 (creating and maintaining "shadow accounts"); Ultramercial, 772 F.3d at 716, 112 USPQ2d at 1755 (updating an activity log);
iv. Storing and retrieving information in memory, Versata Dev. Group, Inc. v. SAP Am., Inc., 793 F.3d 1306, 1334, 115 USPQ2d 1681, 1701 (Fed. Cir. 2015); OIP Techs., 788 F.3d at 1363, 115 USPQ2d at 1092-93;
v. Electronically scanning or extracting data from a physical document, Content Extraction and Transmission, LLC v. Wells Fargo Bank, 776 F.3d 1343, 1348, 113 USPQ2d 1354, 1358 (Fed. Cir. 2014) (optical character recognition); and
vi. A web browser’s back and forward button functionality, Internet Patent Corp. v. Active Network, Inc., 790 F.3d 1343, 1348, 115 USPQ2d 1414, 1418 (Fed. Cir. 2015).
Below are examples of other types of activity that the courts have found to be well-understood, routine, conventional activity when they are claimed in a merely generic manner (e.g., at a high level of generality) or as insignificant extra-solution activity.
i. Recording a customer’s order, Apple, Inc. v. Ameranth, Inc., 842 F.3d 1229, 1244, 120 USPQ2d 1844, 1856 (Fed. Cir. 2016);
ii. Shuffling and dealing a standard deck of cards, In re Smith, 815 F.3d 816, 819, 118 USPQ2d 1245, 1247 (Fed. Cir. 2016);
iii. Restricting public access to media by requiring a consumer to view an advertisement, Ultramercial, Inc. v. Hulu, LLC, 772 F.3d 709, 716-17, 112 USPQ2d 1750, 1755-56 (Fed. Cir. 2014);
iv. Identifying undeliverable mail items, decoding data on those mail items, and creating output data, Return Mail, Inc. v. U.S. Postal Service, -- F.3d --, -- USPQ2d --, slip op. at 32 (Fed. Cir. August 28, 2017);
v. Presenting offers and gathering statistics, OIP Techs., 788 F.3d at 1362-63, 115 USPQ2d at 1092-93;
vi. Determining an estimated outcome and setting a price, OIP Techs., 788 F.3d at 1362-63, 115 USPQ2d at 1092-93; and
vii. Arranging a hierarchy of groups, sorting information, eliminating less restrictive pricing information and determining the price, Versata Dev. Group, Inc. v. SAP Am., Inc., 793 F.3d 1306, 1331, 115 USPQ2d 1681, 1699 (Fed. Cir. 2015).
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.
Claims 1-9 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claims are directed to a device comprising units which according to the specification can be merely software (see at least paragraphs [0075-0079, 0090]). Software per se do not fall within at least one of the four categories of patent eligible subject matter and therefore the claims are directed to non-statutory subject matter.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-9 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Hakim et al (US 2008/0114499).
As per claim 1, Hakim et al teach a control device that controls a storage battery configured to supply power to a load, the control device comprising:
an acquisition unit configured to acquire momentary power value information indicating power consumption (see at least paragraph [0031-0033; measuring electrical usage); and
a control unit configured to perform power control on the storage battery continuously over a prescribed time based on the momentary power value information and reduce a power usage in a commercial power supply (see at least paragraphs [0001, 0009, 0030, 0032]; control of electrical energy by load shifting to reduce energy costs).
As per claim 2, Hakim et al teach wherein the control unit is configured to perform control of discharging the storage battery for a prescribed time in a case where the momentary power value information is equal to or greater than a discharging threshold (see at least paragraph [0027]).
As per claim 3, Hakim et al teach wherein the control unit is configured to end discharging control before the prescribed time elapses when a measurement unit time for average power usage measurement is reached (see at least paragraph [0009]).
As per claim 4, Hakim et al teach wherein the prescribed time is set to be variable according to a use state of the load (see at least abstract, figs 1-2).
As per claim 5, Hakim et al teach wherein the use state is based on a state at a start time of a measurement unit time for average power usage measurement (see at least paragraphs [0069, 0072, 0075]).
As per claim 6, Hakim et al teach wherein the control unit is configured to perform control of charging the storage battery in a case where a battery capacity of the storage battery is equal to or less than a prescribed value and a charging period determined in advance is reached (see at least paragraphs [0075, 0093, 0100]).
As per claim 7, Hakim et al teach wherein the control unit is configured to end charging to the storage battery in a case where the battery capacity of the storage battery exceeds a discharging threshold determined in advance (see at least paragraphs [0093, 0100]).
As per claim 8, Hakim et al teach wherein the control device is configured to perform control for supplying power from a solar power generator to the storage battery or the load, and the control unit is configured to perform control to supply power generated in the solar power generator to the load or the storage battery, based on the momentary power value information (see at least paragraphs [0007, 0025]).
As per claim 9, Hakim et al teach wherein the acquisition unit acquires momentary power value information from a smart meter (see at least paragraphs [0033, 0084).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Ramsey Refai whose telephone number is (313)446-4867. The examiner can normally be reached M-F 9am-5pm EST.
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RAMSEY REFAI
Primary Examiner
Art Unit 3664
/RAMSEY REFAI/Primary Examiner, Art Unit 3664
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