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 Objections
Claim 7 objected to because of the following informalities:
Re claim 7, the first line should be amended: “…including [[an]] a first unit” to correct grammar.
Appropriate correction is required.
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 13 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 it is directed to a computer program, i.e. a product that does not have physical or tangible form (see MPEP: 2106.03, I; note also that storage media must be specified as “non-transitory”). It is recommended the claim preamble be amended such that it recites statutory subject matter, such as: “A non-transitory computer-readable storage medium storing a computer program thereon,” or similar recitation. Appropriate correction is required. For purposes of examination the claim will be examined as if the recommended amendment is applied.
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.
Claim(s) 1, 7, 14-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Huang (US2019/0052120).
Re claim 1. Huang teaches an air conditioning system (see Huang: Figs. 1-2, 3-15) comprising:
a first unit (air conditioning unit <10>) including a compressor (see Huang: [0041], [0046], Figs. 1-2 regarding air conditioning unit having “air conditioning compressor” as labeled in Fig. 2);
a controller (energy scheduling and management device <15>, see Huang: [0042], [0058], Figs. 1-2); and
one or more auxiliary DC power sources (photovoltaic power generation device <11>, see Huang: [0041], [0043], [0046], [0049], Figs. 1-2);
wherein the controller is configured to determine whether the one or more auxiliary DC power sources is producing excess power beyond a load of the first unit (see Huang: [0042], [0050], [0057-0059], [0067-0068], Figs. 2-3, 12-13 regarding management device monitoring pv power generation and air conditioner power usage to determine if PV generation is at or less than air conditioner power requirement);
wherein when the one or more auxiliary DC power sources is not producing excess power beyond the load of the first unit, the controller supplies all power from the one or more auxiliary DC power sources to the first unit (see Huang: [0042], [0050], [0057-0059], [0067-0068], Figs. 2-3, 12-13 regarding operation when PV generation is at or less than air conditioner power requirement to supply all power from PV source to air conditioner). See Huang: [0041-0053], [0056-0073], Figs. 1-15.
Re claim 7, the claim recites a method of operating an air condition system comprising essentially the same components operated in the same manner as recited in claim 1, and therefore is rejected by the same reasoning applied above.
Re claim 14. Huang teaches an air conditioning system (see Huang: Figs. 1-2, 3-15) comprising:
a first unit (air conditioning unit <10>) including a compressor (see Huang: [0041], [0046], Figs. 1-2 regarding air conditioning unit having “air conditioning compressor” as labeled in Fig. 2);
a controller (energy scheduling and management device <15>, see Huang: [0042], [0058], Figs. 1-2);
one or more auxiliary DC power sources (photovoltaic power generation device <11>, see Huang: [0041], [0043], [0046], [0049], Figs. 1-2);
a connection to an AC power grid (connecting lines to public power grid <13>, see Huang: [0046], [0052-0053], Fig. 2);
an energy storage device (energy storage device <12>, see Huang: [0050], [0052], Figs. 1-2);
a DC load (DC/AC converter <102>, see Huang: [0048-0049], Fig. 2 regarding converter <102> drawing DC power from DC bus to supply air conditioner, i.e. functioning as DC load; note the claim does not require any further details of structure/connection of the DC load);
wherein the controller is configured to dynamically distribute power from the one or more auxiliary DC power sources to one or more of the AC power grid, the energy storage device and the DC load in response to one or more conditions (see Huang: [0042], [0050], [0057-0059], [0065-0068], Figs. 2-3, 12-13 regarding dynamic control of power from the PV generation to the grid or energy storage based on power generation/demand and whether the energy storage has sufficient or insufficient power). See Huang: [0041-0053], [0056-0073], Figs. 1-15. See also discussion of claims 4-6 below for discussion of obviousness of specific DC loads or their operation.
Re claim 15. Huang teaches the air conditioning system of claim 14 wherein the one or more conditions includes one or more of state of charge of the energy storage device, current weather, predicted weather and cost of power from the AC power grid (see Huang: [0042], [0050], [0057-0059], [0065-0068], Figs. 2-3, 12-13 regarding dynamic control of power from the PV generation to the grid or energy storage based on whether the energy storage has sufficient or insufficient power, i.e. state of charge of the energy storage device).
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.
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.
Claim(s) 2, 8, 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huang (US2019/0052120).
Re claim 2. Huang teaches the air conditioning system of claim 1, further comprising an energy storage device (energy storage device <12>, see Huang: [0050], [0052], Figs. 1-2); wherein when the one or more auxiliary DC power sources is producing excess power beyond the load of the first unit, the controller determines if the energy storage device has a charge above a threshold; wherein when the energy storage device does not have the charge above the threshold, the controller supplies the excess power to the energy storage device (see Huang: [0042], [0050], [0058-0059], [0060-0061], [0065-0066], Figs. 2, 4-5, 9-10, regarding when photovoltaic power is producing more power than required by air conditioner, charging energy storage device if determined that energy storage device has insufficient power). Huang discloses the control is based on determination that the energy storage device has “sufficient” or “insufficient” power, which implies some form of charge threshold. Additionally, Official Notice is hereby taken that it is very well known in the art of energy storage device/battery systems that determination of battery being charged and able to still be charged may be electronically determined by a charge threshold. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify or implement the system of Huang such that the control determination is specifically made using a charge threshold as implied by Huang and well-known in the art for purposes of providing known means for predictably allowing the system to make electronic determination of whether the energy storage device is in a state where it can be further charged or if it is fully charged and should not be further charged.
Re claim 8, the further recited limitations essentially correspond to the limitations recited in claim 2, and are therefore rejected by the same reasoning applied above.
Re claim 13, the claim recites a computer program on computer-readable storage medium with instructions for processor (see rejection under 35 USC 101 above) for controlling an air conditioning system having essentially the same components operated in the same manner as recited in claim 1. As discussed with respect to claim 1 above, Huang discloses the air conditioning system components and operations, but does not explicitly disclose the controller being implemented as a processor executing computer program instructions stored on non-transitory computer-readable storage medium. Official Notice is hereby taken that it is very well-known in the art of electronic control systems for a controller as disclosed by Huang to be specifically implemented using known controller hardware/software such as a processor executing computer program instructions stored on non-transitory computer-readable storage medium. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Huang by implementing/substituting the controller of Huang with known electronic means such as a processor executing computer program instructions stored on non-transitory computer-readable storage medium for purposes of providing known, equivalent electronic control means for monitoring and controlling electronic components of the system in the manner disclosed.
Claim(s) 3-4, 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huang (US2019/0052120) in view of DiFilippi (US2023/0155412).
Re claim 3. Huang teaches the air conditioning system of claim 2, further comprising a connection to an AC power grid (connecting lines to public power grid <13>, see Huang: [0046], [0052-0053], Fig. 2); wherein when the one or more auxiliary DC power sources is producing excess power beyond the load of the first unit and the energy storage device has the charge above the threshold; wherein when export of the excess energy to the AC power grid is permitted, the controller supplies the excess power to the AC power grid (see Huang: [0042], [0050], [0058-0059], [0060-0061], [0065-0066], Figs. 2, 4-5, 9-10, regarding when photovoltaic power is producing more power than required by air conditioner, exporting power to public power grid if determined that energy storage device has sufficient power/above threshold; see discussion of claim 2 regarding obviousness of charge threshold for insufficient/sufficient power).
Although Huang discloses ability to export to the AC power grid, Huang does not explicitly discuss the controller determines if export of the excess energy to the AC power grid is permitted. DiFilippi, however, teaches that it is known in the art of renewable power source with energy storage and power-grid tied systems having capability of storing excess power in energy storage or exporting to grid for the system to include operations to determine if export of the excess energy to the AC power grid is permitted before exporting to the grid (see DiFilippi: [0057], [0061], [0071], Figs. 13, 16, 22-23 regarding when fuel cell/renewable source producing more power than required by main load, including determination to check whether grid is available to export excess power to or deciding if should instead go to another component such as a mechanical load/load bank). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Huang to incorporate the teachings of DiFilippi by having the controller including step of checking if grid export is permitted for purposes of enabling the system to operate with grid system that may not always be available or permit grid export and ensure the excess power is only diverted to an available component (see DiFilippi: [0044], [0061], [0071], Figs. 16, 23).
Re claim 4. Huang in view of DiFilippi teaches the air conditioning system of claim 3. DiFilippi further teaches it is known in the art of renewable power source with energy storage and power-grid tied systems having capability of storing excess power in energy storage or exporting to grid for the system to include operations for the system to further include a DC load that may be controlled to absorb excess power (see DiFilippi: [0059], Fig. 14 regarding mechanical load connected by DC/DC converter able to absorb excess power) and wherein when the controller determines export of the excess energy to the AC power grid is not permitted, the controller supplies the excess power to the DC load (see DiFilippi: [0057], [0061], [0071], Figs. 14, 16, 22-23 regarding when fuel cell/renewable source producing more power than required by main load and grid is unavailable to export power, providing excess power to mechanical load/load bank as next priority after grid export). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the system of Huang in view of DiFillipi to incorporate the teachings of DiFilippi by including DC load as component for absorbing excess power if grid export unavailable as recited for purposes of providing known means to predictably enable the system to effectively use excess power in another component when power grid export is not an option and according to the user’s desired energy flow priorities (see DiFilippi: [0057], [0059], [0061], [0071], Figs. 14, 16, 22-23). Note the combination reasonably suggests priority of diverting excess power to battery and then grid as taught by Huang and suggested by DiFilippi, with the DC load then being the next priority after the grid as suggested by DiFilippi.
Re claims 9-10, the further recited limitations essentially correspond to the limitations recited in claims 3-4, respectively, and are therefore rejected by the same reasoning applied above.
Claim(s) 5-6, 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huang (US2019/0052120) in view of DiFilippi (US2023/0155412), as applied respectively above, further in view of Daniels (US2013/0043724).
Re claims 5-6. Huang in view of DiFilippi teaches the air conditioning system of claim 4, and although generally suggests the DC load may be some kind of mechanical load (see DiFilippi: [0059]), does not explicitly give example of DC load being one of the recited air conditioning components. Daniels, however, teaches that it is known in the art of renewable energy powered air conditioning systems for the loads of the system to comprise a DC load in addition to the compressor which comprises a component of the air conditioning system; wherein the DC load includes at least one of a strip heater for a fan coil, a heater for a hot water tank, a geothermal pump and an indoor fan (see Daniels: [0038-0039], Figs. 1, 6 regarding DC powered HVAC system including a building circulation fan, i.e. indoor fan, generally able to be operated to consume excess power if desired). One of ordinary skill in the art would appreciate that Daniels suggests a known HVAC system DC load that is capable of being operated to consume excess solar power. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Huang in view of DiFilippi to further incorporate the teachings of Daniels by having the DC load operated to consume excess power specifically be a building circulation fan of the air conditioning system for purposes of providing a known DC load capable of equivalently and predictably being operated as a controllable load for absorbing excess generated power (see Daniels: [0038-0039]; DiFilippi: [0057], [0059], [0061], [0071], Figs. 14, 16, 22-23). Note the combination reasonably suggests priority of diverting excess power to battery and then grid as taught by Huang and suggested by DiFilippi, with the DC load/fan then being the next priority after the grid as suggested by DiFilippi.
Re claims 11-12, the further recited limitations essentially correspond to the limitations recited in claims 5-6, respectively, and are therefore rejected by the same reasoning applied above.
Conclusion
In summary, it is recommended Applicant consider the cited prior art of record which suggests that use of renewable energy to power an air conditioning system is known in the art, and that diverting excess renewable energy among various components of the system including energy storage, grid export, and additional loads, according to desired priority is also known in the art. At present, it is not apparent what features of the disclosure would be considered distinguished and nonobvious from the prior art. If Applicant believes particular combination of specific components, their arrangement, and operation of the system would be nonobvious, then it is recommended the claims be amended to explicitly and clearly recite the corresponding features with explanation of nonobviousness.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID A SHIAO whose telephone number is (571)270-7265. The examiner can normally be reached Mon-Fri: 8:30AM-5:00PM.
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, Rexford Barnie can be reached at (571) 272-7492. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/DAVID A SHIAO/Examiner, Art Unit 2836
/DANIEL CAVALLARI/Primary Examiner, Art Unit 2836