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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1, 9, 12, 19, 20, 22, 23 and 31 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 3-6 of U.S. Patent No. 12,094,013. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the instant application are an obvious variation of the patented claims.
Instant Application
U.S. Patent 12,094,013
1. A method of distributed energy generation from a plurality of generators, the method comprising: applying a forward looking matching algorithm to determine a matching matrix with elements mij denoting a fraction of generator i's predicted supply assigned to respective load j of a plurality of loads such that a probability of meeting each load's associated power demand characteristic in a next supply cycle satisfies a threshold criterion.
1. An operation method for distributed generation from a plurality of generators, the method comprising the steps. of: determining, using a forward looking matching algorithm, a matching matrix with elements m.sub.ij denoting the fraction of generator i's predicted supply assigned to respective load j of a plurality of loads such that a probability of meeting each load's associated power demand characteristic in a next supply cycle satisfies a threshold criterion…
9. The method of claim 1, further comprising: sequentially admitting one or more additional loads having respective associated power demand characteristics if a surplus of the distributed energy generation is determined in satisfying the threshold criterion, wherein sequentially admitting the one or more additional loads comprises repeating application of the matching algorithm taking into account the respective one or more additional loads and admitting a last added load unless a shortfall of the distributed energy generation is determined from application of the matching algorithm based on the last added load.
3. …the processing unit is further configured for sequentially admitting one or more additional loads having respective associated power demand characteristics when a surplus of the distributed energy generation is determined while satisfying the threshold criterion, wherein the processing unit is further configured for adding one or more additional generators and repeating application of the matching algorithm… 5. …sequentially admitting the one or more additional loads comprises repeating application of the matching algorithm taking into account the respective additional loads and admitting a last added load unless a shortfall of the distributed energy generation is determined from applying of the matching algorithm based on the last added load.
12. The method of claim 1, wherein: the loads comprise different sets of one or more loads each, the loads of each set having at least one load characteristic in common; the different sets of loads have different associated priorities; and a first set comprises one or more loads having a predetermined percentage of their power demand to be supplied from the plurality of generators.
3. …the loads comprise different sets of one or more loads each, the loads of each set having at least one load characteristic in common; a first set comprises one or more loads having a predetermined percentage of their power demand to be supplied from the plurality of generators;
4. The system of claim 3, where the different sets of loads have different associated priorities, and the processing unit is configured for applying the forward looking matching algorithm taking into account the different priorities and/or for sequentially admitting one or more additional loads taking into account the different priorities.
19. A method for operating distributed energy generation from a plurality of generators to a plurality of loads, the method comprising: applying a forward looking matching algorithm such that a probability of meeting each load's associated power demand characteristic satisfies a threshold criterion; and sequentially admitting one or more additional loads having respective associated power demand characteristics if a surplus of the distributed energy generation is determined while satisfying the threshold criterion.
3. An operation system for distributed generation from a plurality of generators, the system comprising a processing unit configured for applying a forward looking matching algorithm, wherein the algorithm is configured to determine a matching matrix with elements m.sub.ij denoting a fraction of generator i's predicted supply assigned to respective load i of a plurality of loads such that a probability of meeting each load's associated power demand characteristic in a next supply cycle satisfies a threshold criterion, and wherein a probability of meeting an associated power demand characteristic of each one of a plurality of loads satisfies the threshold criterion, and the processing unit is further configured for sequentially admitting one or more additional loads having respective associated power demand characteristics when a surplus of the distributed energy generation is determined while satisfying the threshold criterion…
20. The method of claim 19, wherein sequentially admitting the one or more additional loads comprises repeating application of the matching algorithm taking into account the respective additional loads and admitting a last added load unless a shortfall of the distributed energy generation is determined from applying of the matching algorithm based on the last added load.
5. The system of claim 3, wherein sequentially admitting the one or more additional loads comprises repeating application of the matching algorithm taking into account the respective additional loads and admitting a last added load unless a shortfall of the distributed energy generation is determined from applying of the matching algorithm based on the last added load.
22. The method of claim 1, further comprising: receiving power from generators 1 through i, wherein the generators 1 through i comprises solar electricity generators; and measuring electrical production from the solar electricity generators through irradiation measurement.
6. The system of claim 3, wherein the generators comprise solar electricity generators and electrical production from the solar electricity generators is determined and measured through irradiation measurement means for eliminating or removing of an electrical measurement apparatus for measuring electrical production from the solar electricity generators.
23. A system for distributed energy generation from a plurality of generators, the system comprising: a processing unit configured for applying a forward looking matching algorithm to determine a matching matrix with elements mi, denoting a fraction of generator i's predicted supply assigned to respective load j of a plurality of loads such that a probability, a, of meeting each load's associated power demand characteristic in a next supply cycle satisfies a threshold criterion.
3. An operation system for distributed generation from a plurality of generators, the system comprising a processing unit configured for applying a forward looking matching algorithm, wherein the algorithm is configured to determine a matching matrix with elements m.sub.ij denoting a fraction of generator i's predicted supply assigned to respective load i of a plurality of loads such that a probability of meeting each load's associated power demand characteristic in a next supply cycle satisfies a threshold criterion…
31. The system of claim 23, wherein the processing unit is further configured for sequentially admitting one or more additional loads having respective associated power demand characteristics if a surplus of the distributed energy generation is determined in satisfying the threshold criterion.
3. An operation system for distributed generation from a plurality of generators, the system comprising… admitting one or more additional loads having respective associated power demand characteristics when a surplus of the distributed energy generation is determined while satisfying the threshold criterion
Claim Rejections - 35 USC § 112
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 2-4, 7 and 24-29 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.
Claims 2 and 24 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential elements, such omission amounting to a gap between the elements. See MPEP § 2172.01. The omitted elements are: it is not clear how the chance constraint is “implemented” in the elements of the independent claim.
Claims 3 and 25 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential elements, such omission amounting to a gap between the elements. See MPEP § 2172.01. The omitted elements are: it is not clear how the solar electricity generators are “implemented” in the elements of the independent claim.
Regarding claims 4 and 26, the phrases "such as" and “preferably” renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claims 7 and 29 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential elements, such omission amounting to a gap between the elements. See MPEP § 2172.01. The omitted elements are: it is not clear how the solar electricity generators are “implemented” in the elements of the independent claim.
Claim 27 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential elements, such omission amounting to a gap between the elements. See MPEP § 2172.01. The omitted elements are: it is not clear how the solar electricity generators are “implemented” in the elements of the independent claim.
Claim 28 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential elements, such omission amounting to a gap between the elements. See MPEP § 2172.01. The omitted elements are: it is not clear how the chance constraint is “implemented” in the elements of the independent claim.
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.
Claim(s) 1, 8, 9, 12, 19, 20, 22, 30 and 31 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kamel et al. U.S. 2016/0033986 (hereinafter “Kamel”).
Regarding claims 1 and 23, Kamel discloses a method of distributed energy generation from a plurality of generators (e.g. PV Panels), the method comprising: applying a forward looking matching algorithm to determine a matching matrix with elements mij denoting a fraction of generator i's predicted supply (e.g. forecasted energy resources) assigned to respective load j of a plurality of loads (e.g. facility/load among a plurality of facilities) such that a probability of meeting each load's associated power demand characteristic in a next supply cycle satisfies a threshold criterion (e.g. ¶48-50, 91-97; Fig. 1-2, wherein the matching of forecasted output and forecasted needs satisfies the condition of meeting power needs).
Regarding claims 8 and 30, Kamel discloses the method of claim 1, further comprising optimizing the determination of the matching matrix such that a predicted surplus energy (e.g. excess energy) generated by the plurality of generators not assigned to a load is maximized (e.g. ¶65-66, 69, 76, 82, 91 and 97).
Regarding claims 9 and 20, Kamel discloses the method of claim 1, further comprising: sequentially admitting one or more additional loads having respective associated power demand characteristics if a surplus of the distributed energy generation is determined in satisfying the threshold criterion, wherein sequentially admitting the one or more additional loads comprises repeating application of the matching algorithm taking into account the respective one or more additional loads and admitting a last added load unless a shortfall of the distributed energy generation is determined from application of the matching algorithm based on the last added load (e.g. ¶65-66, 69, 76, 82, 91 and 97).
Regarding claim 12, Kamel discloses the method of claim 1, wherein: the loads comprise different sets of one or more loads each, the loads of each set having at least one load characteristic in common (e.g. ¶48-50, 91-97; Fig. 1-2); the different sets of loads have different associated priorities (e.g. essential/non-essential) (e.g. ¶65-66, 69, 76, 82, 91 and 97); and a first set comprises one or more loads having a predetermined percentage of their power demand to be supplied from the plurality of generators (e.g. ¶83).
Regarding claim 19, Kamel discloses a method for operating distributed energy generation from a plurality of generators to a plurality of loads, the method comprising: applying a forward looking matching algorithm such that a probability of meeting each load's associated power demand characteristic satisfies a threshold criterion (e.g. ¶48-50, 91-97; Fig. 1-2); and sequentially admitting one or more additional loads having respective associated power demand characteristics if a surplus (e.g. excess energy) of the distributed energy generation is determined while satisfying the threshold criterion (e.g. ¶65-66, 69, 76, 82, 91 and 97).
Regarding claim 22, Kamel discloses the method of claim 1, further comprising: receiving power from generators 1 through i, wherein the generators 1 through i comprises solar electricity generators (e.g. ¶48-50, 91-97; Fig. 1-2); and measuring electrical production from the solar electricity generators through irradiation measurement (e.g. ¶65-66, 69, 76, 82, 91 and 97).
Regarding claim 31, Kamel discloses the system of claim 23, wherein the processing unit is further configured for sequentially admitting one or more additional loads having respective associated power demand characteristics if a surplus of the distributed energy generation is determined in satisfying the threshold criterion (e.g. ¶65-66, 69, 76, 82, 91 and 97).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLES R KASENGE whose telephone number is (571)272-3743. The examiner can normally be reached Monday - Friday 7:30am to 4pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kenneth Lo can be reached at (571) 272-9774. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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CK
August 20, 2026
/CHARLES R KASENGE/Primary Examiner, Art Unit 2116
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