DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
The amendments were filed 11/24/2025. Claims 1-20 are pending where claims 1-20 were previously presented.
Claim Objections
Claim 7 is objected to because of the following informalities: Claim 7 was amended to recite “wherein the the group trend report includes…” where one of the two “the” words should be deleted. Appropriate correction is required.
35 USC § 112
The applicant amended the claims to address the 35 USC 112 rejections. In view of the amendments, the respective 35 USC 112 rejections have been withdrawn.
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 1-11 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.
Claim 1 was amended to recite “wherein the action comprises automatically aggregating, by the server, the first and second timestamped measurement data…” in the body of the claim. However, “the action” is recited in the same limitation clause as “initiating an action to the first virtual group, where the action is performed by each utility meter in the first virtual group”. In other words, the new limitation indicates that “the action” that the utility meters of the virtual group perform is causing the sever to perform aggregation multiple times, once for ‘each’ utility meter in the virtual group. Although this interpretation raises other potential issues including how the utility meters cause the server to perform the aggregation action. The Examiner does note that the claims differentiate between servers and utility meters. Other interpretations include the action relating to each utility meter sending its data to the server where, as a supplemental action, the server aggregates the received data. As such, due to ambiguity as to what “the action” is with respect to what devices are performing it and if the server’s action is the same as the action of the utility meters of the first virtual group, the respective claim limitation is indefinite. For purposes of compact prosecution, the Examiner is construing the actions as a set of actions that include the meters report/transmitting their data to the server that performs the aggregation action.
Claims 2-11 depend upon claim 1 and inherit the same deficiencies as claim 1 as discussed above and are rejected for similar reasons as discussed above.
Claim 11 recites the limitation "the meter-group hierarchy" in the body of the claim. There is insufficient antecedent basis for this limitation in the claim. There is no previous recitation of any ‘meter-group hierarchy’; therefore, for purposes of compact prosecution, the Examiner is construing the phrase as “a meter-group hierarchy’.
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 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
With regard to claim 1:
Step 2A, Prong One:
The claim recites the following limitations which are drawn towards an abstract idea:
A method of monitoring and storing data of utility meters comprising: assigning a first virtual number to the first utility meter
organizing the first utility meter into a first virtual group; organizing the second utility meter into the first virtual group (recites mental process steps of evaluating and associating an item with a group/team);
and initiating an action to the first virtual group, where the action is performed by each utility meter in the first virtual group wherein the action comprises automatically aggregating, by the server, the first and second timestamped measure data to generate a group trend report (recites mental process steps of doing some calculation, per the broadest reasonable interpretation from paragraph [0220], includes an action of totaling or summing values together which relate to mental steps involving mathematics).
As seen from above, the identified limitations recite concepts associated with an abstract idea and thus the respective claim recites a judicial exception (see 2106.04(a)) and thus requires further analysis as discussed below.
Step 2A, Prong Two:
The following limitations have been identified as being additional elements as discussed below.
connecting to a first utility meter over a network (recites insignificant extrasolution activity of sending/receiving information over a network, see MPEP 2106.05(g)), the first utility meter including a first sensor for measuring a parameter of a utility grid and a first communication device for communicating over the network, wherein the first sensor provides first sampled electrical data to a digital processor that stores first timestamped measurement data in non-transitory memory within the first utility meter (recites usage of a computerized environment and a computer tool to collect and send data in order to implement the judicial exception, see MPEP 2106.05(f));
“
connecting to a second utility meter over a network (recites insignificant extrasolution activity of sending/receiving information over a network, see MPEP 2106.05(g)), the second utility meter including a second sensor for measuring the parameter of the utility grid and a second communication device for communicating over the network, wherein the second sensor provides first sampled electrical data to a digital processor that stores second timestamped measurement data in non-transitory memory within the second utility meter (recites usage of a computerized environment and a computer tool to collect/store and send data in order to implement the judicial exception, see MPEP 2106.05(f));
“
the group trend report being stored in a relational database (recites insignificant extrasolution activity of storing information in memory, see MPEP 2106.05(g)) and provided to multiple client devices via an interactive graphical user interface (recites insignificant extrasolution activity of transmitting information over a network, see MPEP 2106.05(g)).
As seen from the above discussion, the identified limitations did not integrate the judicial exception into a practical application (see MPEP 2106.04(d)). This judicial exception is not integrated into a practical application because the additional elements recite generic computer elements comprising generic computer hardware to collect and send information over a network as well as store information into memory.
Step 2B:
Below is the analysis of the claims:
connecting to a first utility meter over a network (recites well-understood, routine, and conventional activity of sending/receiving information over a network, see MPEP 2106.05(d)), the first utility meter including a first sensor for measuring a parameter of a utility grid and a first communication device for communicating over the network, wherein the first sensor provides first sampled electrical data to a digital processor that stores first timestamped measurement data in non-transitory memory within the first utility meter (recites usage of a computerized environment and a computer tool to collect and send data in order to implement the judicial exception, see MPEP 2106.05(f));
“
connecting to a second utility meter over a network (recites well-understood, routine, and conventional activity of sending/receiving information over a network, see MPEP 2106.05(d)), the second utility meter including a second sensor for measuring the parameter of the utility grid and a second communication device for communicating over the network, wherein the second sensor provides first sampled electrical data to a digital processor that stores second timestamped measurement data in non-transitory memory within the second utility meter (recites usage of a computerized environment and a computer tool to collect and send data in order to implement the judicial exception, see MPEP 2106.05(f));
“
the group trend report being stored in a relational database (recites well-understood, routine, and conventional activity of storing information in memory, see MPEP 2106.05(d)) and provided to multiple client devices via an interactive graphical user interface (recites well-understood, routine, and conventional activity of transmitting information over a network, see MPEP 2106.05(d)).
As seen from above, the respective claim elements taken individually do not amount to significantly more than the judicial exception. When taken as a whole (in combination), the claim also does not amount to significantly more than the abstract idea because the additional elements recite generic computer elements comprising generic computer hardware to collect and send information over a network as well as store information in memory.
With regard to claim 2, this claim recites wherein the first utility meter includes a serial number (recites field of use limitations describing information associated with a device, see MPEP 2106.05(h)) and further comprising associating the serial number with the first virtual number (recites mental process steps of mentally evaluating and associating a device via their serial number or portions thereof with another identifier such as nickname or label).
With regard to claim 3, this claim recites assigning a third virtual number to the first utility meter (see recites mental process steps of evaluating and judgement steps of assigning a label/tag/nickname to represent other items similar to how an individual can assign a virtual number or identifier where multiple labels can be assigned to an entity/item).
With regard to claim 4, this claim recites wherein the first virtual number is associated with a first channel of the first meter and the third virtual number is associated with a second channel of the first meter (recites field of use limitations describing the intended device parameters/variables that are being collected and their respective associations, see MPEP 2106.05(h)).
With regard to claim 5, this claim recites wherein the first channel is associated with a first room in a building and the second channel is associated with a second room in the building (recites field of use limitations describing the intended physical location of the computing/measuring device and the relationship between different device parameters, see MPEP 2106.05(h)).
With regard to claim 6, this claim recites wherein aggregating the first and second timestamped measurement data including applying a combination function to create a new data set (recites mental process steps of aggregating/totaling values together using math).
With regard to claim 7, this claim recites wherein the group trend report includes a electrical energy usage per square foot value (recites field of use limitation describing a particular parameter/variable that the data is meant to represent and for what the particular calculations are meant to determine, see MPEP 2106.05(h)).
With regard to claim 8, this claim recites assigning a third virtual number to a third utility meter, assigning a fourth virtual number to a fourth utility meter (recites mental process steps of evaluating and judgement steps of assigning a label/tag/nickname to represent other items similar to how an individual can assign a virtual number or identifier),
and organizing the third utility meter and the fourth utility meter into a second virtual group (recites mental process steps of evaluating and associating an item with a group/team).
With regard to claim 9, this claim recites wherein the second virtual group is a sub-group of the first virtual group (recites mental process steps of determining a hierarchy of groups/relationships between entities/items including sub-groups of a bigger group).
With regard to claim 10, this claim recites modifying settings for groups of utility meters via the user interface (recites insignificant extrasolution activity of transmitting information such as reassigning meters to different groups which amounts to well-understood, routine, and conventional activity of transmitting information over a network, see MPEP 2106.05(d)).
With regard to claim 11, this claim recites wherein the interactive graphical user interface that depicts the meter-group hierarchy as a tree graph (recites field of use limitations describing a data organization structure for presenting the information to a user, see MPEP 2106.05(f)).
With regard to claim 12:
Step 2A, Prong One:
The claim recites the following limitations which are drawn towards an abstract idea:
A method of monitoring and storing data of utility meters comprising: assigning a first virtual number to the first utility meter
and assigning, via the user interface, the first virtual number to a first virtual group and the second virtual number to a second virtual group (recites mental process steps of evaluating and assigning a group name or category/cluster such as how someone can group items together based on some criteria like friends into groups (work group, high-school, college, league group, et cetera) other nicknames/labels can be assigned to respective categorical groups too).
As seen from above, the identified limitations recite concepts associated with an abstract idea and thus the respective claim recites a judicial exception (see 2106.04(a)) and thus requires further analysis as discussed below.
Step 2A, Prong Two:
The following limitations have been identified as being additional elements as discussed below.
connecting to a first utility meter over a network (recites insignificant extrasolution activity of sending/receiving information over a network, see MPEP 2106.05(g)),
the first utility meter including a first sensor for measuring a parameter of a utility grid, a second sensor for measuring a parameter of the utility grid, and a first communication device for communicating over the network, wherein the first sensor is associated with a first channel and the second sensor is associated with a second channel (recites usage of a computerized environment for generic computer/hardware such as a utility meter with sensors to collect data, see MPEP 2106.05(f)),
wherein the each of the first sensor and second sensor provides sampled electrical data to a digital processor that stores timestamped measurement data in non-transitory memory within the first utility meter, the first and second sensors respectively associated with a first channel and a second channel (recites usage of a computerized environment and a computer tool to collect/store and send data in order to implement the judicial exception, see MPEP 2106.05(f));
“level functionality which amounts to apply it limitations of using the computer as a tool to implement the abstract idea, see MPEP 2106.05(f)) and storing first assignment data associated with the first virtual number in a centralized database that is accessible to a plurality of client devices over the network (recites insignificant extrasolution activity of storing information in memory, see MPEP 2106.05(g)),
wherein the first virtual number is associated with the first channel (recites field of use limitations describing the intended device parameters/variables that are being collected and their respective associations, see MPEP 2106.05(h));
“
wherein the second virtual number is associated with the second channel (recites field of use limitations describing the intended device parameters/variables that are being collected and their respective associations, see MPEP 2106.05(h)).
As seen from the above discussion, the identified limitations did not integrate the judicial exception into a practical application (see MPEP 2106.04(d)). This judicial exception is not integrated into a practical application because the additional elements recite generic computer elements comprising generic computer hardware to collect and send information over a network.
Step 2B:
Below is the analysis of the claims:
connecting to a first utility meter over a network (recites well-understood, routine, and conventional activity of sending/receiving information over a network, see MPEP 2106.05(d)),
the first utility meter including a first sensor for measuring a parameter of a utility grid, a second sensor for measuring a parameter of the utility grid, and a first communication device for communicating over the network, wherein the first sensor is associated with a first channel and the second sensor is associated with a second channel (recites usage of a computerized environment for generic computer/hardware such as a utility meter with sensors to collect data, see MPEP 2106.05(f)).
wherein the each of the first sensor and second sensor provides sampled electrical data to a digital processor that stores timestamped measurement data in non-transitory memory within the first utility meter, the first and second sensors respectively associated with a first channel and a second channel (recites usage of a computerized environment and a computer tool to collect/store and send data in order to implement the judicial exception, see MPEP 2106.05(f));
“plurality of client devices over the network (recites well-understood, routine, and conventional activity of storing information in memory, see MPEP 2106.05(d)),
wherein the first virtual number is associated with the first channel (recites field of use limitations describing the intended device parameters/variables that are being collected and their respective associations, see MPEP 2106.05(h));
“
wherein the second virtual number is associated with the second channel (recites field of use limitations describing the intended device parameters/variables that are being collected and their respective associations, see MPEP 2106.05(h)).
As seen from above, the respective claim elements taken individually do not amount to significantly more than the judicial exception. When taken as a whole (in combination), the claim also does not amount to significantly more than the abstract idea because the additional elements recite generic computer elements comprising generic computer hardware to collect and send information over a network.
With regard to claim 13, this claim recites wherein the first channel is associated with a first room in a building and the second channel is associated with a second room in the building (recites field of use limitations describing the intended physical location of the computing/measuring device and the relationship between different device parameters, see MPEP 2106.05(h)).
With regard to claim 14, this claim recites wherein the first parameter is a first current reading and the second parameter is a second current reading (recites field of use limitations describing the intended meaning of the data that is to be collected/monitored, see MPEP 2106.05(h)).
With regard to claim 15, this claim recites wherein the first utility meter includes a serial number (recites field of use limitations describing information associated with a device, see MPEP 2106.05(h)) and further comprising associating the serial number with the first virtual number (recites mental process steps of mentally evaluating and associating a device via their serial number or portions thereof with another identifier such as nickname or label).
With regard to claim 16, this claim recites assigning the first virtual number to a first virtual group and assigning the second virtual number to a second virtual group (recites mental process steps of evaluating and judgement steps of assigning a label/tag/nickname to represent other items similar to how an individual can assign a virtual number or identifier) includes organizing visual representations presented in an interactive hierarchical graphical tree interface (recites insignificant extrasolution activity of transmitting/outputting information which amounts to well-understood, routine, and conventional activity of transmitting/outputting information to an interface, see MPEP 2106.05(d)).
With regard to claim 17, this claim recites initiating an action to the first virtual group (recites mental process steps of doing some calculation, per the broadest reasonable interpretation from paragraph [0220], includes an action of totaling or summing values together which relate to mental steps involving mathematics), where the action is performed by each utility meter in the first virtual group (recites merely using a computerized tool to perform the judicial exception, see MPEP 2106.05(f)).
With regard to claim 18, this claim recites wherein the action includes aggregating meter data (recites mental process steps of aggregating/totaling values together using math).
With regard to claim 19, this claim recites wherein the action includes initiating a reporting function (recites insignificant extrasolution activity of transmitting information over a network which amounts to well-understood, routine, and conventional activity of transmitting information over a network, see MPEP 2106.05(d)).
With regard to claim 20, this claim recites wherein the second virtual group is a sub-group of the first group (recites mental process steps of determining a hierarchy of groups/relationships between entities/items including sub-groups of a bigger group).
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 pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
This application currently names joint inventors. In considering patentability of the claims under pre-AIA 35 U.S.C. 103(a), the examiner presumes that the subject matter of the various claims was commonly owned at the time any inventions covered therein were made absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and invention dates of each claim that was not commonly owned at the time a later invention was made in order for the examiner to consider the applicability of pre-AIA 35 U.S.C. 103(c) and potential pre-AIA 35 U.S.C. 102(e), (f) or (g) prior art under pre-AIA 35 U.S.C. 103(a).
Claims 1-3, 6, and 8-10 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Pitchford et al [US 6,327,541] in view of Barrett et al [US 2014/0167976 A1], Ransom et al [US 2003/0204756 A1] (and Forth et al [US 2002/0120723 A1], incorporated by reference in Ransom at paragraph [0148]), and Mathur et al [US 7,124,397].
With regard to claim 1, Pitchford teaches a method of monitoring and storing data of utility meters comprising: connecting to a first utility meter over a network, the first utility meter including a first sensor for measuring a parameter of a utility grid and a first communication device for communicating over the network (see Figure 1A and see col 5, lines 1-8; see col 4, lines 20-21; the system utilizes various utility meters that include sensors to sense/monitor some parameter of the electrical power grid);
connecting to a second utility meter over a network, the second utility meter including a second sensor for measuring the parameter of the utility grid and a second communication device for communicating over the network (see Figure 1A and see col 5, lines 1-8; see col 4, lines 20-21; the system utilizes various utility meters that include sensors to sense/monitor some parameter of the electrical power grid);
organizing the first utility meter into a first virtual group; organizing the second utility meter into the first virtual group (see col 12, lines 4-11; the system can make logical groupings or virtual groups for meters).
Pitchford teaches assigned unique identifiers for meters (see col 5, lines 26-30 ) but does not appear to explicitly teach:
wherein the first sensor provides first sampled electrical data to a digital processor that stores first timestamped measurement data in non-transitory memory within the first utility meter;
assigning a first virtual number to the first utility meter via a user interface executed on a server, and storing first assignment data associated with the first virtual number in a centralized database that is accessible to a plurality of client devices over the network;
wherein the second sensor provides first sampled electrical data to a digital processor that stores second timestamped measurement data in non-transitory memory within the second utility meter;
assigning a second virtual number to the second utility meter via the user interface executed on a server, and storing second assignment data associated with the second virtual number in the centralized database;
and initiating an action to the first virtual group, where the action is performed by each utility meter in the first virtual group wherein the action comprises automatically aggregating, by the server, the first and second timestamped measure data to generate a group trend report, the group trend report being stored in a relational database and provided to multiple client devices via an interactive graphical user interface.
Barrett teaches wherein the first sensor provides first sampled electrical data to a digital processor that stores first
assigning a first virtual number to the first utility meter (see paragraphs [0019], [0040], [0059], and [0060]; an identifier can be assigned to the respective meters);
wherein the second sensor provides first sampled electrical data to a digital processor that stores second
assigning a second virtual number to the second utility meter (see paragraphs [0019], [0040], [0059], and [0060]; an identifier can be assigned to the respective meters).
It would have been obvious at the time the invention was made to a person having ordinary skill in the art to modify the electronic energy management system of Pitchford by including means to provide identifiers to meters and groups of meters as taught by Barrett in order to provide means to identify not only individual meters but also groups of meters that are interrelated thus allowing computerized and networked communication to an individual meter or groups of meters versus having to manually be in the field to interact with the respective meter(s).
Pitchford in view of Barrett teach wherein the first sensor provides first sampled electrical data to a digital processor that stores first timestamped measurement data in non-transitory memory within the first utility meter; wherein the second sensor provides first sampled electrical data to a digital processor that stores second timestamped measurement data in non-transitory memory within the second utility meter (see Pitchford, col 11, lines 13-27 and Figure 5; see Barrett, paragraphs [0012]-[0015], [0023], and [0032]-[0034]; the system allows the respective meters to store data associated with time periods or timestamps in the meter’s local memory).
Pitchford in view of Barrett teach a centralized registry (see Barrett, paragraph [0036]) but do not appear to explicitly teach:
assigning a first virtual number to the first utility meter via a user interface executed on a server, and storing first assignment data associated with the first virtual number in a centralized database that is accessible to a plurality of client devices over the network;
assigning a second virtual number to the second utility meter via the user interface executed on a server, and storing second assignment data associated with the second virtual number in the centralized database;
and initiating an action to the first virtual group, where the action is performed by each utility meter in the first virtual group wherein the action comprises automatically aggregating, by the server, the first and second timestamped measure data to generate a group trend report, the group trend report being stored in a relational database and provided to multiple client devices via an interactive graphical user interface.
Mathur teaches assigning a first virtual number to the first utility meter via a user interface executed on a server, and storing first assignment data associated with the first virtual number in a centralized database that is accessible to a plurality of client devices over the network; assigning a second virtual number to the second utility meter via the user interface executed on a server, and storing second assignment data associated with the second virtual number in the centralized database (see col 2, lines 11-12; col 4, lines 17-20 and col 4, line 59 through col 5, line 9; the system provides a user interface that allows users, via a server, to assign their own virtual name to a particular meter).
It would have been obvious at the time the invention was made to a person having ordinary skill in the art to modify the electronic energy management system of Pitchford in view of Barrett by including means to allow users to customize their names for the various devices/meters as taught by Mathur in order to allow the system to impose more meaningful and easy-to-remember names so that when presented with a large list of metering devices of same or similar device types, the user can discern particular information about the device based on their customized virtual name.
Pitchford in view of Barrett and Mathur do not appear to explicitly teach:
initiating an action to the first virtual group, where the action is performed by each utility meter in the first virtual group wherein the action comprises automatically aggregating, by the server, the first and second timestamped measure data to generate a group trend report, the group trend report being stored in a relational database and provided to multiple client devices via an interactive graphical user interface.
Ransom teaches initiating an action to the first virtual group (see Ransom, paragraph [0148], [0094], [0109], [0123], [0160], and [0181]; see Forth, paragraphs [0058], [0064], [0076], and [0080]; the system can send commands to initiate an action to a group of IEDs).
It would have been obvious at the time the invention was made to a person having ordinary skill in the art to modify the electronic energy management system of Pitchford in view of Barrett and Mathur by including means to send commands to be processed as needed or desired by the client system as taught by Ransom in order to not only be able to see previous data associated with a logical grouping of meters but also to be able to select and retrieve current information associated with the group of meters thus allowing for the client system to have the most available information when it needs it instead of having to wait for some scheduled event to occur for the latest information.
Pitchford in view of Barrett, Mathur, and Ransom teach where the action is performed by each utility meter in the first virtual group (see Ransom, paragraph [0148], [0094], [0109], [0123], [0160], and [0181]; see Forth, paragraphs [0058], [0064], [0076], and [0080]; see Pitchford, col 10, lines 42-49 & 58-61; the system can send commands to receive data associated with a selected group of meters and be able to have those respective meters perform that action including data collection actions for energy usage reports);
wherein the action comprises automatically aggregating, by the server, the first and second timestamped measure data to generate a group trend report, the group trend report being stored in a relational database and provided to multiple client devices via an interactive graphical user interface (see Ransom, paragraphs [0084] and [0154]; see Pitchford, Figure 5; col 11, lines 1-27 and col 10, lines 32-41 and col 5, lines 15-30; the system has means to send commands to gather and aggregate/sum meter data).
With regard to claim 2, Pitchford in view of Barrett, Mathur, and Ransom teach wherein the first utility meter includes a serial number and further comprising associating the serial number with the first virtual number (see Pitchford, col 5, lines 26-30; Barrett, paragraph [0032]; see Forth, paragraph [0058]; the meters can include serial numbers and the system has means to associated the respective meter and its serial number to group identifiers).
With regard to claim 3, Pitchford in view of Barrett, Mathur, and Ransom teach assigning a third virtual number to the first utility meter (see Pitchford, col 5, lines 26-30; Barrett, paragraph [0032]; see Forth, paragraph [0058]; see Mathur, col 2, lines 11-12; col 4, lines 17-20 and col 4, line 59 through col 5, line 9; the respective meters can be associated with any number of group identifiers).
With regard to claim 6, Pitchford in view of Barrett, Mathur, and Ransom teach wherein the action includes aggregating meter data (see Ransom, paragraphs [0084] and [0154]; see Pitchford, col 11, lines 1-27; the system has means to send commands to gather and aggregate/sum meter data forming new datasets such as total energy for the day for a department on various days as well as total energy of the department for various time periods).
With regard to claim 8, Pitchford in view of Barrett, Mathur, and Ransom teach assigning a third virtual number to a third utility meter, assigning a fourth virtual number to a fourth utility meter, and organizing the third utility meter and the fourth utility meter into a second virtual group (see Pitchford, col 5, lines 26-30; col 10, lines 58-59; Barrett, paragraph [0032]; see Forth, paragraph [0058]; the respective meters can be associated with any number of group identifiers where the numerous groups can relate to sub-groups).
With regard to claim 9, Pitchford in view of Barrett, Mathur, and Ransom teach wherein the second virtual group is a sub-group of the first virtual group (see Pitchford, col 5, lines 26-30; col 10, lines 58-59; Barrett, paragraph [0032]; see Forth, paragraph [0058]; the respective meters can be associated with any number of group identifiers where the numerous groups can relate to sub-groups).
With regard to claim 10, Pitchford in view of Barrett, Mathur, and Ransom teach modifying settings for the groups of utility meters via the user interface (see Mathur, Figures 9 and 10; see col 4, line 59 through col 5, line 30; a user interface is provided that allows users to modify settings of the various utility meters of a group/project).
Claim 7 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Pitchford et al [US 6,327,541] in view of Barrett et al [US 2014/0167976 A1], Ransom et al [US 2003/0204756 A1] (and Forth et al [US 2002/0120723 A1], incorporated by reference in Ransom at paragraph [0148]), and Mathur et al [US 7,124,397] in further view of Rye et al [US 2009/0125825 A1].
With regard to claim 7, Pitchford in view of Barrett, Mathur, and Ransom teach all the claim limitations of claim 1 as discussed above.
Pitchford in view of Barrett, Mathur, and Ransom teach reports but do not appear to explicitly teach wherein the group trend report includes a electrical energy usage per square foot value.
Rye teaches wherein the group trend report includes a electrical energy usage per square foot value (see Figure 2 and paragraph [0046]; energy usage per square foot can be calculated and displayed to the user).
It would have been obvious at the time the invention was made to a person having ordinary skill in the art to modify the electronic energy management system of Pitchford in view of Barrett, Mathur, and Ransom by including means to calculate well-known values such as values per square foot as taught by Rye in order to allow the system to provide common statistical information to the user without forcing the user to either perform the calculations manually or to have to generate a new request for that data thereby providing additional relevant information to the user immediately and saving the user time from unnecessary extra interactions with the system (or performing a bunch of calculations manually).
Claim 4 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Pitchford et al [US 6,327,541] in view of Barrett et al [US 2014/0167976 A1], Ransom et al [US 2003/0204756 A1] (and Forth et al [US 2002/0120723 A1], incorporated by reference in Ransom at paragraph [0148]), and Mathur et al [US 7,124,397] in further view of Swarztrauber et al [US 2003/0158677 A1].
With regard to claim 4, Pitchford in view of Barrett and Ransom teach all the claim limitations of claims 1 and 3 as discussed above.
Pitchford in view of Barrett, Mathur, and Ransom do not appear to explicitly teach wherein the first virtual number is associated with a first channel of the first meter and the third virtual number is associated with a second channel of the first meter.
Swarztrauber teaches a first channel of the first meter and a second channel of the first meter (see paragraph [0069]; the meter can include multiple channels to measure multiple different loads).
It would have been obvious at the time the invention was made to a person having ordinary skill in the art to modify the electronic energy management system of Pitchford in view of Barrett, Mathur, and Ransom by utilizing meters that can handle multiple channels for measuring multiple loads as taught by Swarztrauber in order to be able to utilize a single meter to handle multiple loads thus allowing for greater granularity on the energy usage in the respective location.
Pitchford in view of Barrett, Mathur, and Ransom in further view of Swarztrauber wherein the first virtual number is associated with a first channel of the first meter and the third virtual number is associated with a second channel of the first meter (see Swarztrauber, paragraph [0069]; Ransom, Figure 17; see Forth, paragraph [0058]; see Pitchford, col 1, lines 21-26; and col 10, line 58 through col 11, line 12; the meter can include multiple channels to measure multiple different loads where identifiers can be assigned to different meters or meter groups).
Claim 5 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Pitchford et al [US 6,327,541] in view of Barrett et al [US 2014/0167976 A1], Ransom et al [US 2003/0204756 A1] (and Forth et al [US 2002/0120723 A1], incorporated by reference in Ransom at paragraph [0148]), and Mathur et al [US 7,124,397] in further view of Swarztrauber et al [US 2003/0158677 A1] and in further view of Selph et al [US 4,804,957].
With regard to claim 5, Pitchford in view of Barrett, Mathur, and Ransom in further view of Swarztrauber teach all the claim limitations of claims 1 and 3-4 (see 35 USC 112 rejection and interpretation above) as discussed above.
Pitchford in view of Barrett, Mathur, and Ransom in further view of Swarztrauber do not appear to explicitly teach wherein the first channel is associated with a first room in a building and the second channel is associated with a second room in the building.
Selph teaches wherein the first channel is associated with a first room in a building and the second channel is associated with a second room in the building (see Figure 11 and col 13, lines 32-38; the system can measure loads from each room in a building).
It would have been obvious at the time the invention was made to a person having ordinary skill in the art to modify the electronic energy management system of Pitchford in view of Barrett, Mathur, and Ransom in further view of Swarztrauber by utilizing measuring information/load from different apartments/rooms in a building as taught by Selph in order to allow the system to be able to measure the energy usage of particular rooms/apartments thus allowing for fair data collection of what a tenant/apartment/room uses when performing other functionality including billing.
Claim 11 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Pitchford et al [US 6,327,541] in view of Barrett et al [US 2014/0167976 A1], Ransom et al [US 2003/0204756 A1] (and Forth et al [US 2002/0120723 A1], incorporated by reference in Ransom at paragraph [0148]), and Mathur et al [US 7,124,397] in further view of Smith et al [US 9,003,292].
With regard to claim 11, Pitchford in view of Barrett, Mathur, and Ransom teach all the claim limitations of claim 1 as discussed above.
Pitchford in view of Barrett, Mathur, and Ransom teach that the respective meters or meter groups can have a hierarchical relationship (see Ransom, Figure 17) but do not appear to explicitly teach wherein the interactive graphical user interface that depicts the meter-group hierarchy as a tree graph.
Smith teaches wherein the interactive graphical user interface that depicts the
It would have been obvious at the time the invention was made to a person having ordinary skill in the art to modify the electronic energy management system of Pitchford in view of Barrett, Mathur, and Ransom by utilizing a graphical user interface of the hierarchical relationship between devices as taught by Smith in order to allow for an easier visualization of the interrelationship of devices and groups of devices so that the user can accurately and quickly identify and select the desired set of devices they want to perform actions on without having to memorize what the respective individual or group identifiers are meant to represent thus helping to avoid any confusion of accidently interacting with devices the user is not interested in interacting with.
Pitchford in view of Barrett, Mathur, and Ransom in further view of Smith teach wherein the interactive graphical user interface that depicts the meter-group hierarchy as a tree graph (see Smith, Figure 13 and col 14, lines 54-67; see Ransom, Figure 17; the system can utilize a graphical user interface to allow users to be able to select particular devices/meters for further actions where the devices/meters can be displayed in a hierarchical/tree format).
Claims 12 and 14 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Pitchford et al [US 6,327,541] in view of Barrett et al [US 2014/0167976 A1], Mathur et al [US 7,124,397], and Swarztrauber et al [US 2003/0158677 A1].
With regard to claim 12, Pitchford teaches a method of monitoring and storing data of utility meters comprising: connecting to a first utility meter over a network, the first utility meter including a first sensor for measuring a parameter of a utility grid, and a first communication device for communicating over the network (see Figure 1A and see col 5, lines 1-8; see col 4, lines 20-21; the system utilizes various utility meters that include sensors to sense/monitor some parameter of the electrical power grid);
and assigning, via the user interface, the first virtual number to a first virtual group and the second virtual number to a second virtual group (see col 12, lines 4-11, the system can make logical groupings or virtual groups for meters).
Pitchford teaches assigned unique identifiers for meters (see col 5, lines 26-30) but does not appear to explicitly teach:
a second sensor for measuring a parameter of the utility grid,
wherein the first sensor is associated with a first channel and the second sensor is associated with a second channel;
wherein each of the first sensor and second sensor provides sampled electrical data to a digital processor that stores timestamped measurement data in non-transitory memory within the first utility meter, the first and second sensors respectively associated with a first channel and a second channel;
assigning a first virtual number to the first utility meter via a user interface executed on a server and storing first assignment data associated with the first virtual number in a centralized database that is accessible to a plurality of client devices over the network, wherein the first virtual number is associated with the first channel;
assigning a second virtual number to the first utility meter via the user interface and storing second assignment data associated with the second virtual number in the centralized database, wherein the second virtual number is associated with the second channel.
Barrett teaches wherein each of the first sensor and second sensor provides sampled electrical data to a digital processor that stores
assigning a first virtual number to the first utility meter; and assigning a second virtual number to the first utility meter (see paragraphs [0019], [0040], [0059], and [0060]; an identifier can be assigned to virtual meters that are associated with the respective utility meter where a single meter can be associated with multiple virtual meters).
It would have been obvious at the time the invention was made to a person having ordinary skill in the art to modify the electronic energy management system of Pitchford by including means to provide identifiers to meters and groups of meters as taught by Barrett in order to provide means to identify not only individual meters but also groups of meters that are interrelated thus allowing computerized and networked communication to an individual meter or groups of meters versus having to manually be in the field to interact with the respective meter(s).
Pitchford in view of Barrett teach wherein each of the first sensor and second sensor provides sampled electrical data to a digital processor that stores timestamped measurement data in non-transitory memory within the first utility meter (see Pitchford, col 11, lines 13-27 and Figure 5; see Barrett, paragraphs [0012]-[0015], [0023], and [0032]-[0034]; the system allows the respective meters to store data associated with time periods or timestamps in the meter’s local memory).
Pitchford in view of Barrett teach a centralized registry (see Barrett, paragraph [0036]) but do not appear to explicitly teach:
a second sensor for measuring a parameter of the utility grid,
wherein the first sensor is associated with a first channel and the second sensor is associated with a second channel;
the first and second sensors respectively associated with a first channel and a second channel;
assigning a first virtual number to the first utility meter via a user interface executed on a server and storing first assignment data associated with the first virtual number in a centralized database that is accessible to a plurality of client devices over the network, wherein the first virtual number is associated with the first channel;
assigning a second virtual number to the first utility meter via the user interface and storing second assignment data associated with the second virtual number in the centralized database, wherein the second virtual number is associated with the second channel.
Swarztrauber teaches a second sensor for measuring a parameter of the utility grid, wherein the first sensor is associated with a first channel and the second sensor is associated with a second channel, the first and second sensors respectively associated with a first channel and a second channel (see paragraphs [0065] and [0069]; the meter can include multiple channels to measure multiple different loads).
It would have been obvious at the time the invention was made to a person having ordinary skill in the art to modify the electronic energy management system of Pitchford in view of Barrett by utilizing meters that can handle multiple channels for measuring multiple loads as taught by Swarztrauber in order to be able to utilize a single meter to handle multiple loads thus allowing for greater granularity on the energy usage in the respective location.
Pitchford in view of Barrett and Swarztrauber wherein the first virtual number is associated with the first channel; wherein the second virtual number is associated with the second channel (see Swarztrauber, paragraph [0069]; see Pitchford, col 1, lines 21-26; and col 10, line 58 through col 11, line 12; see Barrett, paragraphs [0019], [0040], [0059], and [0060]; the meter can include multiple channels to measure multiple different loads where identifiers can be assigned to different meters or meter groups).
Pitchford in view of Barrett and Swarztrauber do not appear to explicitly teach:
assigning a first virtual number to the first utility meter via a user interface executed on a server and storing first assignment data associated with the first virtual number in a centralized database that is accessible to a plurality of client devices over the network;
assigning a second virtual number to the first utility meter via the user interface and storing second assignment data associated with the second virtual number in the centralized database.
Mathur teaches assigning a first virtual number to the first utility meter via a user interface executed on a server and storing first assignment data associated with the first virtual number in a centralized database that is accessible to a plurality of client devices over the network; assigning a second virtual number to the first utility meter via the user interface and storing second assignment data associated with the second virtual number in the centralized database (see col 2, lines 11-12; col 4, lines 17-20 and col 4, line 59 through col 5, line 9; the system provides a user interface that allows users, via a server, to assign their own virtual name to a particular meter).
It would have been obvious at the time the invention was made to a person having ordinary skill in the art to modify the electronic energy management system of Pitchford in view of Barrett and Swarztrauber by including means to allow users to customize their names for the various devices/meters as taught by Mathur in order to allow the system to impose more meaningful and easy-to-remember names so that when presented with a large list of metering devices of same or similar device types, the user can discern particular information about the device based on their customized virtual name.
With regard to claim 14, Pitchford in view of Barrett, Swarztrauber, and Mathur teach wherein the first parameter is a first current reading and the second parameter is a second current reading (see Swarztrauber, paragraph [0065]; Barrett, paragraph [0012]; the system allows for the measuring/monitoring/sensing of current).
Claim 13 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Pitchford et al [US 6,327,541] in view of Barrett et al [US 2014/0167976 A1], Mathur et al [US 7,124,397], and Swarztrauber et al [US 2003/0158677 A1] in further view of Selph et al [US 4,804,957].
With regard to claim 13, Pitchford in view of Barrett, Mathur, Swarztrauber teach all the claim limitations of claim 12 as discussed above.
Pitchford in view of Barrett, Mathur, Swarztrauber do not appear to explicitly teach wherein the first channel is associated with a first room in a building and the second channel is associated with a second room in the building.
Selph teaches wherein the first channel is associated with a first room in a building and the second channel is associated with a second room in the building (see Figure 11 and col 13, lines 32-38; the system can measure loads from each room in a building).
It would have been obvious at the time the invention was made to a person having ordinary skill in the art to modify the electronic energy management system of Pitchford in view of Barrett, Mathur, Swarztrauber by utilizing measuring information/load from different apartments/rooms in a building as taught by Selph in order to allow the system to be able to measure the energy usage of particular rooms/apartments thus allowing for fair data collection of what a tenant/apartment/room uses when performing other functionality including billing.
Claim 15 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Pitchford et al [US 6,327,541] in view of Barrett et al [US 2014/0167976 A1], Mathur et al [US 7,124,397], and Swarztrauber et al [US 2003/0158677 A1] in further view of Ransom et al [US 2003/0204756 A1] (and Forth et al [US 2002/0120723 A1], incorporated by reference in Ransom at paragraph [0148]).
With regard to claim 15, Pitchford in view of Barrett, Mathur, Swarztrauber teach all the claim limitations of claim 12 as discussed above.
Pitchford in view of Barrett, Mathur, Swarztrauber teach wherein the first utility meter includes a serial number (see Swarztrauber, paragraph [0288]; see Pitchford, col 5, lines 26-30; a serial number is associated/assigned to the utility meter).
Pitchford in view of Barrett, Mathur, Swarztrauber do not appear to explicitly teach associating the serial number with the first virtual number.
Ransom teaches associating the serial number with the first virtual number (see Forth, paragraph [0058]; the respective meters can be associated with any number of group identifiers).
It would have been obvious at the time the invention was made to a person having ordinary skill in the art to modify the electronic energy management system of Pitchford in view of Barrett, Mathur, Swarztrauber by incorporating means to associate a plurality of group identifiers with the serial number or identifier number of the meter as taught by Forth in order to allow the system to be able to not only identify individual meters but also be able to logically associate a meter with multiple different groups so that the system can allow clients/users be able to group the meters how they desire even if a single meter is a member of multiple groups thereby allowing for greater flexibility for how data collection and analysis can be performed without having to manually change/customize the group membership of the sensor for every request involving different sets of meters and without having to individually select all desired meters for every reporting action.
Claims 16-20 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Pitchford et al [US 6,327,541] in view of Barrett et al [US 2014/0167976 A1], Mathur et al [US 7,124,397], and Swarztrauber et al [US 2003/0158677 A1] in further view of Ransom et al [US 2003/0204756 A1] (and Forth et al [US 2002/0120723 A1], incorporated by reference in Ransom at paragraph [0148]) and Smith et al [US 9,003,292].
With regard to claim 16, Pitchford in view of Barrett, Mathur, Swarztrauber teach all the claim limitations of claim 12 as discussed above.
Pitchford in view of Barrett, Mathur, Swarztrauber do not appear to explicitly teach assigning the first virtual number to a first virtual group and assigning the second virtual number to a second virtual group includes organizing visual representations presented in an interactive hierarchical graphical tree interface.
Ransom teaches assigning the first virtual number to a first virtual group and assigning the second virtual number to a second virtual group (see Forth, paragraph [0058]; the respective meters can be associated with any number of group identifiers).
It would have been obvious at the time the invention was made to a person having ordinary skill in the art to modify the electronic energy management system of Pitchford in view of Barrett, Mathur, Swarztrauber by incorporating means to associate a plurality of group identifiers with identifiers the meter or components thereof as taught by Forth in order to allow the system to be able to not only identify individual meters but also be able to logically associate a meter with multiple different groups so that the system can allow clients/users be able to group the meters how they desire even if a single meter is a member of multiple groups thereby allowing for greater flexibility for how data collection and analysis can be performed without having to manually change/customize the group membership of the sensor for every request involving different sets of meters and without having to individually select all desired meters for every reporting action.
Pitchford in view of Barrett, Mathur, Swarztrauber in further view of Ransom do not appear to explicitly teach includes organizing visual representations presented in an interactive hierarchical graphical tree interface.
Smith teaches hierarchical graphical tree interface (see Figure 13 and col 14, lines 54-67; the system allows the user to be able to interact with the system and view the underlying devices through a graphical user interface).
It would have been obvious at the time the invention was made to a person having ordinary skill in the art to modify the electronic energy management system of Pitchford in view of Barrett, Mathur, Swarztrauber in further view of Ransom by utilizing a graphical user interface of the hierarchical relationship between devices as taught by Smith in order to allow for an easier visualization of the interrelationship of devices and groups of devices so that the user can accurately and quickly identify and select the desired set of devices they want to perform actions on without having to memorize what the respective individual or group identifiers are meant to represent thus helping to avoid any confusion of accidently interacting with devices the user is not interested in interacting with.
Pitchford in view of Barrett, Mathur, Swarztrauber in further view of Ransom and Smith teach includes organizing visual representations presented in an interactive hierarchical graphical tree interface (see Smith, Figure 13 and col 14, lines 54-67; see Ransom, Figure 17; the system can utilize a graphical user interface to allow users to be able to select particular devices/meters for further actions where the devices/meters can be displayed in a hierarchical/tree format).
With regard to claim 17, Pitchford in view of Barrett, Mathur, Swarztrauber in further view of Ransom and Smith teach initiating an action to the first virtual group, where the action is performed by each utility meter in the first virtual group (see Ransom, paragraph [0148], [0094], [0109], [0123], [0160], and [0181]; see Forth, paragraphs [0058], [0064], [0076], and [0080]; see Pitchford, col 10, lines 42-49 & 58-61; the system can send commands to receive data associated with a selected group of meters and be able to have those respective meters perform that action including data collection actions for energy usage reports).
With regard to claim 18, Pitchford in view of Barrett, Mathur, Swarztrauber in further view of Ransom and Smith teach wherein the action includes aggregating meter data (see Ransom, paragraphs [0084] and [0154]; see Pitchford, col 11, lines 1-12; the system has means to send commands to gather and aggregate/sum meter data).
With regard to claim 19, Pitchford in view of Barrett, Mathur, Swarztrauber in further view of Ransom and Smith teach wherein the action includes initiating a reporting function (see Ransom, paragraphs [0084] and [0154]; see Pitchford, col 11, lines 1-27; the system has means to send commands to gather and aggregate/sum meter data).
With regard to claim 20, Pitchford in view of Barrett, Mathur, Swarztrauber in further view of Ransom and Smith teach wherein the second group is a sub-group of the first group (see Pitchford, col 5, lines 26-30; col 10, lines 58-59; Barrett, paragraph [0032]; see Forth, paragraph [0058]; the respective meters can be associated with any number of group identifiers where the numerous groups can relate to sub-groups).
Response to Arguments
Applicant’s arguments (see the second paragraph on page 6) with respect to the 35 USC 112 rejections have been fully considered and are persuasive. The 35 USC 112 rejections of the claims have been withdrawn. The applicant amended the claims to address the 35 USC 112 rejections. In view of the amendments, the respective 35 USC 112 rejections have been withdrawn.
Applicant's arguments (see the third paragraph on page 6 through the top of page 8) have been fully considered but they are not persuasive. The applicant argues that (a) the claims integrate the exception into a practical application and amount to significantly more since the claims clarify that the utility meters include digital processors that sample and store data in local memory and thus cannot be performed by a person. Additionally, applicant argues (b) that the assignment of virtual numbers is not mere label/tag but performed by a server executing a user interface and (c) that initiating an action includes aggregating records across meters including real-time group control/collection which cannot be practically performed manually or by “mental process”. Lastly, the applicant argues (d) that the combination of the various limitations including metering sampling, timestamped storage, virtual grouping, et cetera is more than conventional computer implementation since it is particular, non-generic solution to specific technical drawbacks. The Examiner respectfully disagrees.
With regard to arguments (a) and (b), the Examiner notes that MPEP 2106.04(a)(2)(III)(C) indicates that a claim that requires a computer may still recite a mental process step. As noted above, the respective generic hardware elements are additional elements that perform generic functionality or insignificant extrasolution activity such as receiving inputs and storing information as well as data gathering. Similarly, with regard to argument (c), the Examiner notes that the aggregation process relates to the mental process steps with the data gathering steps being associated with additional elements; in other words, summing data, even large amounts of data, is a task that can be done mentally possibly with the aid of a pencil and paper. With regard to argument (d) regarding an improvement to the functioning of a computer or to any other technology or technical field, the Examiner notes that, per MPEP 2106.05(a), that “[a]n important consideration in determining whether a claim improves technology is the extent to which the claim covers a particular solution to a problem or a particular way to achieve a desired outcome, as opposed to merely claiming the idea of a solution or outcome. McRO, 837 F.3d at 1314-15, 120 USPQ2d at 1102-03; DDR Holdings, 773 F.3d at 1259, 113 USPQ2d at 1107.” (emphasis added). Additionally, it is important to note that “the judicial exception alone cannot provide the improvement” and that “the claim reflects the asserted improvement”. As noted in the 35 USC 101 rejections above, the claims merely recite computer hardware elements amounting to the idea of a solution. Therefore, applicant’s arguments are not persuasive.
Applicant's arguments (see the first whole paragraph on page 8 through the last paragraph on page 9) with respect to the rejection(s) of claim(s) under 35 USC 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Mathur.
The applicant argues that the cited prior art references do not teach all the claim limitations of the independent claims including Pitchford not teaching the newly amended limitations as well as the initiating action limitations. The Examiner respectfully disagrees. As noted above, a new reference was found when performing further search and consideration that, when combined, would teach or fairly suggest the claim limitations as recited. With regard to the initiating action argument, applicant's arguments fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references. As illustrated in the 35 USC 103 rejections, the rejection is based on the combination of references and arguments against the teachings of Ransom/Forth are not persuasive. In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). Therefore, applicant’s arguments are not persuasive and the respective rejections still stand.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARC S SOMERS whose telephone number is (571)270-3567. The examiner can normally be reached M-F 11-8 EST.
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/MARC S SOMERS/Primary Examiner, Art Unit 2159 12/31/2025
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