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 .
Status of the Application
2. Claim 1 have been examined in this application. This communication is the first action on the merits.
Drawings
3. The drawings filed on 9/20/24 are acceptable for examination proceedings.
Claim Rejections - 35 USC § 101
4. 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 1 is rejected under 35 U.S.C. 101 because the claimed invention is directed to abstract idea without significantly more as fully discussed below.
Step 1: Yes
Claim 1 is drawn to a method, and falls under one of four categories of statutory subject matter (process/method, machines/products/apparatus, manufactures, and compositions of matter).
Step 2A, Prong 1: Yes
Claim 1 is directed to a judicially recognized exception of an abstract idea without significantly more.
Regarding claim 1, the claim(s) recite(s) limitations “analyzing the set of residual load data; and determining, based on the analyzing, an amount of power contributed to the set of residual load data by at least one energy generator class”. These claim limitations are abstract idea because these limitations can be reasonably performed in human mind. Nothing in the claim limitation precludes the step from practically being performed in the human mind based on human’s observation of analyzing data and determining the contributed residual data. Human can easily analyzing data and determining the contributed residual data.
Thus, these claimed functions are the judicial exceptions that are no more than a mental abstract idea (See MPEP 2106.04(a)(2)(III)).
Step 2A, Prong 2: No
The additional limitation of “obtaining a set of residual load data for a given period of time measured at one or more nodes within a power generation and distribution system, the set of residual load data encoding a set of power flow signals” is merely part of insignificant extra-solution activity because eMPEP 2106.05(g)) clearly states “Mere Data Gathering” are found to be insignificant extra-solution activity by the numerous courts. Accordingly, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea.
Step 2B: No
The additional limitation that are a form of insignificant extra-solution activities, do not amount to significantly more than an abstract idea because the court decisions have determined that this additional element as discussed above in step 2A of obtaining a set of residual data to be well-understood, routine, and conventional when claimed in a merely generic manner for data collecting (i.e., receiving) and data outputting (i.e., displaying) (See MPEP § 2106.05(d)(II) (i: Receiving or transmitting data over a network, e.g., using the Internet to gather data, Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362 (See Versata Dev. Group, Inc. v. SAP Am., Inc., 793 F.3d 1306, 1334, 115 USPQ2d 1681, 1701 (Fed. Cir. 2015) and Electric Power Group, LLC v. Alstom S.A., 830 F.3d 1350, 119 USPQ2d 1739 (Fed. Cir. 2016)).
As such, claim 1 is not patent eligible.
Double Patenting
5. 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 claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this 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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/forms/. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
6. Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent: 12136821, Claim 1 of the U.S. Patent 11631978, Claim 1 of the U.S. Patent: 10256633, and Claim 1 of the U.S. Patent:10998729. Although the claims at issue are not identical they are not patentably distinct from each other because the claimed “A method for managing energy generation in a power generation and distribution system” of instant application is anticipated by “A method for managing energy generation in a power generation and distribution system” of US Patent. 12136821, 11631978, 10256633, and 10998729.
Claim 1 of this instant application
Claim 1 of Patent: 12136821
Claim 1 of Patent: 11631978
Claim 1 of Patent:10256633
Claim 1 of the Patent:10998729
A method for managing energy generation in a power generation and distribution system, the method comprising: obtaining a set of residual load data for a given period of time measured at one or more nodes within a power generation and distribution system,
A method for managing energy generation in a power generation and distribution system, the method comprising: obtaining a set of power flow signals measured at a plurality of components within a power generation and distribution system; calculating residual load data for a given period of time
A method for managing energy generation in a power generation and distribution system, the method comprising: obtaining a set of power flow signals measured at a plurality of components within a power generation and distribution system; calculating residual load data for a given period of time
A method for managing energy generation in a power generation and distribution system, the method comprising: obtaining a set of power flow signals measured at a plurality of components within the power generation and distribution system, the set of power flow signals measuring a power consumption and a power generation of the plurality of components in the power generation and distribution system; calculating residual load data for a given period of time,
A method for managing energy generation in a power generation and distribution system, the method comprising: obtaining a set of power flow signals measured at a plurality of components within the power generation and distribution system; calculating residual load data for a given period of time,
the set of residual load data encoding a set of power flow signals;
the residual load data being based on the set of power flow signals;
the set of residual load data being based on the set of power flow signals;
the residual load data being based on the set of power flow signals to determine a total of the power consumption and a total power generation of the plurality of components within the power generation and distribution system over the given period of time;
the residual load data being based on the set of power flow signals;
analyzing the set of residual load data; and determining, based on the analyzing, an amount of power contributed to the set of residual load data by at least one energy generator class.
analyzing the residual load data using at least one model, the at least one model determining an amount of power contributed to the residual load data by at least one energy generator class and determining an amount of power contributed to the residual load data by a subset of energy generator class; determining, based on the analyzing, an amount of power consumed during the given period of time; detecting an amount of operational generation from the at least one energy generator class based at least on the amount of power contributed to the residual load data by at least one energy generator class;
analyzing the residual load data using a first model and a second model, the first model determining an amount of power contributed to the set of residual load data by at least one energy generator class, the second model determining an amount of power contributed to the set of residual load data by a subset of energy generator class;
analyzing the residual load data using the generalized additive model after optimization to determine an amount of power of the set of power flow signals attributed to one or more energy generators classified by the subset of energy generator classes, the subset of energy generator classes excluding the at least one energy generator class.
analyzing the residual load data using the tuned generalized additive model to determine an amount of power of the set of power flow signals attributed to one or more energy generators classified by the subset of energy generator classes, the subset of energy generator classes excluding the at least one energy generator class;
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.
7. Claim 1 is rejected under 35 U.S.C. 102(a) (1) as being anticipated by Marco (A Simulation Model to Analyze the Residual Load During the Extension of Highly Fluctuating Renewables in Bavaria, Germany, 4th International Conference on Power Engineering , Energy and Electrical Drives, Istanbul, Turkey, 13-17 May 2013).
8. Regarding claim 1, Marco discloses:
A method for managing energy generation in a power generation and distribution system, the method comprising: obtaining a set of residual load data for a given period of time measured at one or more nodes within a power generation and distribution system (e.g., On the right side of Figure 6 we compute the real residual load by subtracting the real feed-in of renewable energy sources from the real demand. Afterwards, we subtract from the real residual load the feed-in of conventional power plants or the charging of storages/- planned exports, respectively. This necessarily results in differences, because of possible forecast errors.) (Section IV. Overall Logic of the Model, Page. 543, Fig. 6);
the set of residual load data encoding a set of power flow signals (e.g., Starting from the real demand, we compute a demand forecast instantaneously as already mentioned in chapter
III-D. The residual load forecast is computed by subtracting the feed-in forecasts of wind and solar energy, and the feed-in of water, biomass, and geothermal energy) (Section IV. Overall Logic of the Model, Page. 543, Fig. 6);
analyzing the set of residual load data; and determining, based on the analyzing, an amount of power contributed to the set of residual load data by at least one energy generator class (e.g., On the right side of Figure 6 we compute the real residual load by subtracting the real feed-in of renewable energy sources from the real demand. Afterwards, we subtract from the real residual load the feed-in of conventional power plants or the charging of storages/- planned exports, respectively. This necessarily results in differences, because of possible forecast errors.) (Section IV. Overall Logic of the Model, Page. 543, Fig. 6).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Tokunaga (Pub: 2016/0241034) disclose a power management method according to an aspect of the present invention includes: managing, with a first administrator, a residual capacity of a power storage apparatus; managing, with a second administrator, interruption information that includes an interruption period during which a power grid is in a service interruption state; estimating, with a first estimator, as first power information, an amount of power that is consumed by an electric load during the interruption period; estimating, with a second estimator, at a start point of the interruption period or before start of the interruption period, an estimation residual capacity based on the first power information, the estimation residual capacity being the residual capacity at an end point of the interruption period; determining, with a determiner, that a condition for participating in a power trade market is met, when the estimation residual capacity exceeds a reference value; and setting, with the determiner, an amount of power by which the estimation residual capacity exceeds the reference value, as an upper limit of a power selling amount in the power trade market (Para. [0008]).
Stuermer (Pub: 2012/0091730) disclose an energy supply system with an electricity generating device for the regenerative generation of electrical energy that can be fed into an electricity supply grid, and to an operating method for such an energy supply system (Para. [0001]).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JIGNESHKUMAR C PATEL whose telephone number is (571)270-0698. The examiner can normally be reached Monday - Friday, 7:00 AM - 5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kenneth M Lo can be reached on (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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/JIGNESHKUMAR C PATEL/Primary Examiner, Art Unit 2116
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