DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. 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 Application
2 This instant Office Action is in response to Original Filing filed on 9/23/2024.
3. This Office Action is made Non-Final.
4. Claims 1-17 are pending.
5. Claims 18-24 are cancelled prior to examination.
Information Disclosure Statement
6. The information disclosure statement (IDS) submitted on 11/2024 and 3/26/25 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
7. Claims 4 and 5 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 4 recites the limitation “the amount of energy flow" in Line 8. However the phrase “energy flow” has not been recited prior in the claims. There is insufficient antecedent basis for this limitation in the claim.
Claim 5 recites the limitation “the wireless network" in Line 4-5. However the phrase “wireless network” has not been recited prior in the claims. There is insufficient antecedent basis for this limitation in the claim.
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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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 www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
1. Claims 1-2, 12, 16-17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-2 and 14-15 of Co-Pending Application 18/804,880. Note: The remaining dependent claims 3-11, 13-15 are included based on their dependency to the independent claims and have similar subject matter to the co-pending application.
Although the claims at issue are not identical, they are not patentably distinct from each other because they are claiming similar subject matter relating to operating and obtaining information relating to power capacity or battery for a virtual power plant; and information about power capacity or battery associated with configuring the virtual power plant.
Note that the table below compares the claims of the current invention with the relevant claims in the Co-Pending Application in the columns side by side. Wherein at least one claim of the instant application is being taught by the claims of the Co-Pending Application.
Current Pending Application No. 18/893,196
Co-Pending Application 18/804,880
1. An apparatus comprising at least one processor and at least one memory storing instructions that, when executed by the at least one processor, cause the apparatus at least to: obtain site information on radio access network element sites, at least some of which are usable as additional power capacity providers in a virtual power plant; obtain energy balancing related information of a power grid using the virtual power plant; determine, based at least on the site information and the energy balancing related information, for at least one virtual power plant entity for the virtual power plant, control information relating to the virtual power plant, the control information optimizing virtual power plant utility while maintaining radio network stability; and transmit said control information to the at least one virtual power plant entity.
1. An apparatus comprising at least one processor, and at least one memory storing instructions that, when executed by the at least one processor, cause the apparatus at least to: configure at least one of: a virtual power plant controller application for operating one or more batteries of one or more base stations as a virtual power plant, the one or more base stations for supporting the virtual power plant controller application, or one or more power systems of the one or more base stations for supporting the virtual power plant controller application.
Analysis: In comparing the independent claims listed above in both applications, they are claiming similar subject matter relating to: operating and obtaining information relating to power capacity or battery for a virtual power plant; and information about power capacity or battery associated with configuring the virtual power plant. The difference between the claims is that the current pending claim 1 recites an additional element “obtain site information on radio access network element sites, at least some of which are usable as additional power capacity providers in a virtual power plant; determine, based at least on the site information and the energy balancing related information, for virtual power plant entity, control information relating to the virtual power plant” to perform the claimed feature. Therefore, the co-pending claim 1 renders obvious the current pending claim 1.
2. The apparatus of claim 1, wherein the at least one processor and the at least one memory storing instructions, when executed by the at least one processor, further cause the apparatus at least to: determine, based at least on geographical location information or battery state of charge information in the site information, whether to add a site to a blacklist indicating that the site is not usable as an additional power capacity provider or to a whitelist indicating that the site is usable as an additional power capacity provider; and transmit at least one of the blacklist and the whitelist in the control information.
2. The apparatus according to claim 1, further being caused to: obtain information associated with the one or more power systems, and information associated with the one or more batteries, wherein the virtual power plant controller application is configured based at least on the information associated with the one or more power systems, and the information associated with the one or more batteries.
Analysis: In comparing the dependent claims listed above, they are claiming similar subject matter relating to: determine, battery state of charge information in the site information associated with power systems for virtual power plant.
12. An apparatus comprising at least one processor and at least one memory storing instructions that, when executed by the at least one processor, cause the apparatus at least to: control use of one or more radio access network elements as an additional power capacity provider in a virtual power plant; receive, from a virtual power plant manager entity, control information relating to a virtual power plant, the control information optimizing virtual power plant utility while maintaining radio network stability; determine, based on at least the control information received, per a radio access network element, its use as the additional power capacity provider; and transmit, at least per a radio access network element determined to be used as the additional power capacity provider, information relating to providing the power capacity in the virtual power plant.
14. A method comprising: configuring at least one of: a virtual power plant controller application for operating one or more batteries of one or more base stations as a virtual power plant, the one or more base stations for supporting the virtual power plant controller application, or one or more power systems of the one or more base stations for supporting the virtual power plant controller application.
Analysis: In comparing the independent claims listed above in both applications, they are claiming similar subject matter relating to: operating and obtaining information relating to power capacity or battery for a virtual power plant; and information about power capacity or battery associated with configuring the virtual power plant. The difference between the claims is that the current pending claim 12 recites an additional element “control use of one or more radio access network elements as an additional power capacity provider in a virtual power plant; receive, from a virtual power plant manager entity, control information relating to a virtual power plant” Therefore, the co-pending claim 14 renders obvious the current pending claim 12.
16. An apparatus comprising at least one processor and at least one memory storing instructions that, when executed by the at least one processor, cause the apparatus at least to: provide additional power capacity in a virtual power plant; receive from a virtual power plant controlling entity information relating to providing the power capacity in the virtual power plant; determine from the information one or more virtual power plant policies; and apply the one or more virtual power plant policies to control providing the additional power capacity.
17. The apparatus of claim 16, wherein the at least one processor and the at least one memory storing instructions, when executed by the at least one processor, further cause the apparatus at least to, when applying the one or more virtual power plant policies: determine a time to take a battery related action, determine a duration of an active battery related action, determine and apply an energy consumption based profile, and/or total amount of energy to be consumed from the battery.
15. A non-transitory computer readable medium comprising program instructions which, when executed by an apparatus, cause the apparatus to perform at least the following: configuring at least one of: a virtual power plant controller application for operating one or more batteries of one or more base stations as a virtual power plant, the one or more base stations for supporting the virtual power plant controller application, or one or more power systems of the one or more base stations for supporting the virtual power plant controller application.
Analysis: In comparing the independent claims listed above in both applications, they are claiming similar subject matter relating to: operating and obtaining information relating to power capacity or battery for a virtual power plant; and information about power capacity or battery associated with configuring the virtual power plant. The difference between the claims is that the current pending claim 16 recites an additional element “provide additional power capacity in a virtual power plant; receive from a virtual power plant controlling entity information relating to providing the power capacity in the virtual power plant” Therefore, the co-pending claim 15 renders obvious the current pending claim 16.
With respect to claims, the Pending Application makes the scope of the application more specific by adding terms “obtain site information on radio access network element sites, at least some of which are usable as additional power capacity providers in a virtual power plant; determine, based at least on the site information and the energy balancing related information, for virtual power plant entity, control information relating to the virtual power plant”
It has been held that the omission of the element and its function is an obvious expedient if the remaining elements perform the same function as before, In re Karlson, 136 USPQ 184 (CCPA). Also note Ex Parte Raine, 168 USPQ 375 (bd. App. 1969); omission of a reference element whose function is not needed would be obvious to one skill in the art.
Allowable Subject Matter
2. Claims 1-17 are rejected under a non-statutory double patenting rejection but would be allowable if a Terminal Disclaimer is filed and approved which would overcome the non-statutory double patenting rejection set forth herein.
3. The claims 4-5 are rejected under 35 USC 112b but would be allowable if the rejection is overcome and a Terminal Disclaimer for the non-statutory double patenting rejection is filed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: SANDERS et al. US 20170005515 in particular Sections [0127, 0134, 0183], Wyatt US 2025/0174991 and Lemsaddek et al. US 20250330024.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAEL M ULYSSE whose telephone number is (571)272-1228. The examiner can normally be reached Monday-Friday 9am-5pm.
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September 30, 2026
/JAEL M ULYSSE/Primary Examiner, Art Unit 2477
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