DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claims 1-20 are pending in this Application.
Priority
This application is a continuation of: U.S. patent application Ser. No. 18/161,640, filed Jan. 30, 2023, now U.S. Pat. No. 12,155,221, which is a continuation of
U.S. patent application Ser. No. 16/549,974, now U.S. Pat. No. 11,569,665, filed on Aug. 23, 2019, which is a continuation of
U.S. patent application Ser. No. 14/949,642, now U.S. Pat. No. 10,439,401, filed on Nov. 23, 2015, and entitled “MANAGING THE OUTFLOW OF A SOLAR INVERTED,” the disclosures of which are incorporated by reference herein in their entirety.
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.
Instant Application 18917816
US patent 12155221
A system, comprising:
a first solar panel communicatively coupled to a controller;
a second solar panel not controlled by the controller; and
the controller configured to programmatically:
determine a range of production rates, between an upper buffer and a non-zero lower buffer of a solar output, at which the first solar panel is configured to deliver electrical energy to an electric grid based on an output of the second solar panel;
determine a time-variable usable range midpoint between the upper buffer and the non-zero lower buffer;
generate a control command based on the time-variable usable range midpoint between the upper buffer and the non-zero lower buffer; and communicate the control command to the first solar panel to cause the first solar panel to actuate to control a rate (1) to a value within the range of production rates and (2) for delivering electrical energy to the electric grid.
2. The system of claim 1, wherein actuating the first solar panel comprises causing a solar inverter associated with the first solar panel to increase, maintain, or decrease an energy output.
3. The system of claim 1, wherein the first solar panel, the second solar panel, and the controller are arranged in a control feedback loop configuration, wherein the range of production rates is determined based on the control feedback loop.
4. The system of claim 1, wherein the second solar panel is in vicinity of the first solar panel or subject to a similar environmental condition as the first solar panel.
5. The system of claim 1, wherein the upper buffer and the time-variable usable range midpoint vary over time based on solar data.
6. The system of claim 1, wherein the controller is configured to perform at least one of: generate a second control command causing a sub-maximum rate of electrical energy, within a range between the non-zero lower buffer and a maximum rate of energy output, to be delivered; or
refuse a request for the electrical energy based on the rate at which the electrical energy is delivered being below the non-zero lower buffer.
7. The system of claim 1, wherein generating, via the controller, the control command, comprises:
determining a frequency at which the electrical energy is being provided via the electric grid; and determining, based on the frequency, the rate at which the electrical energy is delivered by the first solar panel; and
generating an indication of the rate, wherein the control command is generated based on the rate.
8. The system of claim 1, wherein the controller is configured to determine, based on historical output data of the second solar panel, the range of available production rates at which the first solar panel is predicted to deliver energy at one or more future times, wherein the control command is generated based on the range of available rates at which the first solar panel is predicted to deliver energy at the one or more future times.
9. A computer-implemented method implemented on behalf of or within a solar power facility, the computer-implemented method comprising:
receiving, via a controller, an indication of a non-zero rate of energy output to be delivered by a production solar power array communicatively coupled to the controller;
determining a range of available production rates, between an upper buffer and a non-zero lower buffer of an available solar output, for delivering energy via the production solar power array at one or more future times,
wherein the range of available production rates is determined based at least on an output of a sentinel solar power array not controlled by the controller;
determining that the non-zero rate of energy output is between the range of available production rates; and
based on the non-zero rate of energy output being between the range of available production rates, generating, via the controller, a control signal that is communicated to the production solar panel array to cause the production solar panel array to deliver a particular rate of energy output that is equal to or greater than the non-zero rate of energy output.
10. The computer-implemented method of claim 9, further comprising determining that the sentinel solar panel array is in vicinity of the production solar panel array and subject to a similar environmental condition as the production solar panel array.
11. The computer-implemented method of claim 9, comprising determining, from data associated with the production solar panel array, that the particular rate of energy output is within the range of available production rates.
12. The computer-implemented method of claim 9, wherein the sentinel solar panel array is smaller than the production solar panel array.
13. The computer-implemented method of claim 9, further comprising:
delivering each of (a) a maximum rate of energy output and (b) one or more sub-maximum rates of energy output, each of the one or more sub-maximum rates being are at a different point in a range between the non-zero lower buffer and the maximum rate of energy output,
controlling the controller to cause the production solar panel array to deliver a sub-maximum rate of energy output; and
controlling the controller to refuse a request for energy in response to the indication of the non-zero rate of energy output being below the non-zero lower buffer.
14. The computer-implemented method of claim 9, wherein the range of available production rates is further determined based on historical data associated with past outputs of the sentinel solar panel array.
15. The computer-implemented method of claim 9, further comprising: determining a frequency at which the energy is being provided via an electric grid; determining, based on the frequency, the particular rate of energy output; and generating an indication of the particular rate of energy output, wherein the control signal comprises the indication of the particular rate of energy output.
16. The computer-implemented method of claim 9, wherein the upper buffer varies over time in accordance with solar data.
17. A non-transitory computer readable storage medium with instructions stored thereon that, when executed by a computing system, cause the computing system to perform operations comprising:
receiving an indication of a rate of energy output to be delivered by a production solar panel array communicatively coupled to a power controller;
determining, based on an output of a sentinel solar panel array not controlled by the power controller, a range of available solar output production rates, between a time-dependent upper buffer and a non-zero lower buffer, for delivering the energy via the production solar panel array at one or more future times; and
controlling the power controller to cause the production solar panel array to deliver to an electric grid a particular rate of energy output that (1) is equal to or greater than the rate of energy to be delivered by the production solar panel array and that (2) is determined based on the range of available solar output production rates.
18. The non-transitory computer readable storage medium of claim 17, wherein the sentinel solar panel array is in vicinity of the production solar panel array and subjected to a similar environmental condition as the production solar panel array.
19. The non-transitory computer readable storage medium of claim 17, the operations further comprising:
determining a frequency at which the energy is being provided via the electric grid; and
generating, using a droop curve and based on the determined frequency, the indication of the rate of energy output to power the production solar panel array.
20. The non-transitory computer readable storage medium of claim 17, wherein the range of available solar output production rates is determined based on at least one of local climatological patterns, a relative efficiency of local electrical equipment, or a degree to which volatility of supply is to be controlled, and
wherein the indication of the rate of energy output is: received from an automatic generation control system operated by a grid balancing authority, and generated by the automatic generation control system based upon a determined frequency or a determined voltage at which the energy is being provided via the electric grid.
A system, comprising:
first solar panels configured to receive control instructions from a controller;
second solar panels independent of control by the controller; and
the controller configured to:
determine a range of available production rates, between an upper buffer and a non-zero lower buffer of an available solar output, at which the first solar panels are likely to deliver electrical energy to an electric grid based on a present output of the second solar panels; determine a time-variable usable range midpoint between the upper buffer and the non-zero lower buffer; generate a control command based on the time-variable usable range midpoint between the upper buffer and the non-zero lower buffer; and communicate the control command to at least one first solar panel of the first solar panels to cause a component of the first solar panels to actuate to control a rate at which the electrical energy is delivered to the electric grid, wherein the rate at which the electrical energy is delivered is within the range of available production rates.
Claim 1, first solar panels, second solar panels, and controller, wherein the controller connected/coupled to first solar panels and configured to control the first solar panels based on a command, wherein the command is based on power output measured from second solar panel, (thus it teaches or suggests the subject matter of claim 3)
2. The system of claim 1, wherein the second solar panels are in vicinity of the first solar panels and subject to same environmental conditions as the first solar panels.
3. The system of claim 1, wherein the upper buffer and the time-variable usable range midpoint vary over time in accordance with solar data.
4. The system of claim 1, wherein the controller is configured to: deliver a sub-maximum rate at which the electrical energy is delivered that is in a range between the non-zero lower buffer and a maximum rate of energy output; and
refuse a request for the electrical energy if the rate at which the electrical energy is delivered is below the non-zero lower buffer.
5. The system of claim 1, wherein the controller is configured to: determine a frequency at which the electrical energy is being provided via the electric grid; and
generate an indication of the rate at which the electrical energy is delivered from the first solar panels based on the frequency.
6. The system of claim 1, wherein the controller is configured to determine the range of available production rates at which the first solar panels are likely to be able to deliver energy at one or more future times based on past and the present output of the second solar panels.
8. A computer-implemented method for determining a rate to deliver energy, the computer-implemented method comprising:
receiving, via a controller, an indication of a non-zero rate of energy output needed from a production array of solar panels coupled to the controller; determining a range of available production rates, between an upper buffer and a non-zero lower buffer of an available solar output, at which the production array of solar panels is likely to deliver the energy at one or more future times, wherein the range of available production rates is determined based on a present output of a sentinel array of solar panels, wherein the upper buffer varies over time in accordance with solar data;
determining that the non-zero rate of energy output is between the range of available production rates; and based on the non-zero rate of energy output being between the range of available production rates, generating, via the controller, a control signal that is communicated to the production array of solar panels to cause the production array of solar panels to deliver a particular rate of energy output that is equal to or greater than the non-zero rate of energy output. 9. The computer-implemented method of claim 8, wherein the sentinel array of solar panels is in vicinity of the production array of solar panels and subjected to same environmental conditions as the production array of solar panels.
10. The computer-implemented method of claim 8, wherein the particular rate of energy output is determined to be within the range of available production rates from the production array of solar panels.
11. The computer-implemented method of claim 8, wherein the sentinel array of solar panels is smaller than the production array of solar panels.
12. The computer-implemented method of claim 8, wherein the controller is controllable to
deliver each of (a) a maximum rate of energy output and (b) one or more sub-maximum rates of energy output that is each at a different point in a range between the non-zero lower buffer and the maximum rate of energy output, the method further comprising:
controlling the controller to deliver a sub-maximum rate of energy output; and
controlling the controller to refuse a request with the indication of the non-zero rate of energy output needed that is below the non-zero lower buffer.
13. The computer-implemented method of claim 8, wherein the range of available production rates are further determined based on a past output of the sentinel array of solar panels.
14. The computer-implemented method of claim 8, further comprising: determining a frequency at which the energy is being provided via an electric grid; and generating the indication of the non-zero rate of energy output needed from the production array of solar panels based on the determined frequency.
See claim 8 above “wherein the upper buffer varies over time in accordance with solar data”
15. A non-transitory computer readable storage medium with instructions stored thereon that, when executed by a computing system, perform operations for controlling energy, the operations comprising:
receiving an indication of a rate of energy output sought from a production array of solar panels coupled to a power controller;
determining, based on present output of a sentinel array of solar panels not controlled by the power controller, a range of available solar output production rates, between a time-dependent upper buffer and a non-zero lower buffer, at which the production array of solar panels is likely to deliver the energy at one or more future times; and
controlling the power controller to cause the production array of solar panels to deliver, to an electric grid to which the power controller is coupled, a particular rate of energy output that is equal to or greater than the rate of energy output sought from the production array of solar panels and that is determined based on the range of available solar output production rates.
16. The non-transitory computer readable storage medium of claim 15, wherein the sentinel array of solar panels is in vicinity of the production array of solar panels and subjected to same environmental conditions as the production array of solar panels, and wherein the particular rate of energy output controlled by the power controller is determined to be within the range of available solar output production rates from the production array of solar panels.
18. The non-transitory computer readable storage medium of claim 15, the operations further comprising : determining a frequency at which the energy is being provided via the electric grid; and
generating, using a droop curve and based on the determined frequency, the indication of the rate of energy output sought from the production array of solar panels.
19. The non-transitory computer readable storage medium of claim 15, wherein the determined range of available solar output production rates is based in part on at least one of local climatological patterns, a relative efficiency of local electrical equipment, or a degree to which volatility of supply is to be controlled.
20. The non-transitory computer readable storage medium of claim 15, wherein the indication is: received from an automatic generation control system operated by a grid balancing authority, and generated by the automatic generation control system based upon a determined frequency or a determined voltage at which the energy is being provided via the electric grid.
Claims 1, 3-9, and 11-20 are rejected on the ground of nonstatutory obviousness type double patenting as being unpatentable over claims 1-6, 8-16 and 18-20 of the parent U.S. patent 12155221. Although the claims at issue are not identical, they are not patentably distinct from each other because the US patent claims are narrower than the instant application claims.
For instance, claim 1 of the US patent encompasses claims 1 of the instant Application claimed invention. Moreover, claim 8 of the US patent encompasses claims 9 and 16 of the instant Application claimed invention. Furthermore, claim 15 of the US patent encompasses claim 17 of the instant Application claimed invention. Thus, the US patent Claims are narrower than the instant inventions claims. Therefore, it has been held in court that the generic patented invention has been anticipated by the species (US patent in this case). See In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993). In general, Claims 1, 3-9, and 11-20 of the instant Application claimed invention are encompassed by claims 1-6, 8-16 and 18-20 of the US patent as correlated in the table above.
Claim(s) 2 is rejected under 35 U.S.C. 103 as being unpatentable over US patent 12155221 as applied to claim 1 above and further in view of Bhavaraju et al (US 20110232714).
Claim 2, the US patent 12155221 teaches the system of claim 1, while inverters are common components in solar arrays to control the rate of energy output the US patent does not explicitly teach wherein actuating the first solar panel comprises causing a solar inverter associated with the first solar panel to increase, maintain, or decrease an energy output.
However, Bhavaraju teaches a system comprising a first solar panel comprises causing a solar inverter associated with the first solar panel to increase, maintain, or decrease an energy output (see Fig. 4 first solar panel 56 and inverter 52; also, see [0054] “The two inverters 52,54 then operate the respective PV arrays 56,58 at their respective peak power output. The two inverters 52,54 preferably transition between the two PV arrays 56,58 smoothly by adjusting the PV array voltages each time before disconnecting or connecting the PV arrays…”; also, see [0056], [0057]).
Therefore, it would have been obvious to one of ordinary skilled in the art before effective filing date of the claimed invention to which said subject matter pertains to have modified the US patent 12155221 invention as taught above to include a solar inverter associated with the first solar panel to increase, maintain, or decrease an energy output as taught by Bhavaraju in order to increase, maintain, or decrease an energy output of the solar panel and to convert the energy output form DC energy to AC energy which is the common power used by the grid or local load (see Fig. 4 and Fig. 11).
Claim(s) 10 is rejected under 35 U.S.C. 103 as being unpatentable over US patent 12155221 as applied to claim 9 above and further in view of Cojocaru et al (US 20130342389).
Claim 10, the US patent 12155221 teaches the computer-implemented method of claim 9, while the US patent 12155221 clearly teaches wherein the sentinel array of solar panels is in vicinity of the production array of solar panels and subjected to same environmental conditions as the production array of solar panels (see patent claim 9), it does not explicitly teach the further comprising determining that the sentinel solar panel array is in vicinity of the production solar panel array and subject to a similar environmental condition as the production solar panel array.
However, Cojacaru teaches a system comprising determining that a first solar panel array is in vicinity of a second production solar panel array and subject to a similar environmental condition as the production solar panel array (see [0033] “he central PV installation controller: a) sends a first command to one of the plurality of PV panels (the locating panel) to transmit a first locating signal using one of the plurality of directional antennas of the PV panel; b) receives a respective first one or more RSSI values from the plurality of PV panels, the first one or more RSSI values indicating a respective received strength of the first locating signal transmitted by the locating panel at respective PV panels; c) determines a first PV panel adjacent to the locating panel based on the received first plurality of RSSI values…”, thus, it determines that a first solar panels in the vicinity or adjacent to a second panel out of a plurality of panels; also, see [0085-0086] “Considering the depicted example, as the cloud passes from a first location 806 to a second location 810, the shadow moves across the panel from a first location 808 to a second location 812. The drop in power produced by panels will similarly drop. As such, the central control unit can process the power information to build a model of the panel array that matches the received power information”, the system determines that a second panel at location 812 will be subject to same conditions as first panel at location 808).
Therefore, it would have been obvious to one of ordinary skilled in the art before effective filing date of the claimed invention to which said subject matter pertains to have modified the US patent 1215521’ invention as taught above to include a step determining that a first solar panel array/sentinel panel is in vicinity of a second production solar panel array and subject to a similar environmental condition as the production solar panel array as taught by Cojacaru in order to determine the location of the panels and determine if they are in the same vicinity and generate a map of the PV panels which helps in the operation and maintenance of the PV panels (see [0087], [0089]).
Instant Application 18917816
US patent 11569665
A system, comprising:
a first solar panel communicatively coupled to a controller;
a second solar panel not controlled by the controller; and the controller configured to programmatically:
determine a range of production rates, between an upper buffer and a non-zero lower buffer of a solar output, at which the first solar panel is configured to deliver electrical energy to an electric grid based on an output of the second solar panel;
determine a time-variable usable range midpoint between the upper buffer and the non-zero lower buffer;
generate a control command based on the time-variable usable range midpoint between the upper buffer and the non-zero lower buffer; and
communicate the control command to the first solar panel to cause the first solar panel to actuate to control a rate (1) to a value within the range of production rates and (2) for delivering electrical energy to the electric grid.
2. The system of claim 1, wherein actuating the first solar panel comprises causing a solar inverter associated with the first solar panel to increase, maintain, or decrease an energy output.
3. The system of claim 1, wherein the first solar panel, the second solar panel, and the controller are arranged in a control feedback loop configuration, wherein the range of production rates is determined based on the control feedback loop.
4. The system of claim 1, wherein the second solar panel is in vicinity of the first solar panel or subject to a similar environmental condition as the first solar panel.
5. The system of claim 1, wherein the upper buffer and the time-variable usable range midpoint vary over time based on solar data.
6. The system of claim 1, wherein the controller is configured to perform at least one of: generate a second control command causing a sub-maximum rate of electrical energy, within a range between the non-zero lower buffer and a maximum rate of energy output, to be delivered; or
refuse a request for the electrical energy based on the rate at which the electrical energy is delivered being below the non-zero lower buffer.
7. The system of claim 1, wherein generating, via the controller, the control command, comprises:
determining a frequency at which the electrical energy is being provided via the electric grid; and determining, based on the frequency, the rate at which the electrical energy is delivered by the first solar panel; and
generating an indication of the rate, wherein the control command is generated based on the rate.
8. The system of claim 1, wherein the controller is configured to determine, based on historical output data of the second solar panel, the range of available production rates at which the first solar panel is predicted to deliver energy at one or more future times, wherein the control command is generated based on the range of available rates at which the first solar panel is predicted to deliver energy at the one or more future times.
9. A computer-implemented method implemented on behalf of or within a solar power facility, the computer-implemented method comprising:
receiving, via a controller, an indication of a non-zero rate of energy output to be delivered by a production solar power array communicatively coupled to the controller;
determining a range of available production rates, between an upper buffer and a non-zero lower buffer of an available solar output, for delivering energy via the production solar power array at one or more future times,
wherein the range of available production rates is determined based at least on an output of a sentinel solar power array not controlled by the controller;
determining that the non-zero rate of energy output is between the range of available production rates; and
based on the non-zero rate of energy output being between the range of available production rates, generating, via the controller, a control signal that is communicated to the production solar panel array to cause the production solar panel array to deliver a particular rate of energy output that is equal to or greater than the non-zero rate of energy output.
10. The computer-implemented method of claim 9, further comprising determining that the sentinel solar panel array is in vicinity of the production solar panel array and subject to a similar environmental condition as the production solar panel array.
11. The computer-implemented method of claim 9, comprising determining, from data associated with the production solar panel array, that the particular rate of energy output is within the range of available production rates.
12. The computer-implemented method of claim 9, wherein the sentinel solar panel array is smaller than the production solar panel array.
13. The computer-implemented method of claim 9, further comprising: delivering each of (a) a maximum rate of energy output and (b) one or more sub-maximum rates of energy output, each of the one or more sub-maximum rates being are at a different point in a range between the non-zero lower buffer and the maximum rate of energy output,
controlling the controller to cause the production solar panel array to deliver a sub-maximum rate of energy output; and
controlling the controller to refuse a request for energy in response to the indication of the non-zero rate of energy output being below the non-zero lower buffer.
14. The computer-implemented method of claim 9, wherein the range of available production rates is further determined based on historical data associated with past outputs of the sentinel solar panel array.
15. The computer-implemented method of claim 9, further comprising: determining a frequency at which the energy is being provided via an electric grid; determining, based on the frequency, the particular rate of energy output; and generating an indication of the particular rate of energy output, wherein the control signal comprises the indication of the particular rate of energy output.
16. The computer-implemented method of claim 9, wherein the upper buffer varies over time in accordance with solar data.
17. A non-transitory computer readable storage medium with instructions stored thereon that, when executed by a computing system, cause the computing system to perform operations comprising:
receiving an indication of a rate of energy output to be delivered by a production solar panel array communicatively coupled to a power controller;
determining, based on an output of a sentinel solar panel array not controlled by the power controller, a range of available solar output production rates, between a time-dependent upper buffer and a non-zero lower buffer, for delivering the energy via the production solar panel array at one or more future times; and
controlling the power controller to cause the production solar panel array to deliver to an electric grid a particular rate of energy output that (1) is equal to or greater than the rate of energy to be delivered by the production solar panel array and that (2) is determined based on the range of available solar output production rates.
18. The non-transitory computer readable storage medium of claim 17, wherein the sentinel solar panel array is in vicinity of the production solar panel array and subjected to a similar environmental condition as the production solar panel array.
19. The non-transitory computer readable storage medium of claim 17, the operations further comprising:
determining a frequency at which the energy is being provided via the electric grid; and
generating, using a droop curve and based on the determined frequency, the indication of the rate of energy output to power the production solar panel array (see patent claim 16).
20. The non-transitory computer readable storage medium of claim 17, wherein the range of available solar output production rates is determined based on at least one of local climatological patterns, a relative efficiency of local electrical equipment, or a degree to which volatility of supply is to be controlled, and
wherein the indication of the rate of energy output is: received from an automatic generation control system operated by a grid balancing authority, and generated by the automatic generation control system based upon a determined frequency or a determined voltage at which the energy is being provided via the electric grid.
An apparatus, comprising:
first solar panels;
a controller configured to: couple to the first solar panels to receive electrical energy from the first solar panels;
couple to an electrical grid to provide electrical energy to the electrical grid; and control a rate at which electrical energy is delivered to the electrical grid based on a request indicating a rate of energy output sought from the first solar panels;
second solar panels independent of control by the controller, wherein the second solar panels are configured to be in vicinity of the first solar panels so as to be subjected to same environmental conditions as the first solar panels; and
a production assessment subsystem that determines a range of available production rates, between an upper buffer and a non-zero lower buffer of an available solar output, at which the first solar panels are likely to be able to deliver energy based on present output of the second solar panels, and
determines a usable range midpoint between the upper buffer and the non-zero lower buffer, wherein the upper buffer and the usable range midpoint vary over time in accordance with solar data;
wherein the rate controlled by the controller is determined to be within the range of available production rates.
Claim 1, first solar panels, second solar panels, and controller, wherein the controller connected/coupled to first solar panels and configured to control the first solar panels based on a command, wherein the command is based on power output measured from second solar panel, (thus it teaches or suggests the subject matter of claim 3)
See claim 1 “wherein the second solar panels are configured to be in vicinity of the first solar panels so as to be subjected to same environmental conditions as the first solar panels
See claim 1, wherein the upper buffer and the usable range midpoint vary over time in accordance with solar data;
The apparatus of claim 1, wherein the controller is controllable to deliver a sub-maximum rate of energy output that is in a range between the lower buffer and a maximum rate of energy output, wherein the controller is controllable to refuse the request if the rate of energy output sought is below the lower buffer.
The apparatus of claim 1, further comprising: a frequency analyzer adapted
to determine a frequency at which energy is being provided via the grid; and
a request generation subsystem that generates the request received by the controller to include the indication of the rate of energy output sought from the first solar panels based on the frequency determined by the frequency analyzer.
4. The apparatus of claim 1, wherein the production assessment subsystem determines the range of available production rates at which the first solar panels are likely to be able to deliver energy at one or more times in the future based on past and the present output of the second solar panels.
6. A computer-implemented method for determining a rate at which a solar panel is able to deliver energy, the method comprising: receiving an indication of a rate of energy output needed from a production array of solar panels, the received indication indicating a nonzero rate of energy output;
controlling a controller to which the production array of solar panels is coupled to deliver to an electrical grid to which the controller is coupled a particular rate of energy output; and
determining a range of available production rates, between an upper buffer and a non-zero lower buffer of an available solar output, at which the production array is likely to be able to deliver energy at one or more points in the future, wherein the determining is based on present output of a sentinel array of solar panels, and
wherein the sentinel array of solar panels is configured to be in vicinity of the first solar panels so as to be subjected to same environmental conditions as the production array, wherein the upper buffer varies over time in accordance with solar data, and
wherein the particular rate of energy output is determined to be within the range of available production rates from the production array of solar panels.
See claim 6 wherein the sentinel array of solar panels is configured to be in vicinity of the first solar panels so as to be subjected to same environmental conditions as the production array,
See claim 6 “wherein the particular rate of energy output is determined to be within the range of available production rates from the production array of solar panels.
7. The method of claim 6, wherein the sentinel array of solar panels is smaller than the production array of solar panels.
8. The method of claim 6, wherein the controller is controllable to deliver each of (a) a maximum rate of energy output and (b) one or more sub-maximum rates of energy output that is each at a different point in a range between the lower buffer and the maximum rate of energy output, the method further comprising:
controlling the controller to deliver a sub-maximum rate of energy output.
9. The method of claim 8, further comprising refusing a request with the indication of a rate of energy output needed that is below the lower buffer.
10. The method of claim 6, wherein the determining is further based on past output of the sentinel array of solar panels.
11. The method of claim 6, further comprising: determining a frequency at which energy is being provided via the grid; and generating the received indication of the rate of energy output needed from the production array based on the determined frequency.
See claim 6 above, “wherein the upper buffer varies over time in accordance with solar data”,
12. A non-transitory computer readable storage medium with instructions stored thereon that, when executed by a computing system, perform a method for determining a rate at which a solar panel is able to deliver energy, the method comprising:
receiving an indication of a rate of energy output sought from a production array of solar panels;
controlling a power controller to which the production array of solar panels is coupled to deliver to an electrical grid to which the controller is coupled a particular rate of energy output that is based on the indicated rate of energy output; and
determining a range of available production rates, between an upper buffer and a non-lower buffer of an available solar output, at which the production array of solar panels is likely to be able to deliver energy at one or more points in the future, wherein the determining is based on present output of a sentinel array of solar panels, wherein the sentinel array of solar panels is not controlled by the controller,
wherein the sentinel array of solar panels is configured to be in vicinity of the first solar panels so as to be subjected to same environmental conditions as the production array,
wherein the upper buffer varies over time in accordance with solar data, and wherein the particular rate controlled by the controller is determined to be within the range of available production rates from the production array of solar panels.
See claim 12 wherein the sentinel array of solar panels is configured to be in vicinity of the first solar panels so as to be subjected to same environmental conditions as the production array,
15. The non-transitory computer readable storage medium of claim 12, the method further comprising: determining a frequency at which energy is being provided via the grid; and generating the received indication of the rate of energy output sought from the production array based on the determined frequency.
16. The non-transitory computer readable storage medium of claim 15, wherein the generating is performed using a droop curve.
17-18. The non-transitory computer readable storage medium of claim 12, wherein the received indication is received from an automatic generation control system operated by a grid balancing authority, wherein the received indication is generated by the automatic generation control system based upon a determined frequency or a determined voltage at which energy is being provided via the electrical grid.
19. The non-transitory computer readable storage medium of claim 17, wherein the received indication is generated by the automatic generation control system based upon analysis of energy being delivered to and from the electrical grid.
20. The non-transitory computer readable storage medium of claim 12, wherein the determined range of available production rates is based in part on one or more of local climatological patterns, a relative efficiency of local electrical equipment, and a degree to which volatility of supply is to be controlled.
Claims 1, 3-9, and 11-20 are rejected on the ground of nonstatutory obviousness type double patenting as being unpatentable over claims 1-4, 6-12 and 15-20 of U.S. patent 11569665. Although the claims at issue are not identical, they are not patentably distinct from each other because the US patent claims are narrower than the instant application claims.
For instance, claim 1 of the US patent encompasses claims 1 of the instant Application claimed invention. Moreover, claim 6 of the US patent encompasses claims 9-11 and 16 of the instant Application claimed invention. Furthermore, claim 12 of the US patent encompasses claim 17 of the instant Application claimed invention. Thus, the US patent Claims are narrower than the instant inventions claims. Therefore, it has been held in court that the generic patented invention has been anticipated by the species (US patent in this case). See In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993). In general, Claims 1, 3-9, and 11-20 of the instant Application claimed invention are encompassed by claims 1-4, 6-12 and 15-20 of the US patent as correlated in the table above.
Claim(s) 2 is rejected under 35 U.S.C. 103 as being unpatentable over US patent 11569665 as applied to claim 1 above and further in view of Bhavaraju et al (US 20110232714).
Claim 2, the US patent 11569665 teaches the system of claim 1, while inverters are common components in solar arrays to control the rate of energy output the US patent does not explicitly teach wherein actuating the first solar panel comprises causing a solar inverter associated with the first solar panel to increase, maintain, or decrease an energy output.
However, Bhavaraju teaches a system comprising a first solar panel comprises causing a solar inverter associated with the first solar panel to increase, maintain, or decrease an energy output (see Fig. 4 first solar panel 56 and inverter 52; also, see [0054] “The two inverters 52,54 then operate the respective PV arrays 56,58 at their respective peak power output. The two inverters 52,54 preferably transition between the two PV arrays 56,58 smoothly by adjusting the PV array voltages each time before disconnecting or connecting the PV arrays…”; also, see [0056], [0057]).
Therefore, it would have been obvious to one of ordinary skilled in the art before effective filing date of the claimed invention to which said subject matter pertains to have modified the US patent 11569665 invention as taught above to include a solar inverter associated with the first solar panel to increase, maintain, or decrease an energy output as taught by Bhavaraju in order to increase, maintain, or decrease an energy output of the solar panel and to convert the energy output form DC energy to AC energy which is the common power used by the grid or local load (see Fig. 4 and Fig. 11).
Claim(s) 10 is rejected under 35 U.S.C. 103 as being unpatentable over US patent 11569665 as applied to claim 9 above and further in view of Cojocaru et al (US 20130342389).
Claim 10, the US patent 11569665 teaches the computer-implemented method of claim 9, while the US patent 11569665 clearly teaches wherein the sentinel array of solar panels is in vicinity of the production array of solar panels and subjected to same environmental conditions as the production array of solar panels (see patent claim 9), it does not explicitly teach the further comprising determining that the sentinel solar panel array is in vicinity of the production solar panel array and subject to a similar environmental condition as the production solar panel array.
However, Cojacaru teaches a system comprising determining that a first solar panel array is in vicinity of a second production solar panel array and subject to a similar environmental condition as the production solar panel array (see [0033] “he central PV installation controller: a) sends a first command to one of the plurality of PV panels (the locating panel) to transmit a first locating signal using one of the plurality of directional antennas of the PV panel; b) receives a respective first one or more RSSI values from the plurality of PV panels, the first one or more RSSI values indicating a respective received strength of the first locating signal transmitted by the locating panel at respective PV panels; c) determines a first PV panel adjacent to the locating panel based on the received first plurality of RSSI values…”, thus, it determines that a first solar panels in the vicinity or adjacent to a second panel out of a plurality of panels; also, see [0085-0086] “Considering the depicted example, as the cloud passes from a first location 806 to a second location 810, the shadow moves across the panel from a first location 808 to a second location 812. The drop in power produced by panels will similarly drop. As such, the central control unit can process the power information to build a model of the panel array that matches the received power information”, the system determines that a second panel at location 812 will be subject to same conditions as first panel at location 808).
Therefore, it would have been obvious to one of ordinary skilled in the art before effective filing date of the claimed invention to which said subject matter pertains to have modified the US patent 11569665’s invention as taught above to include a step determining that a first solar panel array/sentinel panel is in vicinity of a second production solar panel array and subject to a similar environmental condition as the production solar panel array as taught by Cojacaru in order to determine the location of the panels and determine if they are in the same vicinity and generate a map of the PV panels which helps in the operation and maintenance of the PV panels (see [0087], [0089]).
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 10 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 10 recites “comprising determining that the sentinel solar panel array is in vicinity of the production solar panel array and subject to a similar environmental condition as the production solar panel array”. These limitations do not have sufficient support in the disclosure as originally filed.
The claim invention disclosure does not teach or suggest any determination of a location/position of a sentinel array with respect to a production solar panel array/ (larger array) and a determination that the sentinel solar panel is subject to the same weather or similar environmental conditions. The invention teaches that a controller is coupled to a controlled solar panel (Fig. 1 160/170) and also connected to the sentinel PV solar array (see Fig. 1 sentinel PV 110). The disclosure clearly teaches that sentinel is located adjacent to the larger array of solar PV panels (see [0044]). However, the disclosure does not teach the hardware or steps to perform the functions of claim 10.
Lack of Prior art rejections/Reasons for allowance
Provided that the rejections of claims 1-20 under double patenting rejections are
overcome via a terminal disclaimer or proper amendments and the rejections of
claim 10 under 35 USC 112(a) are overcome, the claims could be allowed.
The parent Application/patents were allowed for specific combination of
limitations which are recited in the instant Application subject matter and which were not taught or suggested by the prior art of record as cited in the IDS and previously cited.
The following is an examiners statement of indication of allowable subject
matter:
None of the references cited in the IDS or cited by the Examiner, alone or in combination, explicitly teach the combination of limitations when combined with the other claimed limitations of Claim 1 including A system, comprising:
"…determine a range of production rates, between an upper buffer and a non-zero lower buffer of a solar output, at which the first solar panel is configured to deliver electrical energy to an electric grid based on an output of the second solar panel;
determine a time-variable usable range midpoint between the upper buffer and the non-zero lower buffer;
generate a control command based on the time-variable usable range midpoint between the upper buffer and the non-zero lower buffer; and
communicate the control command to the first solar panel to cause the first solar panel to actuate to control a rate (1) to a value within the range of production rates and (2) for delivering electrical energy to the electric grid".
None of the references cited in the IDS or cited by the Examiner, alone or in combination, explicitly teach the combination of limitations when combined with the other claimed limitations of Claim 9 including, the computer-implemented method comprising:
“…receiving, via a controller, an indication of a non-zero rate of energy output to be delivered by a production solar power array communicatively coupled to the controller;
determining a range of available production rates, between an upper buffer and a non-zero lower buffer of an available solar output, for delivering energy via the production solar power array at one or more future times, wherein the range of available production rates is determined based at least on an output of a sentinel solar power array not controlled by the controller;
determining that the non-zero rate of energy output is between the range of available production rates; and based on the non-zero rate of energy output being between the range of available production rates, generating, via the controller, a control signal that is communicated to the production solar panel array to cause the production solar panel array to deliver a particular rate of energy output that is equal to or greater than the non-zero rate of energy output”.
None of the references cited in the IDS or cited by the Examiner, alone or in combination, explicitly teach the combination of limitations when combined with the other claimed limitations of Claim 17 including a non-transitory computer readable storage medium with instructions stored thereon that, when executed by a computing system, cause the computing system to perform operations comprising:
“…receiving an indication of a rate of energy output to be delivered by a production solar panel array communicatively coupled to a power controller;
determining, based on an output of a sentinel solar panel array not controlled by the power controller, a range of available solar output production rates, between a time-dependent upper buffer and a non-zero lower buffer, for delivering the energy via the production solar panel array at one or more future times; and
controlling the power controller to cause the production solar panel array to deliver to an electric grid a particular rate of energy output that (1) is equal to or greater than the rate of energy to be delivered by the production solar panel array and that (2) is determined based on the range of available solar output production rates”.
Dependent claims 2-8, 10-16, and 18-20 would be allowable at least based on its
dependency of the allowable claims above.
Relevant Art cited by The Examiner
The following prior art made of record and not relied upon is cited to establish the level of skill in the Applicant’s art and those art considered reasonably pertinent to Applicant’s disclosure (see MPEP 707.05c).
The prior art of record cited in the IDS:
Jain et al (US 20130131884) in view of Fujii et al (JP 2015138912 as supported by the machine translation), Matsuura et al (US 20130328406), and Geinzer et al (US 8,914,158), McCullough et al (US 20160276834) and Kawano et al (US 20170018930), neither anticipates nor renders obvious the above-recited combinations.
Higashitani et al (US 20170240162), Aso et al (US 8119298) and Fuji et al (Fault ride through capability for solar inverters) alone or in combination teach that the limitations of claims 6 an inverter to refuse a request for the delivery energy when the request of energy is for a rate of energy that is below a non-zero lower buffer/lower limit allowed (see Higashitani [0010] and [0014]; also, see Aso claim 10 in page 10; and see Fuji (fig. 2 page 2). This combination of references, does not teach the combination of limitations as recited in the claims 1, 8, and 15.
Zheng et al (US 20150188401) teaches an inverter refusing a request for the delivery energy when the request of energy is for a rate of energy that is below a non-zero lower buffer/lower limit allowed for the inverter (see [0006]).
The claimed subject matter invention is about predicting future useable power
ranges for a set of second solar panels panel that would be available based on data
collected from a first set of solar panels. The invention involves forecasting ranges and
levels of power available including defining/determining/predicting upper buffer/ranges
(reserve power/spinning reserve curves), wherein the upper ranges and useable ranges
are dynamically calculated and they change based on the collected data over time as
claimed. The calculation of midpoint between the upper buffer and lower buffer, could
be used by AGC control systems as a baseline for increasing or decreasing power
available above the baseline/midpoint. The upper buffer is highly used in ancillary
services and regulatory services. The lower buffer is a limit which could be used to
avoid damages to inverter or prevent damage to inverters (it is not in the disclosure but I
have seen it in other references). Thus, having sentinel arrays provides the benefits that
measurements for each of a plurality of solar panels is avoided. The power delivered
from the solar panels is bounded by the upper and lower buffer ranges dynamically changing, which provides safety to inverters based on the minimum values, and provides an upper buffer that allows the system to have extra or reserve power in case the AGC or utility requires momentary ancillary power services.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OLVIN LOPEZ ALVAREZ whose telephone number is (571) 270-7686 and fax (571) 270-8686. The examiner can normally be reached Monday thru Friday from 9:00 A.M. to 6:00 P.M.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Robert Fennema, can be reached at (571) 272-2748. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/O. L./
Examiner, Art Unit 2117
/ROBERT E FENNEMA/Supervisory Patent Examiner, Art Unit 2117
