DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on XXXXXXXXXXXXXX has been entered.
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 Claims
Claims 1-20 are canceled.
Claims 21-40 are new.
Claims 21-40 are pending and have been examined.
This action is in reply to the papers filed on 11/21/2024 (effective filing date 09/29/2020).
Information Disclosure Statement
The information disclosure statement(s) submitted: 11/21/2024 and 12/27/2024, has/have been considered by the Examiner and made of record in the application file.
Preliminary Amendment
The present Office Action is based upon the original patent application filed on 11/21/2024 as modified by the preliminary amendment filed on 01/28/2025.
Terminal Disclaimer
The terminal disclaimer filed on xxx disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of US Pat. No. 12,190,396 has been reviewed and has been placed in the file.
Double Patenting - Withdrawn
The double patenting rejection is withdrawn per the filed terminal disclaimer noted above.
Reasons For Allowance
Prior-Art Rejection withdrawn
Claims xxx are allowed. The closest prior art (See PTO-892, Notice of References Cited) does not teach the claimed:
The closest prior-art (xxx) teach the features as disclosed in Non-final Rejection (xxxx), however, these cited references do not teach and the prior-art does not teach at least the following combination of features and/or elements:
determining, at a second time after associating the information corresponding to the first loyalty card with the logged location, that a second user computing device is located within a specified distance of the logged location using a second positioning system of the second user computing device; in response to determining that the second user computing device is located within the specified distance of the logged location of the first user computing device at the first time of detecting: retrieving information corresponding to a second loyalty card, the second loyalty card being associated with the merchant and the second user computing device; and displaying, by the second user computing device, data describing the second loyalty card.
Claim Rejections - 35 USC §101 - Withdrawn
Per Applicant’s amendments and arguments and considering new guidance in the MPEP, the rejections are withdrawn. Specifically, in Applicant’s Remarks (dated 03/14/2017, pgs. 8-11), Applicant traverses the 35 USC §101 rejections arguing that the amended claims recite new limitations that are not abstract, amount to significantly more, are directed to a practical application, etc… For example, Applicant argues….
In support of their arguments, Applicant cites to the following recent Fed. Cir. court cases (i.e., Alice Corp. v. CLS Bank Int’l, SRI Int’l, Inc. v. Cisco Systems, Inc., Ultramercial, Inc. v. Hulu, LLC, Berkheimer, Core Wireless, McRO, Enfish, Bascom, DDR, etc…).
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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-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 www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 21-40 are rejected on the ground of anticipatory-nonstatutory double patenting as being unpatentable over claims 1-16 of U.S. Patent No. 12,190,396.
18/954,587 – Claim 21 (New): An apparatus communicably connected with an intermediary server via a network, the apparatus comprising:
US 12,190,396 – Claim 1. A system, comprising: an intermediary server including first circuitry; and
18/954,587 – Claim 21 circuitry configured to: perform distributed processing with other apparatuses in a distributed ledger system;
US 12,190,396 – Claim 1. a computer including second circuitry configured to: operate in a distributed ledger system by performing distributed processing with other computers in the distributed ledger system;
18/954,587 – Claim 21 receive supply information indicating a supply of energy by a supplier; generate, using the supply information, first information for tracking energy; generate second information using the first information, the second information indicating an owner of the energy and a production method used for producing the energy;
US 12,190,396 – Claim 1. in response to supply information indicating a supply of energy by a supplier, generate first information for tracking energy that instructs generation of second information, the second information indicating an owner of the energy and a production method used for producing the energy;
18/954,587 – Claim 21 receive, from the intermediary server, a request for changing the second information, the request being generated by the intermediary server in response to receiving usage information indicating a usage of the energy by a user; determine, in response to reception of the request, whether ownership of the energy in the second information has not been changed from an original owner to the user; and
US 12,190,396 – Claim 1. in response to usage information indicating a usage of the energy by a user, determine whether ownership of the energy in the second information has not been changed from a previous owner to the user, and
18/954,587 – Claim 21 based on a determination that the ownership of the energy in the second information has not been changed, generate, using the usage information, other first information for tracking energy, wherein the other first information is used to change ownership of the energy in the second information from the original owner to the user.
US 12,190,396 – Claim 1. based on a determination that the ownership of the energy in the second information has not been changed, generate other first information for tracking energy, wherein the other first information instructs a change of ownership of the energy in the second information from the previous owner to the user, the first circuitry and the second circuitry together track an exchange of energy, and the first circuitry is configured to coordinate, using the first information and the second information, a transfer of ownership of energy between the supplier and the user, and transmit, to the second circuitry, a request for changing the second information in response to the usage information.
18/954,587 – Claim 22 (New): The apparatus of claim 21, wherein the circuitry is further configured to store the second information in a memory.
US 12,190,396 – Claim 2. The system of claim 1, wherein the second circuitry is further configured to store the second information in a memory.
18/954,587 – Claim 23 (New): The apparatus of claim 22, wherein the memory stores a plurality of items of second information, and the circuitry is further configured to: select, from among the plurality of items of second information stored in the memory, particular second information indicating a particular production method of the energy, indicated by usage information indicating a usage of the energy by a particular user; and change an ownership of the energy in the particular second information, from a previous owner to the particular user, according to corresponding other first information that is generated based on a determination that ownership of the energy in the particular second information has not been changed.
US 12,190,396 – Claim 3. The system of claim 2, wherein the second circuitry is further configured to: select, from among all items of second information stored in the memory, particular second information indicating a particular production method of the energy, indicated by usage information indicating a usage of the energy by a particular user; and change the ownership of the energy in the particular second information, from the previous owner to the particular user, according to corresponding other first information that is generated based on a determination that ownership of the energy in the particular second information has not been changed.
18/954,587 – Claim 24 (New): The apparatus of claim 23, wherein the circuitry is further configured to, based on a determination that the ownership of the energy in the second information has been changed: select, from the plurality of items of second information stored in the memory, other second information different from the particular second information, the other second information indicating a production method of the energy that is different than the particular production method of the energy; and change an ownership of the energy in the other second information, from a previous owner to a corresponding user indicated in usage information corresponding to the other second information.
US 12,190,396 – Claim 4. The system of claim 3, wherein the second circuitry is further configured to, based on a determination that the ownership of the energy in the second information has been changed: select, from among all of the items of second information stored in the memory, other second information other than the particular second information, the other second information indicating a production method of the energy that is different than the particular production method of the energy; and change an ownership of the energy in the other second information, from a previous owner to a corresponding user indicated in usage information corresponding to the other second information.
18/954,587 – Claim 25 (New): The apparatus of claim 21, wherein the second information indicates that the production method for producing the energy uses any of a renewable source, fossil fuels, and nuclear power.
US 12,190,396 – Claim 5. The system of claim 1, wherein the second circuitry is configured to generate the second information, and the second information indicates that the production method of the energy is one of a production of energy using a renewable source, a production of energy using fossil fuels, and a production of energy using nuclear power.
18/954,587 – Claim 26 (New): The apparatus of claim 25, wherein in a case that the production method for producing the energy uses the renewable source, the circuitry is further configured to generate the second information indicating that the renewable source is one of solar light or solar heat, wind power, biomass, geothermal power, hydropower, heat in the atmosphere, or a combination thereof.
US 12,190,396 – Claim 6. The system of claim 5, wherein in a case that the production method of the energy is a production of energy using a renewable source, the second circuitry is further configured to generate the second information indicating that the renewable source is one of solar light or solar heat, wind power, biomass, geothermal power, hydropower, heat in the atmosphere, or a combination thereof.
18/954,587 – Claim 27 (New): The apparatus of claim 21, wherein the circuitry is further configured to: store the first information and the second information in a memory; and transmit the first information to one or more of the other apparatuses in the distributed ledger system, each of the one or more of the other apparatuses is configured to generate the second information according to the first information.
US 12,190,396 – Claim 7. The system of claim 1, wherein the second circuitry is further configured to: store the first information and the second information in a memory; and transmit the first information to one or more other computers residing on the distributed ledger system, each of the one or more computers being configured to generate the second information according to the first information.
18/954,587 – Claim 28 (New): The apparatus of claim 21, further comprising: a memory, wherein the circuitry is further configured to: store the first information and the second information in the memory; and transmit, via the network, the first information to another apparatus of the distributed ledger system, the other apparatus being configured to generate the second information according to the first information.
US 12,190,396 – Claim 8. The system of claim 1, further comprising: a memory, wherein the second circuitry is further configured to: store the first information and the second information in the memory; and transmit, via a network, the first information to another system of the distributed ledger system, the other system being configured to generate the second information according to the first information.
18/954,587 – Claim 29 (New): The apparatus of claim 28, wherein the circuitry is further configured to transmit the first information and the second information to the intermediary server via the network, and the circuitry and the intermediary server communicate to track an exchange of energy.
US 12,190,396 – Claim 10. The system of claim 8, wherein the second circuitry is further configured to transmit the first information and the second information to the intermediary server via the network, and the second circuitry and the intermediary server communicate to track the exchange of energy.
18/954,587 – Claim 30 (New): The apparatus of claim 29, wherein the circuitry transmits the first information and the second information to the intermediary server in response to receiving the request.
US 12,190,396 – Claim 11. The system of claim 10, wherein the second circuitry transmits the first information and the second information to the intermediary server in response to receiving the request for changing the second information from the intermediary server.
18/954,587 – Claim 31 (New): The apparatus of claim 21, wherein the circuitry is further configured to transmit, to the intermediary server, a response to the request, the response indicating a result of the circuitry determining whether the ownership of the energy in the second information has not been changed from the original owner to the user.
US 12,190,396 – Claim 1. in response to usage information indicating a usage of the energy by a user, determine whether ownership of the energy in the second information has not been changed from a previous owner to the user
The remaining independent claims contain feature similar to that of claim 1 and are rejected accordingly. The dependent claims are further rejected for their dependency upon a rejected independent base claim.
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 21-40 are rejected under 35 U.S.C. § 101 as being directed to non-statutory subject matter because the claimed invention is directed to an abstract idea without significantly more. These claims recite a method, system/apparatus, and computer readable medium for tracking energy usage and ownership.
Claim 32 recites [a] method for an apparatus communicably connected with an intermediary server via a network, the method comprising: performing, by circuitry of the apparatus, distributed processing with other apparatuses in a distributed ledger system; receiving supply information indicating a supply of energy by a supplier; generating, by the circuitry using the supply information, first information for tracking energy; generating, by the circuitry, second information using the first information, the second information indicating an owner of the energy and a production method used for producing the energy; receiving, from the intermediary server, a request for changing the second information, the request being generated by the intermediary server in response to receiving usage information indicating a usage of the energy by a user; determining, by the circuitry in response to reception of the request, whether ownership of the energy in the second information has not been changed from an original owner to the user; and based on a determination that the ownership of the energy in the second information has not been changed, generating, by the circuitry using the usage information, other first information for tracking energy, wherein the other first information is used to change ownership of the energy in the second information from the original owner to the user.
The claims are being rejected according to the 2019 Revised Patent Subject Matter Eligibility Guidance (Federal Register, Vol. 84, No. 5, p. 50-57 (Jan. 7, 2019)).
Step 1: Does the Claim Fall within a Statutory Category?
Yes. Claims 32-39 recite a method and, therefore, are directed to the statutory class of a process. Claims 21-31 recite a system/apparatus and, therefore, are directed to the statutory class of machine. Claim 40 recite a non-transitory computer readable medium/computer product and, therefore, are directed to the statutory class of a manufacture.
Step 2A, Prong One: Is a Judicial Exception Recited?
Yes. The following tables identify the specific limitations that recite an abstract idea. The column that identifies the additional elements will be relevant to the analysis in step 2A, prong two, and step 2B.
Claim 32: Identification of Abstract Idea and Additional Elements, using Broadest Reasonable Interpretation
Claim Limitation
Abstract Idea
Additional Element
32 (New): A method for an apparatus communicably connected with an intermediary server via a network, the method comprising:
This limitation includes the step(s) of: A method for an apparatus communicably connected with an intermediary server via a network.
But for the apparatus and/or server, this limitation is directed to processing and/or communicating known information in order to track energy usage and ownership which may be categorized as any of the following:
mental process – concepts performed in the human mind (including an observation, evaluation, judgment, opinion)
and/or
certain method of organizing human activity –
fundamental economic principles or practices (including hedging, insurance, mitigating risk), and/or
commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations).
A method for an apparatus communicably connected with an intermediary server via a network
performing, by circuitry of the apparatus, distributed processing with other apparatuses in a distributed ledger system;
This limitation includes the step(s) of: performing, by circuitry of the apparatus, distributed processing with other apparatuses in a distributed ledger system.
But for the apparatus and/or server, this limitation is directed to processing and/or communicating known information in order to track energy usage and ownership which may be categorized as any of the following:
mental process – concepts performed in the human mind (including an observation, evaluation, judgment, opinion)
and/or
certain method of organizing human activity –
fundamental economic principles or practices (including hedging, insurance, mitigating risk), and/or
commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations).
performing, by circuitry of the apparatus, distributed processing…
receiving supply information indicating a supply of energy by a supplier;
This limitation includes the step(s) of: receiving supply information indicating a supply of energy by a supplier.
No additional elements are positively claimed.
This limitation is directed to processing and/or communicating known information in order to track energy usage and ownership which may be categorized as any of the following:
mental process – concepts performed in the human mind (including an observation, evaluation, judgment, opinion)
and/or
certain method of organizing human activity –
fundamental economic principles or practices (including hedging, insurance, mitigating risk), and/or
commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations).
No additional elements are positively claimed.
generating, by the circuitry using the supply information, first information for tracking energy;
This limitation includes the step(s) of: generating, by the circuitry using the supply information, first information for tracking energy.
No additional elements are positively claimed.
This limitation is directed to processing and/or communicating known information in order to track energy usage and ownership which may be categorized as any of the following:
mental process – concepts performed in the human mind (including an observation, evaluation, judgment, opinion)
and/or
certain method of organizing human activity –
fundamental economic principles or practices (including hedging, insurance, mitigating risk), and/or
commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations).
No additional elements are positively claimed.
generating, by the circuitry, second information using the first information, the second information indicating an owner of the energy and a production method used for producing the energy;
This limitation includes the step(s) of: generating, by the circuitry, second information using the first information, the second information indicating an owner of the energy and a production method used for producing the energy.
No additional elements are positively claimed.
This limitation is directed to processing and/or communicating known information in order to track energy usage and ownership which may be categorized as any of the following:
mental process – concepts performed in the human mind (including an observation, evaluation, judgment, opinion)
and/or
certain method of organizing human activity –
fundamental economic principles or practices (including hedging, insurance, mitigating risk), and/or
commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations).
No additional elements are positively claimed.
receiving, from the intermediary server, a request for changing the second information, the request being generated by the intermediary server in response to receiving usage information indicating a usage of the energy by a user;
This limitation includes the step(s) of: receiving, from the intermediary server, a request for changing the second information, the request being generated by the intermediary server in response to receiving usage information indicating a usage of the energy by a user.
But for the apparatus and/or server, this limitation is directed to processing and/or communicating known information in order to track energy usage and ownership which may be categorized as any of the following:
mental process – concepts performed in the human mind (including an observation, evaluation, judgment, opinion)
and/or
certain method of organizing human activity –
fundamental economic principles or practices (including hedging, insurance, mitigating risk), and/or
commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations).
receiving, from the intermediary server, a request for changing the second information…
determining, by the circuitry in response to reception of the request, whether ownership of the energy in the second information has not been changed from an original owner to the user; and
This limitation includes the step(s) of: determining, by the circuitry in response to reception of the request, whether ownership of the energy in the second information has not been changed from an original owner to the user.
No additional elements are positively claimed.
This limitation is directed to processing and/or communicating known information in order to track energy usage and ownership which may be categorized as any of the following:
mental process – concepts performed in the human mind (including an observation, evaluation, judgment, opinion)
and/or
certain method of organizing human activity –
fundamental economic principles or practices (including hedging, insurance, mitigating risk), and/or
commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations).
No additional elements are positively claimed.
based on a determination that the ownership of the energy in the second information has not been changed, generating, by the circuitry using the usage information, other first information for tracking energy, wherein the other first information is used to change ownership of the energy in the second information from the original owner to the user.
This limitation includes the step(s) of: based on a determination that the ownership of the energy in the second information has not been changed, generating, by the circuitry using the usage information, other first information for tracking energy, wherein the other first information is used to change ownership of the energy in the second information from the original owner to the user.
No additional elements are positively claimed.
But for the apparatus and/or server, this limitation is directed to processing and/or communicating known information in order to track energy usage and ownership which may be categorized as any of the following:
mental process – concepts performed in the human mind (including an observation, evaluation, judgment, opinion)
and/or
certain method of organizing human activity –
fundamental economic principles or practices (including hedging, insurance, mitigating risk), and/or
commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations).
No additional elements are positively claimed.
As shown above, under Step 2A, Prong One, the claims recite a judicial exception (an abstract idea). The claims are directed to the abstract idea of tracking energy usage and ownership, which, pursuant to MPEP 2106.04, is aptly categorized as a mental process and/or a method of organizing human activity. Therefore, under Step 2A, Prong One, the claims recite a judicial exception.
Next, the aforementioned claims recite additional functional elements that are associated with the judicial exception, including: server for processing information. Examiner understands these limitations to be insignificant extrasolution activity. (See Accenture, 728 F.3d 1336, 108 U.S.P.Q.2d 1173 (Fed. Cir. 2013), citing Cf. Diamond v. Diehr, 450 U.S. 175, 191-192 (1981) ("[I]nsignificant post-solution activity will not transform an unpatentable principle in to a patentable process.”).
The aforementioned claims also recite additional technical elements including: a “server and apparatus” to execute the method and system/apparatus and, a “non-transitory computer-readable medium” for storing executable instructions. These limitations are recited at a high level of generality and appear to be nothing more than generic computer components. Claims that amount to nothing more than an instruction to apply the abstract idea using a generic computer do not render an abstract idea eligible. Alice Corp., 134 S. Ct. at 2358, 110 USPQ2d at 1983. See also 134 S. Ct. at 2389, 110 USPQ2d at 1984.
Step 2A, Prong Two: Is the Abstract Idea Integrated into a Practical Application?
No. The judicial exception is not integrated into a practical application. The additional elements listed above that relate to computing components are recited at a high level of generality (i.e., as generic components performing generic computer functions such as communicating, receiving, processing, analyzing, and outputting/displaying data) such that they amount to no more than mere instructions to apply the exception using generic computing components. Simply implementing the abstract idea on a generic computer is not a practical application of the abstract idea. Additionally, the claims do not purport to improve the functioning of the computer itself. There is no technological problem that the claimed invention solves. Rather, the computer system is invoked merely as a tool. Accordingly, the 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. Therefore, these claims are directed to an abstract idea.
Furthermore, looking at the elements individually and in combination, under Step 2A, Prong Two, the claims as a whole do not integrate the judicial exception into a practical application because they fail to: improve the functioning of a computer or a technical field, apply the judicial exception in the treatment or prophylaxis of a disease, apply the judicial exception with a particular machine, effect a transformation or reduction of a particular article to a different state or thing, or apply the judicial exception beyond generally linking the use of the judicial exception to a particular technological environment. Rather, the claims merely use a computer as a tool to perform the abstract idea(s), and/or add insignificant extra-solution activity to the judicial exception, and/or generally link the use of the judicial exception to a particular technological environment.
Step 2B: Does the Claim Provide an Inventive Concept?
Next, under Step 2B, the claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional elements, when considered both individually and as an ordered combination, do not amount to significantly more than the abstract idea. Furthermore, looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually. Simply put, as noted above, there is no indication that the combination of elements improves the functioning of a computer (or any other technology), and their collective functions merely provide conventional computer implementation. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements relating to computing components amount to no more than applying the exception using a generic computing components. Mere instructions to apply an exception using a generic computing component cannot provide an inventive concept. Furthermore, the broadest reasonable interpretation of the claimed computer components (i.e., additional elements) includes any generic computing components that are capable of being programmed to communicate, receive, send, process, analyze, output, or display data. Furthermore, Applicant’s Specification (PGPub. 2025/0078179 [0203]) refers to a general computer system, but they do not include any technically-specific computer algorithm or code.
Additionally, pursuant to the requirement under Berkheimer, the following citations are provided to demonstrate that the additional elements, identified as extra-solution activity, amount to activities that are well-understood, routine, and conventional. See MPEP 2106.05(d).
Capturing an image (code) with an RFID reader. Ritter, US Patent No. 7734507 (Col. 3, Lines 56-67); “RFID: Riding on the Chip” by Pat Russo. Frozen Food Age. New York: Dec. 2003, vol. 52, Issue 5; page S22.
Receiving or transmitting data over a network. Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362; OIP Techs., Inc., v. Amazon.com, Inc., 788 F.3d 1359, 1363, 115 USPQ2d 1090, 1093 (Fed. Cir. 2015) (sending messages over a network); buySAFE, Inc. v. Google, Inc., 765 F.3d 1350, 1355, 112 USPQ2d 1093, 1096 (Fed. Cir. 2014).
Storing and retrieving information in memory. Versata Dev. Group, Inc. v. SAP Am., Inc., 793 F.3d 1306, 1334, 115 USPQ2d 1681, 1701 (Fed. Cir. 2015); OIP Techs., 788 F.3d at 1363, 115 USPQ2d at 1092-93.
Outputting/Presenting data to a user. Mayo, 566 U.S. at 79, 101 USPQ2d at 1968; OIP Techs., Inc. v. Amazon.com, Inc., 788 F.3d 1359, 1363, 115 USPQ2d 1090, 1092-93 (Fed. Cir. 2015); MPEP 2106.05(g)(3).
Using a machine learning model to determine user segment characteristics for an ad campaign. https://whites.agency/blog/how-to-use-machine-learning-for-customer-segmentation/.
Thus, taken alone and in combination, the additional elements do not amount to significantly more than the above-identified judicial exception (the abstract idea), and are ineligible under 35 USC 101.
Independent system/apparatus claim 21 and CRM claim 40 also contains the identified abstract ideas, with the additional elements of a processor/server and storage medium, which are a generic computer components, and thus not significantly more for the same reasons and rationale above.
Dependent claims 22-31 and 33-39 further describe the abstract idea. The additional elements of the dependent claims fail to integrate the abstract idea into a practical application and do not amount to significantly more than the abstract idea. Thus, as the dependent claims remain directed to a judicial exception, and as the additional elements of the claims do not amount to significantly more, the dependent claims are not patent eligible.
As such, the claims are not patent eligible.
Invention Could be Performed Manually
It is conceivable that the invention could be performed manually without the aid of machine and/or computer. For example, Applicant claims receiving information, generating information, determining ownership, etc… Each of these features could be performed manually and/or with the aid of a simple generic computer to facilitate the transmission of data.
See also Leapfrog Enterprises, Inc. v. Fisher-Price, Inc., and In re Venner, which stand for the concept that automating manual activity and/or applying modern electronics to older mechanical devices to accomplish the same result is not sufficient to distinguish over the prior art. Here, applicant is merely claiming computers to facilitate and/or automate functions which used to be commonly performed by a human.
Leapfrog Enterprises, Inc. v. Fisher-Price, Inc., 485 F.3d 1157, 82 USPQ2d 1687 (Fed. Cir. 2007) "[a]pplying modern electronics to older mechanical devices has been commonplace in recent years…"). The combination is thus the adaptation of an old idea or invention using newer technology that is commonly available and understood in the art.
In In re Venner, 262 F.2d 91, 95, 120 USPQ 193, 194 (CCPA 1958), the court held that broadly providing an automatic or mechanical means to replace manual activity which accomplished the same result is not sufficient to distinguish over the prior art. MPEP 2144.04, III Automating a Manual Activity.
MPEP 2144.04 III - Automating a Manual Activity and In re Venner, 262 F.2d 91, 95, 120 USPQ 193, 194 (CCPA 1958) further stand for and provide motivation for using technology, hardware, computer, or server to automate a manual activity.
Therefore, the Office finds no improvements to another technology or field, no improvements to the function of the computer itself, and no meaningful limitations beyond generally linking the use of an abstract idea to a particular technological environment. Therefore, based on the two-part Alice Corp. analysis, there are no limitations in any of the claims that transform the exception (i.e., the abstract idea) into a patent eligible application.
Claim Rejections - Not an Ordered Combination
None of the limitations, considered as an ordered combination provide eligibility, because taken as a whole, the claims simply instruct the practitioner to implement the abstract idea with routine, conventional activity.
Claim Rejections - Preemption
Allowing the claims, as presently claimed, would preempt others from tracking energy usage and ownership. Furthermore, the claim language only recites the abstract idea of performing this method, there are no concrete steps articulating a particular way in which this idea is being implemented or describing how it is being performed.
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 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 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 21-28 and 31-40 are rejected under 35 U.S.C. 103 as being unpatentable over: Bain et al. 2019/0372345; in view of Potdar et al. 2014/0222698.
18/954,587 – Claim 21 (New): Bain et al. 2019/0372345 teaches An apparatus communicably connected with an intermediary server via a network, the apparatus comprising: circuitry configured to (Bain et al. 2019/0372345 [0251 - receiving, at a computing system, energy consumption and generation data from a plurality of network-connected devices] In embodiments, the platform includes a non-transitory computer-readable medium including computer-readable instructions recorded thereon for: receiving, at a computing system, energy consumption and generation data from a plurality of network-connected devices; processing, with the computing system, the data received from the plurality of network-connected devices; and generating, with the computing system, a green score based on the processed data.): perform distributed processing with other apparatuses in a distributed ledger system (Bain et al. 2019/0372345 [0338 - distributed ledger … Blockchain system … renewable energy credits, carbon credits, pollution abatement credits…] The data repository 102 may also connect to a supply-side portal 144, payment processing engine 140, gamification engine 130 and/or recommendation engine 136, such that any of the foregoing can consume data stored in the repository 102 and any of them may feed data to the data repository 102. The payment processing engine 140 may include processing of fees paid to energy merchants, such as utilities and other providers. Merchant fees 142 may be paid by credit card, debit card, wire transfer, PayPal, and other fee mechanisms. In embodiments, fees may account for or include payments via other forms of currency or value, such as points (such as obtained in games or contests managed by the gamification engine, loyalty points, or the like), distributed ledger-based currencies (e.g., Bitcoins, such as using the Blockchain system), and credits (e.g., renewable energy credits, carbon credits, pollution abatement credits, and other credits that may have identifiable monetary value and therefore may be exchanged or taken as or in lieu of merchant fees 142.); receive supply information indicating a supply of energy by a supplier (Bain et al. 2019/0372345 [0265 - energy pricing engine that tracks real-time cost of energy sourced from the plurality of different types of energy sources] In embodiments, the methods and systems of the present disclosure include a platform for a consumer to manage energy. The platform includes consumer energy usage measurements that are gathered for energy generated from a plurality of different types of energy sources and consumed by the consumer over discrete time intervals and that are allocated for each of the different types of energy consumed to an energy source for each type of the different types of energy within the discrete time intervals. The platform includes a cost of energy usage for each type of the different types of energy consumed in the discrete time intervals that is calculated by processing the consumer energy usage measurements for each type of energy consumed and the energy source for each type of the different types of energy with an energy pricing engine that tracks real-time cost of energy sourced from the plurality of different types of energy sources. The platform also includes a user interface that aggregates the calculated cost of energy usage across each type of the different types of energy for each time interval and presents the aggregated calculated cost of energy usage and calculated costs of at least two sources of energy for each discrete time interval in a user interface. [0493 - prices of a consumer accessible energy-type produced by different energy producers may be tracked by accessing real-time energy pricing information for each of the different energy producers] In embodiments notification in a consumer retain energy marketplace may include giving consumers an opportunity to adjust a selection of energy sources in response to the notification. Allocation of energy demand from these consumers may be impacted based on the consumer responses. In an example, prices of a consumer accessible energy-type produced by different energy producers may be tracked by accessing real-time energy pricing information for each of the different energy producers. The price information may be accessed through an energy supply information interface of a retail consumer energy marketplace platform. In the example, price notification thresholds for consumer notification may be set for a plurality of raw energy sources. Different energy producers may be associated with at least one raw energy source. The platform may track prices from the energy produces for one or more raw energy sources and, in response to a tracked price crossing the price notification threshold, the platform may send a price alert communication signal to a consumer. The signal may be sent to a consumer personal device, such as a mobile phone through which the consumer accesses the marketplace. The signal may activate a user interface function of the consumer device through which the consumer is enabled to select one of a plurality of raw energy sources. Selecting may result in increasing and/or decreasing an allocation of demand for the energy-type selected to be provided by an energy producer associated with the selected raw energy source. In the example, an increase in allocation of energy demand may be proportional to an estimate of energy usage by consumers of the energy type. Also in these examples, raw energy sources from which energy may be produced, prices may be tracked, and price thresholds may be set may include a fossil fuel source, a coal source, an oil source, a natural gas source, a nuclear source, a renewable source, a wind source, a solar source, a hydropower source, a stored energy source, a battery source, and a gravity power source.); generate, using the supply information, first information for tracking energy (Bain et al. 2019/0372345 [0022 - energy pricing engine that tracks actual cost of energy purchased at price intervals for at least one source of energy] In embodiments, the methods and systems of the present disclosure include a method for a consumer to manage energy. The method includes gathering consumer energy usage measurements for the energy consumed by the consumer across a plurality of energy consumption devices over discrete time intervals. The method includes allocating the gathered energy usage measurements to at least one source of the energy for each of the discrete time intervals and calculating a cost of energy usage for each of the discrete time intervals by processing the gathered energy usage measurements and the at least one source of the energy with an energy pricing engine that tracks actual cost of energy purchased at price intervals for at least one source of energy. The method further includes presenting the calculated cost of energy usage and calculated costs of at least two sources of energy for each of the discrete time intervals in a user interface.); generate second information using the first information, the second information indicating an owner of the energy (Bain et al. 2019/0372345 [0337 - obtain and track information about what sources of energy are supplying a grid that will supply energy that can be purchased by a consumer] Energy mix data 172 may obtain and track information about what sources of energy are supplying a grid that will supply energy that can be purchased by a consumer. For example, energy mix data 172 may indicate that only 5% of the energy on the grid at a given time is from renewable energy sources, the rest being from traditional sources like fossil fuels, in which case an environmentally sensitive consumer may refrain from using energy, such as by turning off appliances that consume a large amount of energy. Conversely, the energy mix data 172 may show that a high percentage (e.g., 50%) of energy on the grid comes from renewable sources, in which case the consumer may conclude it is a good time to consume energy to meet “green” or environmental objectives. This data 172 may allow a utility marketplace platform 100 to make a mix of energy production types visible in real-time to the end consumer 132. A consumer 132 may see the mix of energy that is available to be consumed at any point in time and may adjust behavior accordingly, such as to shift usage from when fossil fuels are the primary production types to times when renewable sources are predominant.) and a production method used for producing the energy (Bain et al. 2019/0372345 [0023 - source of the energy is one of fossil fuel, renewable fuel, and nuclear fuel] In embodiments, the user interface is populated by data from a consumer energy marketplace through which the at least one source of the energy for allocating to at least one future discrete time interval is selectable by the consumer. In embodiments, the at least one source of the energy is a fossil fuel. In embodiments, the method includes at least one other source of energy tracked by the energy pricing engine that is a different fossil fuel. In embodiments, the at least one source of energy is a renewable energy source. In embodiments, the method includes at least one other source of energy tracked by the energy pricing engine that is a fossil fuel source. In embodiments, the at least one source of the energy is one of fossil fuel, renewable fuel, and nuclear fuel. [0006 - include a data repository for handling data from a plurality of data sources that characterize the sources of production of energy] A platform for an automated consumer retail utility marketplace is provided. The platform may include a data repository for handling data from a plurality of data sources that characterize the sources of production of energy for an energy grid during a given period of time and the wholesale energy prices charged by the sources of production; a demand management engine for managing demand by consumers for energy; a machine learning engine for automating at least one component of the platform; and at least one interface by which a consumer is provided visibility in real time to the price of energy and the mix of energy production sources at a given time. The platform may also include a gamification engine for presenting an interface to a consumer that enables a game that promotes consumer behavior relating to energy usage. The platform may also include components of the platform configured for supporting a related consumer mobile application that provides the visibility to the consumer via the consumer's mobile device. [0117 - energy production sources are renewable sources selected from among solar, wind power and hydropower resources] In embodiments, the gamification user interface presents a challenge-based game element to a user. In embodiments, the gamification user interface presents a leaderboard on which a position of the consumer is indicated relative to other consumers. In embodiments, the leaderboard is based on an accumulation of points earned by the consumer through interaction with the gamification user interface. In embodiments, the leaderboard is based on a degree to which the consumer has satisfied the established criterion. In embodiments, the leaderboard is based on at least one of the amount, the cost and the raw energy source type of the energy consumed by the consumer. In embodiments, the leaderboard calculates a position for the consumer based on minimizing consumption of energy from fossil fuel sources. In embodiments, the leaderboard calculates a position for the consumer based on minimizing the amount of energy consumed. In embodiments, the leaderboard calculates a position for the consumer based on an amount of energy returned to the grid by energy production sources under control of the consumer. In embodiments, the energy production sources are renewable sources selected from among solar, wind power and hydropower resources. [0376 - Energy production types may include natural gas energy production, oil energy production, coal energy production, nuclear energy production, wind energy production, hydropower energy production, solar energy production and the like] In embodiments, a demand side portal 134 may connect with a recommendation engine 136, a gamification engine 138, a payment processing engine 140, a supply-side portal 144 and the various data sources listed elsewhere in this disclosure. In embodiments, the demand side portal 134 may present a consumer user interface (UI) to consumers 132. A consumer UI may be an online UI, a web UI a mobile UI and the like. The consumer UI may provide the consumer 132 with real-time and day-ahead information on the price of energy, the nature of the energy produced, for example by what energy production types, such as renewable versus fossil fuels), and historical and anticipated information. Energy production types may include natural gas energy production, oil energy production, coal energy production, nuclear energy production, wind energy production, hydropower energy production, solar energy production and the like.); receive, from the intermediary server, a request for changing the second information, the request being generated by the intermediary server in response to receiving usage information indicating a usage of the energy by a user (Bain et al. 2019/0372345 [0007 - element is updated at least once per time interval based on a time interval-specific calculation of the estimated prices … user interactions with the second visual element result in allocation of at least one of the raw energy sources to produce energy for consumption by the consumer…] In embodiments, the methods and systems of the present disclosure include a user interface through which a consumer accesses an energy marketplace. The user interface includes a first visual element representing a real-time price of a type of energy available to the consumer over a consumer energy distribution network for a current time interval. The first visual element is updated at least once per time interval. The user interface includes a second visual element representing estimated prices for energy from different raw energy sources for a future time interval. The second visual element is updated at least once per time interval based on a time interval-specific calculation of the estimated prices. The user interactions with the second visual element result in allocation of at least one of the raw energy sources to produce energy for consumption by the consumer in the at least one future time interval. [0022 - energy usage measurements] In embodiments, the methods and systems of the present disclosure include a method for a consumer to manage energy. The method includes gathering consumer energy usage measurements for the energy consumed by the consumer across a plurality of energy consumption devices over discrete time intervals. The method includes allocating the gathered energy usage measurements to at least one source of the energy for each of the discrete time intervals and calculating a cost of energy usage for each of the discrete time intervals by processing the gathered energy usage measurements and the at least one source of the energy with an energy pricing engine that tracks actual cost of energy purchased at price intervals for at least one source of energy. The method further includes presenting the calculated cost of energy usage and calculated costs of at least two sources of energy for each of the discrete time intervals in a user interface. [0074 - updating a data structure of energy price information at least once per time period for multiple raw energy source-differentiated providers…] In embodiments, the methods and systems of the present disclosure include a method including updating a data structure of energy price information at least once per time period for multiple raw energy source-differentiated providers of an energy-type that is configured to be available to a consumer as a source of the energy-type delivered over a consumer energy distribution network. The method includes calculating a unit cost for each of multiple consecutive time periods for consumption of a unit of the energy-type delivered over the consumer energy distribution network for each of the multiple raw energy sources and presenting the unit cost for each of the multiple raw energy sources as a time period-based time series of unit costs in a user interface. [0333 - receive energy usage information] In embodiments, a retail consumer energy marketplace may work cooperatively with smart meters that may measure electrical energy usage, such as in a home, office, apartment, and the like. Smart meters may also communicate with usage reading and/or regulating devices within the home, effectively behind the meter from the perspective of the electrical grid. Usage reading and/or regulating devices behind the meter may receive energy usage information being measured by the meter. These devices may also connect through a network, such as a WiFi network (e.g., a WiFi network in the home and the like), a cellular-type network and the like with a platform operating the marketplace. These devices and the marketplace may exchange usage, real-time pricing, capacity, raw energy source utilization, and related information about the energy being provided through the smart meter.); determine, in response to reception of the request, whether ownership of the energy in the second information has not been changed from an original owner to the user (Bain et al. 2019/0372345 [0487] In embodiments, the methods and systems described herein, such as those that relate to an energy marketplace platform and the like may be employed to provide notifications to consumers, to energy providers, to energy service organizations (e.g., ISOs, regulated energy service companies, and the like), to automated energy monitoring and management systems, and the like. Notifications may facilitate taking action by the recipient to achieve an energy objective, such as reducing energy consumption, energy cost savings, improving the environment, producing energy, and the like. Notifications may be based on a range of energy-related aspects including, without limitation energy pricing (e.g., real-time, estimated, forecast, predicted, and the like), energy availability (e.g., from various sources, such as renewable and non-renewable sources), energy demand (e.g., current, estimated, forecast, and the like), energy-impacting events, and the like. Notifications may be based on changes in energy-related aspects, such as a change in a price for energy, a change in mix of energy sourcing, a change in demand for energy and the like.); and based on a determination that the ownership of the energy in the second information has not been changed, generate, using the usage information, other first information for tracking energy, wherein the other first information is used to change ownership of the energy in the second information from the original owner to the user (Bain et al. 2019/0372345 [0127 - behavior of the consumer is a change in the amount of energy consumed by the consumer] In embodiments, the behavior of the consumer is a change in the amount of energy consumed by the consumer. In embodiments, the gamification user interface presents a challenge-based game element to a user.).
Bain et al. 2019/0372345 may not expressly disclose the “change in ownership” features, however, Potdar et al. 2014/0222698 teaches these features as follows (Potdar et al. 2014/0222698 [0007 - sale and purchase agreements--regarding the connection between the producer of renewable electricity and the entity using the renewable electricity … transfer of ownership documentation for renewable electricity and associated credits is tracked and satisfies all applicable regulatory requirements…] In the event that the renewable electricity is generated on-site: 1) renewable electricity producer's registration with the appropriate agency for renewable fuel credits generation is complete and up to date at all times; 2) regular data collection, aggregation and processing is performed to satisfy reporting and audit requirements of the appropriate agency; 3) production data from the renewable electricity source is tracked continuously; 4) all required information--including, but not limited to, sale and purchase agreements--regarding the connection between the producer of renewable electricity and the entity using the renewable electricity for qualifying purposes, such as charging of electric transportation vehicles (hereinafter "EV station"), is established and collected; and 5) transfer of ownership documentation for renewable electricity and associated credits is tracked and satisfies all applicable regulatory requirements. [0020 - transfer of ownership] Various types of transactions can and need to be performed with renewable fuel credits after their generation. The types of transactions vary between cap and trade programs and may include transfer of ownership, separation from the physical fuel, retirement against the regulated party's obligation, etc. While these transactions are often performed using the appropriate agency's online computer-based platform (hereinafter "environmental credit administration system"), data requirements and administrative burden of registering each of them can be substantial. Furthermore, renewable fuel credits may need to be tracked after generation (e.g. as part of a quality assurance framework's requirements or for establishing the comprehensive credit portfolio of a producer) and data may not only need to be submitted to the appropriate agency's online system, but information such as historical credit inventory for example may need to be imported from the appropriate regulatory databases. Accordingly, advanced tracking of renewable fuel credits may necessitate integration of the online platform with the systems used for regulatory credit administration.). Before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to have modified Bain et al. 2019/0372345 to include the features as taught by Potdar et al. 2014/0222698. One of ordinary skill in the art would have been motivated to do so to utilize well known tools and features to track and record information pertaining to energy including change in ownership and energy usage which should prove to improve user experience, maximize profits, and optimize revenue (i.e., improve user experience).
18/954,587 – Claim 32 (New): A method for an apparatus communicably connected with an intermediary server via a network, the method comprising: performing, by circuitry of the apparatus, distributed processing with other apparatuses in a distributed ledger system; receiving supply information indicating a supply of energy by a supplier; generating, by the circuitry using the supply information, first information for tracking energy; generating, by the circuitry, second information using the first information, the second information indicating an owner of the energy and a production method used for producing the energy; receiving, from the intermediary server, a request for changing the second information, the request being generated by the intermediary server in response to receiving usage information indicating a usage of the energy by a user; determining, by the circuitry in response to reception of the request, whether ownership of the energy in the second information has not been changed from an original owner to the user; and based on a determination that the ownership of the energy in the second information has not been changed, generating, by the circuitry using the usage information, other first information for tracking energy, wherein the other first information is used to change ownership of the energy in the second information from the original owner to the user.
18/954,587 – Claim 40 (New): A non-transitory computer-readable medium encoded with computer-readable instructions that, when executed by circuitry of an apparatus communicably connected with an intermediary server via a network, cause the circuitry to perform a method comprising: performing distributed processing with other apparatuses in a distributed ledger system; receiving supply information indicating a supply of energy by a supplier; generating, using the supply information, first information for tracking energy; generating second information using the first information, the second information indicating an owner of the energy and a production method used for producing the energy; receiving, from the intermediary server, a request for changing the second information, the request being generated by the intermediary server in response to receiving usage information indicating a usage of the energy by a user; determining, in response to reception of the request, whether ownership of the energy in the second information has not been changed from an original owner to the user; and based on a determination that the ownership of the energy in the second information has not been changed, generating, using the usage information, other first information for tracking energy, wherein the other first information is used to change ownership of the energy in the second information from the original owner to the user.
Claims 32 and 40, have similar limitations as of Claim 21, therefore they are REJECTED under the same rationale as Claim 21.
18/954,587 – Claim 22 (New): Bain et al. 2019/0372345 further teaches The apparatus of claim 21, wherein the circuitry is further configured to store the second information in a memory (Bain et al. 2019/0372345 [0330 - A data repository 102 (which may comprise a unified data repository, such as a database, but in embodiments may be distributed across various data storage facilities, including one or more cloud platforms, proprietary networks, or other storage configurations) may include a wide range of types of data obtained from various sources] In embodiments, a utility marketplace platform 100 may include a data repository 102. A data repository 102 (which may comprise a unified data repository, such as a database, but in embodiments may be distributed across various data storage facilities, including one or more cloud platforms, proprietary networks, or other storage configurations) may include a wide range of types of data obtained from various sources. This may include energy usage data 146, price data 148 and tax and credit data 154 (such as data relating to the availability of renewable energy credits, carbon credits, and the like). Price data 148 may include historical pricing data 150, real-time pricing data 152, and/or forward looking pricing data, such as day-ahead pricing data 190. Price data 148 may also include energy cost data 170, ancillary services cost data 168, other independent system operator (ISO) generated cost data 166, transmission utility price data 164, generation utility price data 162, and the like. Tax and credit data 154 may include federal tax and credit data 160, state tax and credit data 158, local tax and credit data 156, and the like. In embodiments, integration of tax and credit data 154 may enable the utility marketplace platform 100 to facilitate comprehensive optimization of energy consumption by consumers 132, including by accounting for taxes, renewable energy credits and the like at the federal, state and local level, so that consumers can act upon the “real” price (net of taxes and credits), when making energy consumption choices.).
18/954,587 – Claim 33 (New): The method of claim 32, further comprising storing the second information in a memory.
Claim 33, has similar limitations as of Claim(s) 22, therefore it is REJECTED under the same rationale as Claim(s) 22.
18/954,587 – Claim 23 (New): Bain et al. 2019/0372345 further teaches The apparatus of claim 22, wherein the memory stores a plurality of items of second information, and the circuitry is further configured to: select, from among the plurality of items of second information stored in the memory (Bain et al. 2019/0372345 [0330 - A data repository 102 (which may comprise a unified data repository, such as a database, but in embodiments may be distributed across various data storage facilities, including one or more cloud platforms, proprietary networks, or other storage configurations) may include a wide range of types of data obtained from various sources] In embodiments, a utility marketplace platform 100 may include a data repository 102. A data repository 102 (which may comprise a unified data repository, such as a database, but in embodiments may be distributed across various data storage facilities, including one or more cloud platforms, proprietary networks, or other storage configurations) may include a wide range of types of data obtained from various sources. This may include energy usage data 146, price data 148 and tax and credit data 154 (such as data relating to the availability of renewable energy credits, carbon credits, and the like). Price data 148 may include historical pricing data 150, real-time pricing data 152, and/or forward looking pricing data, such as day-ahead pricing data 190. Price data 148 may also include energy cost data 170, ancillary services cost data 168, other independent system operator (ISO) generated cost data 166, transmission utility price data 164, generation utility price data 162, and the like. Tax and credit data 154 may include federal tax and credit data 160, state tax and credit data 158, local tax and credit data 156, and the like. In embodiments, integration of tax and credit data 154 may enable the utility marketplace platform 100 to facilitate comprehensive optimization of energy consumption by consumers 132, including by accounting for taxes, renewable energy credits and the like at the federal, state and local level, so that consumers can act upon the “real” price (net of taxes and credits), when making energy consumption choices.), particular second information indicating a particular production method of the energy (Bain et al. 2019/0372345 [0023 - source of the energy is one of fossil fuel, renewable fuel, and nuclear fuel] In embodiments, the user interface is populated by data from a consumer energy marketplace through which the at least one source of the energy for allocating to at least one future discrete time interval is selectable by the consumer. In embodiments, the at least one source of the energy is a fossil fuel. In embodiments, the method includes at least one other source of energy tracked by the energy pricing engine that is a different fossil fuel. In embodiments, the at least one source of energy is a renewable energy source. In embodiments, the method includes at least one other source of energy tracked by the energy pricing engine that is a fossil fuel source. In embodiments, the at least one source of the energy is one of fossil fuel, renewable fuel, and nuclear fuel. [0006 - include a data repository for handling data from a plurality of data sources that characterize the sources of production of energy] A platform for an automated consumer retail utility marketplace is provided. The platform may include a data repository for handling data from a plurality of data sources that characterize the sources of production of energy for an energy grid during a given period of time and the wholesale energy prices charged by the sources of production; a demand management engine for managing demand by consumers for energy; a machine learning engine for automating at least one component of the platform; and at least one interface by which a consumer is provided visibility in real time to the price of energy and the mix of energy production sources at a given time. The platform may also include a gamification engine for presenting an interface to a consumer that enables a game that promotes consumer behavior relating to energy usage. The platform may also include components of the platform configured for supporting a related consumer mobile application that provides the visibility to the consumer via the consumer's mobile device.), indicated by usage information indicating a usage of the energy by a particular user (Bain et al. 2019/0372345 [0006 - a gamification engine for presenting an interface to a consumer that enables a game that promotes consumer behavior relating to energy usage] A platform for an automated consumer retail utility marketplace is provided. The platform may include a data repository for handling data from a plurality of data sources that characterize the sources of production of energy for an energy grid during a given period of time and the wholesale energy prices charged by the sources of production; a demand management engine for managing demand by consumers for energy; a machine learning engine for automating at least one component of the platform; and at least one interface by which a consumer is provided visibility in real time to the price of energy and the mix of energy production sources at a given time. The platform may also include a gamification engine for presenting an interface to a consumer that enables a game that promotes consumer behavior relating to energy usage. The platform may also include components of the platform configured for supporting a related consumer mobile application that provides the visibility to the consumer via the consumer's mobile device. [0019 - visual element depicts energy consumption for a plurality of uses of the energy by the consumer] In embodiments, the first visual element depicts energy consumption for a plurality of uses of the energy by the consumer.); and change an ownership of the energy in the particular second information, from a previous owner to the particular user, according to corresponding other first information that is generated based on a determination that ownership of the energy in the particular second information has not been changed.
Bain et al. 2019/0372345 may not expressly disclose the “change in ownership” features, however, Potdar et al. 2014/0222698 teaches these features as follows (Potdar et al. 2014/0222698 [0007 - sale and purchase agreements--regarding the connection between the producer of renewable electricity and the entity using the renewable electricity … transfer of ownership documentation for renewable electricity and associated credits is tracked and satisfies all applicable regulatory requirements…] In the event that the renewable electricity is generated on-site: 1) renewable electricity producer's registration with the appropriate agency for renewable fuel credits generation is complete and up to date at all times; 2) regular data collection, aggregation and processing is performed to satisfy reporting and audit requirements of the appropriate agency; 3) production data from the renewable electricity source is tracked continuously; 4) all required information--including, but not limited to, sale and purchase agreements--regarding the connection between the producer of renewable electricity and the entity using the renewable electricity for qualifying purposes, such as charging of electric transportation vehicles (hereinafter "EV station"), is established and collected; and 5) transfer of ownership documentation for renewable electricity and associated credits is tracked and satisfies all applicable regulatory requirements. [0020 - transfer of ownership] Various types of transactions can and need to be performed with renewable fuel credits after their generation. The types of transactions vary between cap and trade programs and may include transfer of ownership, separation from the physical fuel, retirement against the regulated party's obligation, etc. While these transactions are often performed using the appropriate agency's online computer-based platform (hereinafter "environmental credit administration system"), data requirements and administrative burden of registering each of them can be substantial. Furthermore, renewable fuel credits may need to be tracked after generation (e.g. as part of a quality assurance framework's requirements or for establishing the comprehensive credit portfolio of a producer) and data may not only need to be submitted to the appropriate agency's online system, but information such as historical credit inventory for example may need to be imported from the appropriate regulatory databases. Accordingly, advanced tracking of renewable fuel credits may necessitate integration of the online platform with the systems used for regulatory credit administration.). Before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to have modified Bain et al. 2019/0372345 to include the features as taught by Potdar et al. 2014/0222698. One of ordinary skill in the art would have been motivated to do so to utilize well known tools and features to track and record information pertaining to energy including change in ownership and energy usage which should prove to improve user experience, maximize profits, and optimize revenue (i.e., improve user experience).
18/954,587 – Claim 34 (New): The method of claim 33, further comprising: storing a plurality of items of second information in the memory; selecting, from among the plurality of items of second information stored in the memory, particular second information indicating a particular production method of the energy, indicated by usage information indicating a usage of the energy by a particular user; and changing an ownership of the energy in the particular second information, from a previous owner to the particular user, according to corresponding other first information that is generated based on a determination that ownership of the energy in the particular second information has not been changed.
Claim 34, has similar limitations as of Claim(s) 23, therefore it is REJECTED under the same rationale as Claim(s) 23.
18/954,587 – Claim 24 (New): Bain et al. 2019/0372345 further teaches The apparatus of claim 23, wherein the circuitry is further configured to, based on a determination that the ownership of the energy in the second information has been changed: select, from the plurality of items of second information stored in the memory (Bain et al. 2019/0372345 [0022 - energy pricing engine that tracks actual cost of energy purchased at price intervals for at least one source of energy] In embodiments, the methods and systems of the present disclosure include a method for a consumer to manage energy. The method includes gathering consumer energy usage measurements for the energy consumed by the consumer across a plurality of energy consumption devices over discrete time intervals. The method includes allocating the gathered energy usage measurements to at least one source of the energy for each of the discrete time intervals and calculating a cost of energy usage for each of the discrete time intervals by processing the gathered energy usage measurements and the at least one source of the energy with an energy pricing engine that tracks actual cost of energy purchased at price intervals for at least one source of energy. The method further includes presenting the calculated cost of energy usage and calculated costs of at least two sources of energy for each of the discrete time intervals in a user interface.), other second information different from the particular second information, the other second information indicating a production method of the energy that is different than the particular production method of the energy (Bain et al. 2019/0372345 [0023 - source of the energy is one of fossil fuel, renewable fuel, and nuclear fuel] In embodiments, the user interface is populated by data from a consumer energy marketplace through which the at least one source of the energy for allocating to at least one future discrete time interval is selectable by the consumer. In embodiments, the at least one source of the energy is a fossil fuel. In embodiments, the method includes at least one other source of energy tracked by the energy pricing engine that is a different fossil fuel. In embodiments, the at least one source of energy is a renewable energy source. In embodiments, the method includes at least one other source of energy tracked by the energy pricing engine that is a fossil fuel source. In embodiments, the at least one source of the energy is one of fossil fuel, renewable fuel, and nuclear fuel. [0006 - include a data repository for handling data from a plurality of data sources that characterize the sources of production of energy] A platform for an automated consumer retail utility marketplace is provided. The platform may include a data repository for handling data from a plurality of data sources that characterize the sources of production of energy for an energy grid during a given period of time and the wholesale energy prices charged by the sources of production; a demand management engine for managing demand by consumers for energy; a machine learning engine for automating at least one component of the platform; and at least one interface by which a consumer is provided visibility in real time to the price of energy and the mix of energy production sources at a given time. The platform may also include a gamification engine for presenting an interface to a consumer that enables a game that promotes consumer behavior relating to energy usage. The platform may also include components of the platform configured for supporting a related consumer mobile application that provides the visibility to the consumer via the consumer's mobile device.); and change an ownership of the energy in the other second information, from a previous owner to a corresponding user indicated in usage information corresponding to the other second information (Bain et al. 2019/0372345 [0006 - a gamification engine for presenting an interface to a consumer that enables a game that promotes consumer behavior relating to energy usage] A platform for an automated consumer retail utility marketplace is provided. The platform may include a data repository for handling data from a plurality of data sources that characterize the sources of production of energy for an energy grid during a given period of time and the wholesale energy prices charged by the sources of production; a demand management engine for managing demand by consumers for energy; a machine learning engine for automating at least one component of the platform; and at least one interface by which a consumer is provided visibility in real time to the price of energy and the mix of energy production sources at a given time. The platform may also include a gamification engine for presenting an interface to a consumer that enables a game that promotes consumer behavior relating to energy usage. The platform may also include components of the platform configured for supporting a related consumer mobile application that provides the visibility to the consumer via the consumer's mobile device. [0019 - visual element depicts energy consumption for a plurality of uses of the energy by the consumer] In embodiments, the first visual element depicts energy consumption for a plurality of uses of the energy by the consumer.).
Bain et al. 2019/0372345 may not expressly disclose the “change in ownership” features, however, Potdar et al. 2014/0222698 teaches these features as follows (Potdar et al. 2014/0222698 [0007 - sale and purchase agreements--regarding the connection between the producer of renewable electricity and the entity using the renewable electricity … transfer of ownership documentation for renewable electricity and associated credits is tracked and satisfies all applicable regulatory requirements…] In the event that the renewable electricity is generated on-site: 1) renewable electricity producer's registration with the appropriate agency for renewable fuel credits generation is complete and up to date at all times; 2) regular data collection, aggregation and processing is performed to satisfy reporting and audit requirements of the appropriate agency; 3) production data from the renewable electricity source is tracked continuously; 4) all required information--including, but not limited to, sale and purchase agreements--regarding the connection between the producer of renewable electricity and the entity using the renewable electricity for qualifying purposes, such as charging of electric transportation vehicles (hereinafter "EV station"), is established and collected; and 5) transfer of ownership documentation for renewable electricity and associated credits is tracked and satisfies all applicable regulatory requirements. [0020 - transfer of ownership] Various types of transactions can and need to be performed with renewable fuel credits after their generation. The types of transactions vary between cap and trade programs and may include transfer of ownership, separation from the physical fuel, retirement against the regulated party's obligation, etc. While these transactions are often performed using the appropriate agency's online computer-based platform (hereinafter "environmental credit administration system"), data requirements and administrative burden of registering each of them can be substantial. Furthermore, renewable fuel credits may need to be tracked after generation (e.g. as part of a quality assurance framework's requirements or for establishing the comprehensive credit portfolio of a producer) and data may not only need to be submitted to the appropriate agency's online system, but information such as historical credit inventory for example may need to be imported from the appropriate regulatory databases. Accordingly, advanced tracking of renewable fuel credits may necessitate integration of the online platform with the systems used for regulatory credit administration.). Before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to have modified Bain et al. 2019/0372345 to include the features as taught by Potdar et al. 2014/0222698. One of ordinary skill in the art would have been motivated to do so to utilize well known tools and features to track and record information pertaining to energy including change in ownership and energy usage which should prove to improve user experience, maximize profits, and optimize revenue (i.e., improve user experience).
18/954,587 – Claim 35 (New): The method of claim 34, further comprising, based on a determination that the ownership of the energy in the second information has been changed: selecting, from the plurality of items of second information stored in the memory, other second information different from the particular second information, the other second information indicating a production method of the energy that is different than the particular production method of the energy; and changing an ownership of the energy in the other second information, from a previous owner to a corresponding user indicated in usage information corresponding to the other second information.
Claim 35, has similar limitations as of Claim(s) 24, therefore it is REJECTED under the same rationale as Claim(s) 24.
18/954,587 – Claim 25 (New): Bain et al. 2019/0372345 further teaches The apparatus of claim 21, wherein the second information indicates that the production method for producing the energy uses any of a renewable source, fossil fuels, and nuclear power (Bain et al. 2019/0372345 [0023 - the at least one source of the energy is one of fossil fuel, renewable fuel, and nuclear fuel] In embodiments, the user interface is populated by data from a consumer energy marketplace through which the at least one source of the energy for allocating to at least one future discrete time interval is selectable by the consumer. In embodiments, the at least one source of the energy is a fossil fuel. In embodiments, the method includes at least one other source of energy tracked by the energy pricing engine that is a different fossil fuel. In embodiments, the at least one source of energy is a renewable energy source. In embodiments, the method includes at least one other source of energy tracked by the energy pricing engine that is a fossil fuel source. In embodiments, the at least one source of the energy is one of fossil fuel, renewable fuel, and nuclear fuel.).
18/954,587 – Claim 36 (New): The method of claim 32, wherein the second information indicates that the production method for producing the energy uses any of a renewable source, fossil fuels, and nuclear power.
Claim 36, has similar limitations as of Claim(s) 25, therefore it is REJECTED under the same rationale as Claim(s) 25.
18/954,587 – Claim 26 (New): Bain et al. 2019/0372345 further teaches The apparatus of claim 25, wherein in a case that the production method for producing the energy uses the renewable source, the circuitry is further configured to generate the second information (Bain et al. 2019/0372345 [0022 - energy pricing engine that tracks actual cost of energy purchased at price intervals for at least one source of energy] In embodiments, the methods and systems of the present disclosure include a method for a consumer to manage energy. The method includes gathering consumer energy usage measurements for the energy consumed by the consumer across a plurality of energy consumption devices over discrete time intervals. The method includes allocating the gathered energy usage measurements to at least one source of the energy for each of the discrete time intervals and calculating a cost of energy usage for each of the discrete time intervals by processing the gathered energy usage measurements and the at least one source of the energy with an energy pricing engine that tracks actual cost of energy purchased at price intervals for at least one source of energy. The method further includes presenting the calculated cost of energy usage and calculated costs of at least two sources of energy for each of the discrete time intervals in a user interface.[0023 - source of the energy is one of fossil fuel, renewable fuel, and nuclear fuel] In embodiments, the user interface is populated by data from a consumer energy marketplace through which the at least one source of the energy for allocating to at least one future discrete time interval is selectable by the consumer. In embodiments, the at least one source of the energy is a fossil fuel. In embodiments, the method includes at least one other source of energy tracked by the energy pricing engine that is a different fossil fuel. In embodiments, the at least one source of energy is a renewable energy source. In embodiments, the method includes at least one other source of energy tracked by the energy pricing engine that is a fossil fuel source. In embodiments, the at least one source of the energy is one of fossil fuel, renewable fuel, and nuclear fuel. [0006 - include a data repository for handling data from a plurality of data sources that characterize the sources of production of energy] A platform for an automated consumer retail utility marketplace is provided. The platform may include a data repository for handling data from a plurality of data sources that characterize the sources of production of energy for an energy grid during a given period of time and the wholesale energy prices charged by the sources of production; a demand management engine for managing demand by consumers for energy; a machine learning engine for automating at least one component of the platform; and at least one interface by which a consumer is provided visibility in real time to the price of energy and the mix of energy production sources at a given time. The platform may also include a gamification engine for presenting an interface to a consumer that enables a game that promotes consumer behavior relating to energy usage. The platform may also include components of the platform configured for supporting a related consumer mobile application that provides the visibility to the consumer via the consumer's mobile device.) indicating that the renewable source is one of solar light or solar heat, wind power, biomass, geothermal power, hydropower, heat in the atmosphere, or a combination thereof (Bain et al. 2019/0372345 [0080 - visual element indicates a mix among at least two of a fossil fuel source, a coal source, an oil source, a natural gas source, a nuclear source, a renewable source, a wind source, a solar source, a hydropower source, a stored energy source, a battery source, and a gravity power source] In embodiments, the visual element aggregates fossil fuel energy sources together. In embodiments, the visual element aggregates renewable energy sources together. In embodiments, the visual element indicates a mix among at least two of a fossil fuel source, a coal source, an oil source, a natural gas source, a nuclear source, a renewable source, a wind source, a solar source, a hydropower source, a stored energy source, a battery source, and a gravity power source. In embodiments, the method includes indicating a preferred mix of energy sources from a consumer for future consumption with an interface element. [0117 - the energy production sources are renewable sources selected from among solar, wind power and hydropower resources] In embodiments, the gamification user interface presents a challenge-based game element to a user. In embodiments, the gamification user interface presents a leaderboard on which a position of the consumer is indicated relative to other consumers. In embodiments, the leaderboard is based on an accumulation of points earned by the consumer through interaction with the gamification user interface. In embodiments, the leaderboard is based on a degree to which the consumer has satisfied the established criterion. In embodiments, the leaderboard is based on at least one of the amount, the cost and the raw energy source type of the energy consumed by the consumer. In embodiments, the leaderboard calculates a position for the consumer based on minimizing consumption of energy from fossil fuel sources. In embodiments, the leaderboard calculates a position for the consumer based on minimizing the amount of energy consumed. In embodiments, the leaderboard calculates a position for the consumer based on an amount of energy returned to the grid by energy production sources under control of the consumer. In embodiments, the energy production sources are renewable sources selected from among solar, wind power and hydropower resources.).
18/954,587 – Claim 37 (New): The method of claim 36, further comprising, in a case that the production method for producing the energy uses the renewable source, generating the second information indicating that the renewable source is one of solar light or solar heat, wind power, biomass, geothermal power, hydropower, heat in the atmosphere, or a combination thereof.
Claim 37, has similar limitations as of Claim(s) 26, therefore it is REJECTED under the same rationale as Claim(s) 26.
18/954,587 – Claim 27 (New): Bain et al. 2019/0372345 further teaches The apparatus of claim 21, wherein the circuitry is further configured to: store the first information and the second information in a memory (Bain et al. 2019/0372345 [0330 - A data repository 102 (which may comprise a unified data repository, such as a database, but in embodiments may be distributed across various data storage facilities, including one or more cloud platforms, proprietary networks, or other storage configurations) may include a wide range of types of data obtained from various sources] In embodiments, a utility marketplace platform 100 may include a data repository 102. A data repository 102 (which may comprise a unified data repository, such as a database, but in embodiments may be distributed across various data storage facilities, including one or more cloud platforms, proprietary networks, or other storage configurations) may include a wide range of types of data obtained from various sources. This may include energy usage data 146, price data 148 and tax and credit data 154 (such as data relating to the availability of renewable energy credits, carbon credits, and the like). Price data 148 may include historical pricing data 150, real-time pricing data 152, and/or forward looking pricing data, such as day-ahead pricing data 190. Price data 148 may also include energy cost data 170, ancillary services cost data 168, other independent system operator (ISO) generated cost data 166, transmission utility price data 164, generation utility price data 162, and the like. Tax and credit data 154 may include federal tax and credit data 160, state tax and credit data 158, local tax and credit data 156, and the like. In embodiments, integration of tax and credit data 154 may enable the utility marketplace platform 100 to facilitate comprehensive optimization of energy consumption by consumers 132, including by accounting for taxes, renewable energy credits and the like at the federal, state and local level, so that consumers can act upon the “real” price (net of taxes and credits), when making energy consumption choices.); and transmit the first information to one or more of the other apparatuses in the distributed ledger system, each of the one or more of the other apparatuses is configured to generate the second information according to the first information (Bain et al. 2019/0372345 [0338 – distributed ledger and Blockchain systems] The data repository 102 may also connect to a supply-side portal 144, payment processing engine 140, gamification engine 130 and/or recommendation engine 136, such that any of the foregoing can consume data stored in the repository 102 and any of them may feed data to the data repository 102. The payment processing engine 140 may include processing of fees paid to energy merchants, such as utilities and other providers. Merchant fees 142 may be paid by credit card, debit card, wire transfer, PayPal, and other fee mechanisms. In embodiments, fees may account for or include payments via other forms of currency or value, such as points (such as obtained in games or contests managed by the gamification engine, loyalty points, or the like), distributed ledger-based currencies (e.g., Bitcoins, such as using the Blockchain system), and credits (e.g., renewable energy credits, carbon credits, pollution abatement credits, and other credits that may have identifiable monetary value and therefore may be exchanged or taken as or in lieu of merchant fees 142.).
18/954,587 – Claim 38 (New): The method of claim 32, further comprising: storing the first information and the second information in a memory; and transmitting the first information to one or more of the other apparatuses in the distributed ledger system, each of the one or more of the other apparatuses is configured to generate the second information according to the first information.
Claim 38, has similar limitations as of Claim(s) 27, therefore it is REJECTED under the same rationale as Claim(s) 27.
18/954,587 – Claim 28 (New): Bain et al. 2019/0372345 further teaches The apparatus of claim 21, further comprising: a memory, wherein the circuitry is further configured to: store the first information and the second information in the memory (Bain et al. 2019/0372345 [0330 - A data repository 102 (which may comprise a unified data repository, such as a database, but in embodiments may be distributed across various data storage facilities, including one or more cloud platforms, proprietary networks, or other storage configurations) may include a wide range of types of data obtained from various sources] In embodiments, a utility marketplace platform 100 may include a data repository 102. A data repository 102 (which may comprise a unified data repository, such as a database, but in embodiments may be distributed across various data storage facilities, including one or more cloud platforms, proprietary networks, or other storage configurations) may include a wide range of types of data obtained from various sources. This may include energy usage data 146, price data 148 and tax and credit data 154 (such as data relating to the availability of renewable energy credits, carbon credits, and the like). Price data 148 may include historical pricing data 150, real-time pricing data 152, and/or forward looking pricing data, such as day-ahead pricing data 190. Price data 148 may also include energy cost data 170, ancillary services cost data 168, other independent system operator (ISO) generated cost data 166, transmission utility price data 164, generation utility price data 162, and the like. Tax and credit data 154 may include federal tax and credit data 160, state tax and credit data 158, local tax and credit data 156, and the like. In embodiments, integration of tax and credit data 154 may enable the utility marketplace platform 100 to facilitate comprehensive optimization of energy consumption by consumers 132, including by accounting for taxes, renewable energy credits and the like at the federal, state and local level, so that consumers can act upon the “real” price (net of taxes and credits), when making energy consumption choices.); and transmit, via the network, the first information to another apparatus of the distributed ledger system, the other apparatus being configured to generate the second information according to the first information (Bain et al. 2019/0372345 [0338 – distributed ledger and Blockchain systems] The data repository 102 may also connect to a supply-side portal 144, payment processing engine 140, gamification engine 130 and/or recommendation engine 136, such that any of the foregoing can consume data stored in the repository 102 and any of them may feed data to the data repository 102. The payment processing engine 140 may include processing of fees paid to energy merchants, such as utilities and other providers. Merchant fees 142 may be paid by credit card, debit card, wire transfer, PayPal, and other fee mechanisms. In embodiments, fees may account for or include payments via other forms of currency or value, such as points (such as obtained in games or contests managed by the gamification engine, loyalty points, or the like), distributed ledger-based currencies (e.g., Bitcoins, such as using the Blockchain system), and credits (e.g., renewable energy credits, carbon credits, pollution abatement credits, and other credits that may have identifiable monetary value and therefore may be exchanged or taken as or in lieu of merchant fees 142.).
18/954,587 – Claim 39 (New): The method of claim 32, further comprising: storing the first information and the second information in a memory; and transmitting, via the network, the first information to another apparatus of the distributed ledger system, the other apparatus being configured to generate the second information according to the first information.
Claim 39, has similar limitations as of Claim(s) 28, therefore it is REJECTED under the same rationale as Claim(s) 28.
18/954,587 – Claim 31 (New): Bain et al. 2019/0372345 further teaches The apparatus of claim 21, wherein the circuitry is further configured to transmit, to the intermediary server, a response to the request (Bain et al. 2019/0372345 [0007 - element is updated at least once per time interval based on a time interval-specific calculation of the estimated prices … user interactions with the second visual element result in allocation of at least one of the raw energy sources to produce energy for consumption by the consumer…] In embodiments, the methods and systems of the present disclosure include a user interface through which a consumer accesses an energy marketplace. The user interface includes a first visual element representing a real-time price of a type of energy available to the consumer over a consumer energy distribution network for a current time interval. The first visual element is updated at least once per time interval. The user interface includes a second visual element representing estimated prices for energy from different raw energy sources for a future time interval. The second visual element is updated at least once per time interval based on a time interval-specific calculation of the estimated prices. The user interactions with the second visual element result in allocation of at least one of the raw energy sources to produce energy for consumption by the consumer in the at least one future time interval. [0022 - energy usage measurements] In embodiments, the methods and systems of the present disclosure include a method for a consumer to manage energy. The method includes gathering consumer energy usage measurements for the energy consumed by the consumer across a plurality of energy consumption devices over discrete time intervals. The method includes allocating the gathered energy usage measurements to at least one source of the energy for each of the discrete time intervals and calculating a cost of energy usage for each of the discrete time intervals by processing the gathered energy usage measurements and the at least one source of the energy with an energy pricing engine that tracks actual cost of energy purchased at price intervals for at least one source of energy. The method further includes presenting the calculated cost of energy usage and calculated costs of at least two sources of energy for each of the discrete time intervals in a user interface. [0074 - updating a data structure of energy price information at least once per time period for multiple raw energy source-differentiated providers…] In embodiments, the methods and systems of the present disclosure include a method including updating a data structure of energy price information at least once per time period for multiple raw energy source-differentiated providers of an energy-type that is configured to be available to a consumer as a source of the energy-type delivered over a consumer energy distribution network. The method includes calculating a unit cost for each of multiple consecutive time periods for consumption of a unit of the energy-type delivered over the consumer energy distribution network for each of the multiple raw energy sources and presenting the unit cost for each of the multiple raw energy sources as a time period-based time series of unit costs in a user interface. [0333 - receive energy usage information] In embodiments, a retail consumer energy marketplace may work cooperatively with smart meters that may measure electrical energy usage, such as in a home, office, apartment, and the like. Smart meters may also communicate with usage reading and/or regulating devices within the home, effectively behind the meter from the perspective of the electrical grid. Usage reading and/or regulating devices behind the meter may receive energy usage information being measured by the meter. These devices may also connect through a network, such as a WiFi network (e.g., a WiFi network in the home and the like), a cellular-type network and the like with a platform operating the marketplace. These devices and the marketplace may exchange usage, real-time pricing, capacity, raw energy source utilization, and related information about the energy being provided through the smart meter.), the response indicating a result of the circuitry determining whether the ownership of the energy in the second information has not been changed from the original owner to the user (Bain et al. 2019/0372345 [0337 - obtain and track information about what sources of energy are supplying a grid that will supply energy that can be purchased by a consumer] Energy mix data 172 may obtain and track information about what sources of energy are supplying a grid that will supply energy that can be purchased by a consumer. For example, energy mix data 172 may indicate that only 5% of the energy on the grid at a given time is from renewable energy sources, the rest being from traditional sources like fossil fuels, in which case an environmentally sensitive consumer may refrain from using energy, such as by turning off appliances that consume a large amount of energy. Conversely, the energy mix data 172 may show that a high percentage (e.g., 50%) of energy on the grid comes from renewable sources, in which case the consumer may conclude it is a good time to consume energy to meet “green” or environmental objectives. This data 172 may allow a utility marketplace platform 100 to make a mix of energy production types visible in real-time to the end consumer 132. A consumer 132 may see the mix of energy that is available to be consumed at any point in time and may adjust behavior accordingly, such as to shift usage from when fossil fuels are the primary production types to times when renewable sources are predominant.).
Bain et al. 2019/0372345 may not expressly disclose the “change in ownership” features, however, Potdar et al. 2014/0222698 teaches these features as follows (Potdar et al. 2014/0222698 [0007 - sale and purchase agreements--regarding the connection between the producer of renewable electricity and the entity using the renewable electricity … transfer of ownership documentation for renewable electricity and associated credits is tracked and satisfies all applicable regulatory requirements…] In the event that the renewable electricity is generated on-site: 1) renewable electricity producer's registration with the appropriate agency for renewable fuel credits generation is complete and up to date at all times; 2) regular data collection, aggregation and processing is performed to satisfy reporting and audit requirements of the appropriate agency; 3) production data from the renewable electricity source is tracked continuously; 4) all required information--including, but not limited to, sale and purchase agreements--regarding the connection between the producer of renewable electricity and the entity using the renewable electricity for qualifying purposes, such as charging of electric transportation vehicles (hereinafter "EV station"), is established and collected; and 5) transfer of ownership documentation for renewable electricity and associated credits is tracked and satisfies all applicable regulatory requirements. [0020 - transfer of ownership] Various types of transactions can and need to be performed with renewable fuel credits after their generation. The types of transactions vary between cap and trade programs and may include transfer of ownership, separation from the physical fuel, retirement against the regulated party's obligation, etc. While these transactions are often performed using the appropriate agency's online computer-based platform (hereinafter "environmental credit administration system"), data requirements and administrative burden of registering each of them can be substantial. Furthermore, renewable fuel credits may need to be tracked after generation (e.g. as part of a quality assurance framework's requirements or for establishing the comprehensive credit portfolio of a producer) and data may not only need to be submitted to the appropriate agency's online system, but information such as historical credit inventory for example may need to be imported from the appropriate regulatory databases. Accordingly, advanced tracking of renewable fuel credits may necessitate integration of the online platform with the systems used for regulatory credit administration.). Before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to have modified Bain et al. 2019/0372345 to include the features as taught by Potdar et al. 2014/0222698. One of ordinary skill in the art would have been motivated to do so to utilize well known tools and features to track and record information pertaining to energy including change in ownership and energy usage which should prove to improve user experience, maximize profits, and optimize revenue (i.e., improve user experience).
Claims 29 and 30 are rejected under 35 U.S.C. 103 as being unpatentable over: Bain et al. 2019/0372345; in view of Potdar et al. 2014/0222698; in further view of Nakayama et al. 2019/0288513.
18/954,587 – Claim 29 (New): Bain et al. 2019/0372345 further teaches The apparatus of claim 28, wherein the circuitry is further configured to transmit the first information and the second information to the intermediary server via the network, and the circuitry and the intermediary server communicate to track an exchange of energy (Bain et al. 2019/0372345 [0537 – servers and networks] The server may provide an interface to other devices including, without limitation, clients, other servers, printers, database servers, print servers, file servers, communication servers, distributed servers, social networks, and the like. Additionally, this coupling and/or connection may facilitate remote execution of program across the network. The networking of some or all of these devices may facilitate parallel processing of a program or method at one or more location without deviating from the scope of the disclosure. In addition, any of the devices attached to the server through an interface may include at least one storage medium capable of storing methods, programs, code and/or instructions. A central repository may provide program instructions to be executed on different devices. In this implementation, the remote repository may act as a storage medium for program code, instructions, and programs.).
Bain et al. 2019/0372345 may not expressly disclose the “track an exchange of energy” features, however, Nakayama et al. 2019/0288513 teaches these features as follows (Nakayama et al. 2019/0288513 [0017 - smart contract mechanism of the blockchain technology can keep track of the transactions of energy exchanges between consumers and generators] Blockchain supports the concept of decentralized databases, contracts, and transactions so that any centralized server is no longer needed to keep track of all the records of operations and transactions. The smart contract mechanism of the blockchain technology can keep track of the transactions of energy exchanges between consumers and generators.). Before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to have modified Bain et al. 2019/0372345 to include the features as taught by Nakayama et al. 2019/0288513. One of ordinary skill in the art would have been motivated to do so to utilize well known tools and features to track and record information pertaining to energy including change in ownership and energy usage which should prove to improve user experience, maximize profits, and optimize revenue (i.e., improve user experience).
18/954,587 – Claim 30 (New): Bain et al. 2019/0372345 further teaches The apparatus of claim 29, wherein the circuitry transmits the first information and the second information to the intermediary server in response to receiving the request (Bain et al. 2019/0372345 [0074 - updating a data structure of energy price information] In embodiments, the methods and systems of the present disclosure include a method including updating a data structure of energy price information at least once per time period for multiple raw energy source-differentiated providers of an energy-type that is configured to be available to a consumer as a source of the energy-type delivered over a consumer energy distribution network. The method includes calculating a unit cost for each of multiple consecutive time periods for consumption of a unit of the energy-type delivered over the consumer energy distribution network for each of the multiple raw energy sources and presenting the unit cost for each of the multiple raw energy sources as a time period-based time series of unit costs in a user interface. [0077 - the method includes aggregating information and updating a data structure of raw energy source information] In embodiments, the method includes aggregating information and updating a data structure of raw energy source information at least once per time period for a plurality of raw energy source-differentiated providers of an energy-type delivered over the energy grid that provides the energy to the consumer and using the data structure to enable the visual element indicating a portion of the raw energy source information. [0350 - real-time prices may be updated every 15 minutes] Ensuring pricing integrity of the platform may require handling these time-varying charges with algorithms that account for time variance in some cost information. In embodiments, an initial estimated charge for a consumer for a time interval, such as an operating day and the like may be calculated based on initial estimated usage information provided from an energy utility or the like (e.g., a retail energy service provider) that may have direct access to the consumer's energy meter and based on initial real-time energy pricing information for the energy designated by the consumer for the billing time interval, plus an estimate of other costs, such as regulatory and the like. In embodiments, these other estimates may be based on historical data and the like. Real-time price estimates may be based on geographic or other sectioning of a retail energy distribution network, sometimes referred to as a “load zone.” Real-time prices may be updated more frequently than a billing time interval. In an example, real-time prices may be updated every 15 minutes, whereas a billing time interval may be an operating day, such as a contiguous 24-hour period of consumption, and the like.).
Examiner’s Response to Arguments
Per Applicants’ amendments/arguments, the rejections are withdrawn.
Applicant's arguments have been considered but are moot in view of the new ground(s) of rejection.
Applicants’ amendments have necessitated the new grounds of rejection noted above.
Examiner’s Response: Claim Rejections – 35 USC §112
Per Applicants’ amendments/arguments, the rejections are withdrawn.
Applicant's arguments have been considered but are moot in view of the new ground(s) of rejection.
Applicants’ amendments have necessitated the new grounds of rejection noted above.
Examiner’s Response: Claim Rejections – 35 USC §101
Per Applicants’ amendments/arguments, the rejections are withdrawn. See notes above for additional reasoning and rationale for dropping 35 USC 101 rejection including Applicant’s amendments, arguments, lack of abstract idea, and practical integration.
Applicant's arguments have been considered but are moot in view of the new ground(s) of rejection.
Applicants’ amendments have necessitated the new grounds of rejection noted above.
Regarding Claims 1-15, on page(s) 6-12 of Applicant’s Remarks (dated 12/27/2016), Applicants traverse the 35 USC §101 rejections arguing the following:
Examiner’s Response: Claim Rejections – 35 USC § 102 / § 103
Per Applicants’ amendments/arguments, the rejections are withdrawn. See notes above for additional reasoning and rationale for dropping prior-art rejection including Applicant’s amendments and arguments and unique combination of features and elements not taught by the prior-art without hindsight reasoning.
Applicant's arguments have been considered but are moot in view of the new ground(s) of rejection.
Applicants’ amendments have necessitated the new grounds of rejection noted above.
Regarding Claim X, on page(s) 8-9 of Applicant’s Remarks / After Final Amendments (dated 07/15/2011), Applicant(s) argues that the cited reference(s) (Ellis and Vandermolen) fails to teach, describe, or suggest the amended features. Specifically, Applicant(s) argues that cited reference(s) do not teach, describe, or suggest the following: . With respect, Applicant’s arguments are deemed unpersuasive and the amended feature(s) remain rejected as follows.
With respect, Applicant’s arguments are deemed unpersuasive and the amended feature(s) remain rejected as follows.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
PERTINENT PRIOR ART
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Boucher et al. 2002/0194145 [0008 - Ownership rights in the energy attributes are transferred to the first legal entity in a manner that effectively severs the ownership rights in the energy attributes from the energy generated][0037 - the developer 12 sells or transfers to the actor 10 the present ownership of some or all right, title, or interest in and to energy attributes 20 associated with the energy generated by the facility over its operational life][0039 - energy attributes 20 are "severed" from the energy 22 that generates them by selling or otherwise transferring such energy]
Burns et al. 2010/0293045 [0093 - automate the total record keeping for ownership and changes in ownership]
Mayne et al. 2019/0164236 [0069 - the distributed blockchain application also generates a verifiable record of all the transactions in which ownership of one or more tokens is transferred]
Li et al. 2019/0220856 [0003 - method further comprising transmitting, by the authorizing entity computer, an authorization response message associated with the authorization request message, the authorization response message indicating that the transaction is authorized]
Kurian 2017/0230375 [0002 - private block chain, public block chain, and/or hybrid private and public block chain in order to control secure access to at least the private portions of the one or more block chains]
PERTINENT PRIOR ART – Non-Patent Literature (NPL)
The NPL prior-art made of record and considered pertinent to applicant's disclosure.
THIS ACTION IS MADE FINAL
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 extension fee 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.
THIS ACTION IS MADE FINAL
Applicant’s amendment necessitated new grounds of rejection and FINAL Rejection.
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 extension fee 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 date of this final action.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW T. SITTNER whose telephone number is (571) 270-7137 and email: matthew.sittner@uspto.gov. The examiner can normally be reached on Monday-Friday, 8:00am - 5:00pm (Mountain Time Zone). Please schedule interview requests via email: matthew.sittner@uspto.gov
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/MATTHEW T SITTNER/
Primary Examiner, Art Unit 3629b