DETAILED ACTION
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 . This office action is in response to applicant's communication of December 31, 2024. The rejections are stated below. Claims 1-20 are pending and have been examined.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea of method/system for generating offer price based on forecast and agreement parameters without significantly more.
Claim 1 is recites the abstract idea of generating offer price based on forecast and agreement parameters which is grouped under “organizing human activity… fundamental economic practice such including mitigating risk” and “commercial or legal interactions including sales activities or business relations” in prong one of step 2A (MPEP 2106.04).
Claim 1 recites “a method for generating variable offer prices for sale of electricity at energy generation sites comprising:
determining a forecasted real-time locational marginal price (RTLMP) for an energy generation site;
generating an offer price for sale of electricity generated by the energy generation site, the offer price based at least in part on the forecasted RTLMP and one or more agreement parameters, wherein the offer price is configured to reduce a basis risk if the offer price clears a market price; and
posting the offer price …”.
These limitations describe an abstract idea of generating offer price based on forecast and agreement parameters and corresponds to organizing human activity… fundamental economic practice such including mitigating risk” and “commercial or legal interactions including sales activities or business relations”. Accordingly, claim 1 recites an abstract idea (Step 2A: Prong 1: YES).
This judicial exception is not integrated into a practical application. The additional elements, e.g., energy generation sites, real-time, configured, offer portal which do no more than implement the abstract idea and/or provide a particular technological environment. Therefore, claim 1 recites an abstract idea without a practical application (Step 2A - Prong 2: NO).
Further, as the additional elements of claim 1 do no more than serve as a tool to implement the abstract idea and/or provide a particular technological environment, they do not improve computer functionality or improve another technology or technical field. Thus, claim 1 is not patent eligible (Step 2B: NO).
Claims 8 and 13 also recites the abstract idea of processing payments which is grouped under “organizing human activity… fundamental economic practice such including mitigating risk” and “commercial or legal interactions including sales activities or business relations” in prong one of step 2A (MPEP 2106.04). Claim 8 includes the additional elements of “hub of a renewable energy site, configured, offer portal”. Claim 13 includes the additional elements of “system comprising: one or more processors; memories comprising instructions that when executed by the one or more processors, cause the one or more processors to …, energy generation site, configured, offer portal”. Therefore, as the additional elements do no more than serve as a tool to implement the abstract idea and/or provide a particular technological environment they do not improve the functioning of a computer, or improve another technology or technical field (MPEP 2106.05(a).
Claim 2 recites “wherein determining the forecasted RTLMP for an … comprises determining a forecasted RTLMP for a …” which further describe the abstract idea. The claim includes “hub of the energy generation site” as an additional element. The additional element does no more than serve as a tool to implement the abstract idea and/or provide a particular technological environment. Therefore, as the additional element does no more than serve as a tool to implement the abstract idea and/or provide a particular technological environment it does not improve the functioning of a computer, or improve another technology or technical field (MPEP 2106.05(a).
Claim 3 recites “wherein the one or more agreement parameters comprise a power purchase agreement (PPA) value, a production tax credit (PTC) value, or any combination thereof” which further describe the abstract idea.
Claim 4 recites “wherein the offer price is generated further based at least in part on a floor price and a ceiling price” which further describe the abstract idea.
Claim 5 recites “wherein the offer price is generated via a formula comprising: Offer Price= Min((Max(Pfloor,PHubFX)-PPA-PTC),Offer Limit), wherein Pfloor is a floor price, PHubFX is the forecasted RTLMP, PPA is a power purchase agreement value, PTC is production tax credit value, and Offer Limit is a ceiling price” which further describe the abstract idea.
Claim 6 recites “wherein the offer price clears a market price only if a sum of the
one or more agreement parameters is greater than the basis risk” which further describe the abstract idea.
Claim 7 recites “wherein the forecasted RTLMP is a first forecasted RTLMP, wherein the offer price is a first offer price, the method further comprising: determining a second forecasted RTLMP, after a set time interval, for the …, the second RTLMP based, at least in part, on a change in market conditions; generating a second off er price based on the second forecasted RTLMP and the one or more agreement parameters, such that the second offer price is … to reduce a basis risk if the second offer price clears a market price; and posting the second offer price, after the set time interval, in the offer portal” which further describe the abstract idea. The claim includes “energy generation site, configured” as additional elements. The additional elements do no more than serve as a tool to implement the abstract idea and/or provide a particular technological environment. Therefore, as the additional elements do no more than serve as a tool to implement the abstract idea and/or provide a particular technological environment they do not improve the functioning of a computer, or improve another technology or technical field (MPEP 2106.05(a).
Claim 9 recites “further comprising updating the offer price, in …, based at least in part on a change in market conditions” which further describe the abstract idea. The claim includes “real-time” as an additional element. However, the additional element does no more than link the judicial exception to a particular technological environment. Therefore, as the additional elements do no more than serve as a tool to implement the abstract idea and/or provide a particular technological environment they do not improve the functioning of a computer, or improve another technology or technical field (MPEP 2106.05(a).
Claim 10 recites “wherein a change in market conditions causes a change in the forecasted RTLMP” which further describe the abstract idea.
Claim 11 recites “wherein the one or more agreement parameters comprise a power purchase agreement (PPA) value and a production tax credit (PTC) value” which further describe the abstract idea.
Claim 12 recites “wherein the offer price is further configured to prevent a basis risk greater than a sum of values of the one or more agreement parameters if the offer price does not clear the market price” which further describe the abstract idea.
Claim 14 recites “wherein the forecasted RTLMP for an … is determined, at least in part, by determining a forecasted RTLMP for a …” which further describe the abstract idea. . The claim includes “hub of the energy generation site” as an additional element. The additional element does no more than serve as a tool to implement the abstract idea and/or provide a particular technological environment. Therefore, as the additional element does no more than serve as a tool to implement the abstract idea and/or provide a particular technological environment it does not improve the functioning of a computer, or improve another technology or technical field (MPEP 2106.05(a).
Claim 15 recites “wherein the one or more agreement parameters comprise a power
purchase agreement (PPA) value, a production tax credit (PTC) value, or any combination thereof” which further defines the abstract idea.
Claim 16 recites “wherein the offer price is generated further based at least in part on a floor price and a ceiling price” which further describe the abstract idea.
Claim 17 recites “wherein the offer price is generated via a formula comprising: Offer Price= Min((Max(Pfloor,PHubFX)-PPA-PTC),Offer Limit), wherein Pfloor is a floor price, PHubFX is the forecasted RTLMP, PPA is a power purchase agreement value, PTC is production tax credit value, and Offer Limit is a ceiling price” which further describe the abstract idea.
Claim 18 recites “wherein the offer price clears a market price only if a sum of the one or more agreement parameters is greater than the basis risk” which further describe the abstract idea.
Claim 19 recites “wherein the offer price is generated such that the offer price clears a market price only if the basis risk is less than the one or more agreement parameters” which further describe the abstract idea.
Claim 20 recites “… to update the offer price in real-time based at least in part on an outcome of a previous offer price” which further describe the abstract idea. The claim includes “wherein the instructions, when executed by the one or more processors, further cause the one or more processors, real-time” as additional elements. The additional elements do no more than serve as a tool to implement the abstract idea and/or provide a particular technological environment. Therefore, as the additional elements do no more than serve as a tool to implement the abstract idea and/or provide a particular technological environment they do not improve the functioning of a computer, or improve another technology or technical field (MPEP 2106.05(a).
Claim Rejections – 35 USC 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that
form the rejections under this section made in this Office action.
A person shall be entitled to a patent unless -
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-4, 6-16, and 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tobin [US Pub No. 2021/0194245 A1].
Regarding claim 1, Tobin discloses a method for generating variable offer prices for sale of electricity at energy generation
sites comprising:
determining a forecasted real-time locational marginal price (RTLMP) for an energy generation site (0044, 0046, Figure 10 54b);
generating an offer price for sale of electricity generated by the energy generation site (0044), the offer price based at least in part on the forecasted RTLMP (0034) and one or more agreement parameters (0030), wherein the offer price is configured to reduce a basis risk if the offer price clears a market price (0030, 0048);and
posting the offer price in an offer portal (0012, 0044-0045).
Regarding claim 2, Tobin discloses the method of claim 1, wherein determining the forecasted RTLMP for an energy generation site comprises determining a forecasted RTLMP for a hub of the energy generation site (0044, 0046, Figure 10 54b).
Regarding claim 3, Tobin discloses the method of claim 1, wherein the one or more agreement parameters comprise a power purchase agreement (PPA) value, a production tax credit (PTC) value, or any combination thereof (0025, 0030, 0059).
Regarding claim 6, Tobin discloses the method of claim 1, wherein the offer price clears a market price only if a sum of the one or more agreement parameters is greater than the basis risk (0025, 0030)
Regarding claim 7, Tobin discloses the method of claim 1, wherein the forecasted RTLMP is a first forecasted RTLMP,
wherein the offer price is a first offer price, the method further comprising:
determining a second forecasted RTLMP, after a set time interval, for the energy generation site, the second RTLMP based, at least in part, on a change in market conditions (0044, 0046, Figure 10 54b);
generating a second offer price based on the second forecasted RTLMP and the one or more agreement parameters, such that the second offer price is configured to reduce a basis risk if the second offer price clears a market price (0030, 0048); and
posting the second offer price, after the set time interval, in the offer portal (0012, 0044-0045).
Regarding claim 8, Tobin discloses a method comprising:
determining a second forecasted RTLMP, after a set time interval, for the energy generation site (0044, 0046, Figure 10 54b),
generating a second off er price based on the second forecasted R TLMP and the one or more agreement parameters, such that the second offer price is configured to reduce a basis risk if the second offer price clears a market price (0030, 0048); and
posting the second offer price, after the set time interval, in the offer portal (0012, 0044-0045).
Regarding claim 9, Tobin discloses the method of claim 8, further comprising updating the offer price, in real-time, based at least in part on a change in market conditions (0021).
Regarding claim 10, Tobin discloses the method of claim 8, wherein a change in market conditions causes a change in the forecasted RTLMP (0021).
Regarding claim 11, Tobin discloses the method of claim 8, wherein the one or more agreement parameters comprise a power purchase agreement (PPA) value and a production tax credit (PTC) value (0025, 0030, 0059).
Regarding claim 12, Tobin discloses the method of claim 8, wherein the offer price is further configured to prevent a basis risk greater than a sum of values of the one or more agreement parameters if the offer price does not clear the market price (0025, 0030).
Regarding claim 13, Tobin discloses a system comprising: one or more processors; memory comprising instructions that when executed by the one or more processors, cause the one or more processors to:
determine a forecasted real-time locational marginal price (RTLMP) for an energy
generation site (0044, 0046, Figure 10 54b);
generate an off er price for sale of electricity generated by the energy generation
site, the offer price based at least in part on the forecasted RTLMP and one or more
agreement parameters, wherein the offer price is configured to reduce a basis risk if the
offer price clears a market price (0030, 0048); and
post the offer price in an offer portal (0012, 0044-0045).
Regarding claim 14, Tobin discloses the system of claim 13, wherein the forecasted RTLMP for an energy generation site is determined, at least in part, by determining a forecasted RTLMP for a hub of the energy generation site (0044, 0046, Figure 10 54b).
Regarding claim 15, Tobin discloses the system of claim 13, wherein the one or more agreement parameters comprise a power purchase agreement (PPA) value, a production tax credit (PTC) value, or any combination thereof (0025, 0030).
Regarding claim 18, Tobin discloses the system of claim 13, wherein the offer price clears a market price only if a sum of the one or more agreement parameters is greater than the basis risk (0025, 0030).
Regarding claim 19, Tobin discloses the system of claim 13, wherein the offer price is generated such that the offer price clears a market price only if the basis risk is less than the one or more agreement parameters (0025, 0030).
Regarding claim 20, Tobin discloses the system of claim 13, wherein the instructions, when executed by the one or more processors, further cause the one or more processors to update the offer price in real-time based at least in part on an outcome of a previous offer price (0021).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
Claims 4 and 16 are rejected under 35 U.S.C. 103(a) as being unpatentable over Tobin [US Pub No. 2021/0194245 A1] in view of Dines et al. [US Pub No. 2002/0052817 A1].
Regarding claims 4 and 16, Tobin does not disclose however Dines teaches wherein the offer price is generated further based at least in part on a floor price and a ceiling price (0003). Before the effective filing date, it would have been obvious to a person of ordinary skill in the art to modify the disclosure of Tobin to include the teachings of Dines. The rationale to combine the teachings would be to reduce risk associated with price variations.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN T POE whose telephone number is (571)272-9789. The examiner can normally be reached on Monday-Friday 9:30am through 6pm EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ryan Donlon can be reached on 571-270-3602. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see https://ppair-my.uspto.gov/pair/PrivatePair. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/K.T.P/Examiner, Art Unit 3692 /KEVIN T POE/
/RYAN D DONLON/ Supervisory Patent Examiner, Art Unit 3692 July 28, 2026
Prosecution Insights