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 .
Response to Arguments
Applicant's arguments filed 06/19/2026 have been fully considered but they are not persuasive.
The Remarks allege Wang does not disclose that the current limit value is "a percentage of a maximum continuous electrical load rating for the electrical panel, wherein the load limit is less than the maximum continuous electrical load rating," as required in claim 1. In support of the above the Remarks cite the operation of Wang does not control the power that actually consumed. The Remarks allege the operation of Wang exercises no control of the load.
In response, the claim language presented uses the language “corresponding to a percentage” when referring to a limitation. This limitation is incorrectly represented in the Remarks as the current limit value is a percentage of a maximum. This language of “corresponds to” draws a broad association with the subsequent language. Wang teaches the use of a current limit, as cited in the Non-Final Rejection (at 2), see paragraph 0046 of Wang. Wang teaches the known use of a current limit see Icc, Isyslim or Iccmax. This sets a current limit which may be supplied to the load. Wang teaches the current limit Icc. This limit is less at instances than a value Iccmax with corresponds with rated operational current level (paragraph 0046). Icc (current limit) is less than maximum load rating as in certain instances Icc is increased. Additionally, the Remarks appear more generally directed to the control operations of Wang, rather than the limitation in question. The Remarks conflate the decreasing consumption as distinct from switching off the load, decreasing its consumption to zero. The Remarks (at 11) describe operational differences not tied to any particular claim limitation.
The Remarks more broadly traverse the rejections made in view of Lewchuck. The Remarks here cite the previously discussed a load limit corresponding with a percentage limitation is not taught in Lewchuck. In response, Lewchuck similarly teaches a current limit (see paragraph 162, 259-260). Lewchuck relates this limit with the maximum level in paragraph 0309 which is less than the limited level supplied to the load. Here again it appears the Remarks allege the claim reads a load limit is a percentage of a maximum. However, this is not the presented claim language.
There the prior art discloses claim 1 and 20 and hence the rejection had been made FINAL.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-2, 7-12, 14 and 20-22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wang et al. (US 20220163935).
With respect to claims 1, 20-22 Wang teaches a method of controlling a level of consumption of electrical power distributed by an electrical panel (see paragraph 0003-4) using a load control device (see Fig 1 for example), the method comprising:
consuming the electrical power supplied through the electrical panel using electrical devices (see for example three load outputs paragraph 0035);
detecting a current level of the electrical power using a power meter (paragraph 0044);
comparing (see stop adaptive adjusting paragraph 0046) the detected level to a load limit (Icc, Isyslim or Iccmax paragraph 0046) corresponding to a percentage of a maximum continuous electrical load rating for the electrical panel, wherein the load limit is less than the maximum continuous electrical load rating;
when the detected current level is less than the load limit (Icc, Isyslim or Iccmax paragraph 0046), increasing electrical power consumption by one flexible load (see increasing adaptive adjustment) of the electrical devices to increase the current level using a controller (101) of the load control device;
when the detected current level is greater than or equal to the load limit (stop adaptive adjusting when limit is reached paragraph 0046), decreasing electrical power consumption by the one or more flexible loads to decrease (see adaptive decreasing) the current level using the controller; and
repeating ii-v a limited number of times (see real time responses during power distribution operation paragraph 0043-45).
With respect to claim 2 Wang teaches flexible loads are selected from the group consisting of a thermal device, a heating device, a cooling device and a battery charger (paragraph 0004).
With respect to claims 7-9 Wang teaches adjusting the electrical power consumption by at least one of the flexible loads from a lower level of electrical power consumption to a higher level of electrical power consumption (see adaptive adjusting by increasing).
With respect to claim 10 Wang teaches decreasing electrical power consumption by one or more of the flexible loads comprises deactivating (see switch 102) at least one of the flexible loads
With respect to claim 11 Wang teaches decreasing (adaptive decreasing) the electrical power consumption by at least one of the flexible loads until the current level reaches the load limit.
With respect to claim 12 Wang teaches decreasing the electrical power consumption by at least one of the flexible loads in response to a communication (see data lines from controller to 103) from the controller to the at least one of the flexible loads.
With respect to claim 14 and 22 Wang teaches obtaining one condition using the controller (see detection of overcurrent paragraph 0004, 0056); and adjusting the load limit (see paragraph 0053 disconnecting loads allows other loads more current Icc before reaching Iccmax) based on the one or more conditions using the controller.
Claim Rejections - 35 USC § 103
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, 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.
Claims 3 and 13 area rejected under 35 U.S.C. 103 as being unpatentable over Wang.
With respect to claim 3 Wang teaches the charging applications and consuming the electrical power (consuming power charging load) comprises converting the electrical power into a form (adaptively adjusted) using the one or more flexible loads; however, does not teach the medium being charged. Batteries are well known mediums for being charged. It would have been obvious to one of ordinary skill in the art at the time of the invention to modify Wang to use a battery for predictable result of efficiently charging a battery.
With respect to claim 13 Wang teaches the known use of a load limit based on the rated operation of the switching system (paragraph 0046) however does not teach limit is 25-85% of the rating. It is well known to limit the power level to the rated maximum of the panel for the benefit of preventing damage, of which the Examiner takes Official Notice. It would have been obvious to one of ordinary skill in the art at the time of the invention to modify Wang to try 85% of the rating level for the predictable result of protecting the system from damage.
Claims 4-6 are rejected under 35 U.S.C. 103 as being unpatentable over Wang in view of Chen (US 20140088780).
With respect to claims 4-5 Wang teaches the known use of a switching control system for configuring the power supplied to a load however does not teach a thermal device configured to convert the electrical power into hot or cold heat energy and store the heat energy in its energy storage medium; and the energy storage medium includes a liquid or a solid. Chen teaches a thermal device (water heater paragraph 0053) configured to convert the electrical power into hot or cold heat energy and store the heat energy in its energy storage medium (heating the water for the household uses); and the energy storage medium includes a liquid (water).
With respect to claim 6 Wang as modified by Chen teach comprising releasing the stored heat energy (using the hot water for household uses).
Claims 14-17 and 22-25 are rejected under 35 U.S.C. 103 as being unpatentable over Wang in view of Lewchuck (US 20230120740).
With respect to claims 14-15 and 22-23 Wang teaches using a condition however does not teach the adjusting the limit obtaining weather or time of day condition using the controller; and adjusting the load limit based on the one or more conditions using the controller. Lewchuck teaches the adjusting the limit obtaining weather or time of day condition (see temperature signals or time of day see paragraph 0260 further see weather paragraph 291) using the controller; and adjusting the load limit (see determining the limit or modifying paragraph 0260-261) based on the one or more conditions using the controller. It would have been obvious to one of ordinary skill in the art at the time of the invention to modify Wang to include the control based on time or weather for the benefit of ensuring critical loads maintain operation.
With respect to claim 16 and 24 Wang teaches the condition however does not teach the conditions comprise a remaining energy capacity of the one or more flexible loads. Lewchuck teaches the conditions comprise a remaining energy capacity (paragraph 0315, 317, Fig. 48) of the one or more flexible loads It would have been obvious to one of ordinary skill in the art at the time of the invention to modify Wang to include the control based on the state of charge for the benefit of ensuring critical loads maintain operation prevent an overcurrent or reduce charging times.
With respect to claim 17 and 25 Wang teaches the condition however does not teach the condition is a condition of the power source. Lewchuck teaches electrical power is supplied to the electrical panel by an electrical power source (utility); and the conditions include a condition (peak demand condition paragraph 0268 utility limits paragraph 0311, utility availability paragraph 0366) of the electrical power source. It would have been obvious to one of ordinary skill in the art at the time of the invention to modify reduce costs for a user.
Claims 1-2, 7-9, 14-17, and 20-25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lewchuck et al. (US 20230120740).
With respect to claims 1, 14-17 and 20-25 Lewchuck teaches a method of controlling a level of consumption of electrical power distributed by an electrical panel (see Fig. 1) using a load control device, the method comprising:
consuming the electrical power supplied through the electrical panel using electrical devices (see loads paragraph 0112);
detecting a current level of the electrical power using a power meter (paragraph 0079, 120, 123, 149 or 164);
comparing (paragraph 0233, 260) the detected level to a load limit (paragraph 0162, 259-260) corresponding to a percentage of a maximum continuous electrical load rating (paragraph 0309) for the electrical panel;
when the detected current level is less than the load limit (paragraph 0267), increasing electrical power consumption by one flexible load (see paragraph 0287) of the electrical devices to increase the current level using a controller (for example 4525) of the load control device;
when the detected current level is greater than or equal to the load limit, decreasing electrical power consumption by the one or more flexible loads to decrease (paragraph 0286) the current level using the controller; and
repeating ii-v a limited number of times (performing operation each day or week for example).
With respect to claim 2 Lewchuck teaches flexible loads are selected from the group consisting of a thermal device, a heating device, a cooling device and a battery charger (see EV charger).
With respect to claims 7-9 Lewchuck teaches adjusting the electrical power consumption by at least one of the flexible loads from a lower level of electrical power consumption to a higher level of electrical power consumption (see modulating by increasing).
Allowable Subject Matter
Claims 28-31 are allowed for reasons of record.
Conclusion
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 nonprovisional extension fee (37 CFR 1.17(a)) 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michael Fin whose telephone number is (571)272-5921. The examiner can normally be reached Monday-Friday 9am-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rexford Barnie can be reached at 571-272-7429. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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MICHAEL FIN
Primary Examiner
Art Unit 2836
/MICHAEL R. FIN/Primary Examiner, Art Unit 2836
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