DETAILED ACTION
Claims 1-20 are pending.
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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-2, 4-5, 8, 9, 11, 14, 15, 16, 17, 18, 19, 20, 21, 24, 25, 26, 27, and 28, respectively, of U.S. Patent No 12,197,240. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims are anticipated by the reference claims. It can be noted that the claims contain language in alternative form. See table below:
US PATENT NO. 12,197,240
INSTANT APPLICATION
1. A method comprising:
receiving, at a first control system, information indicative of a power-generation economic signal, wherein the power-generation economic signal is indicative of power availability or power cost for power from a power source;
based on the received information indicative of the power-generation economic signal, performing an identification of, by the first control system, at least one of: (i) a change in value of the power-generation economic signal exceeding a predefined threshold change in value, (ii) a value of the power-generation economic signal being below a predefined lower threshold limit, or (iii) a value of the power-generation economic signal being above a predefined upper threshold limit, wherein the power-generation economic signal is based on a comparison of a first price for power grid power relative to a second price for behind-the-meter power; and
based on the identification, performing: (i) adjusting a rate of power use by a flexible datacenter and (ii) determining and providing an indication of computation resource availability to a second control system,
wherein the flexible datacenter comprises a power input system, a power distribution system, and a plurality of computing systems configured to receive power from the power input system via the power distribution system; and
wherein the adjusting the rate of power use by the flexible datacenter comprises activating or de-activating power to one or more computing systems of the plurality of computing systems based on the identification, and wherein the indication of computation resource availability is based on activating or deactivating the power to the one or more computing systems.
2. The method of claim 1, wherein the first control system comprises a datacenter control system collocated with the flexible datacenter.
4. The method of claim 2, wherein the first control system is configured to receive power from a power grid.
5. The method of claim 2 wherein the first control system is configured to receive power from a power grid to keep the first control system powered when power to the plurality of computing systems is de-activated.
8. The method of claim 1, wherein the second control system comprises a datacenter control system collocated with the flexible datacenter and at least one additional flexible datacenter.
9. The method of claim 8, wherein the second control system is configured to receive power from a power grid.
11. The method of claim 1, wherein the first control system and the second control system are the same control system.
14. The method of claim 1, wherein activating or de-activating power to one or more computing systems of the plurality of computing systems comprises adjusting power to one or more computing systems of the plurality of computing systems between a fully operational status and an offline status.
15. The method of claim 14, wherein in the fully operational status, power is activated to each of the one or more computing systems of the plurality of computing systems.
16. The method of claim 15, wherein in the offline status, power is deactivated to each of the one or more computing systems of the plurality of computing systems.
17. The method of claim 16, wherein in the offline status, the first control system remains powered.
18. The method of claim 1, wherein the power-generation economic signal is based on a cost of power received from a power grid.
19. The method of claim 1, wherein the power-generation economic signal is based on a purchase price for power associated with the flexible datacenter.
20. The method of claim 1, wherein the power-generation economic signal is based on a cost associated with selling power from an amount of behind-the-meter power to a power grid.
21. A system comprising:
a flexible datacenter comprising:
a power input system,
a power distribution system, and
a plurality of computing systems configured to receive power from the power input system via the power distribution system; and
a first control system configured to:
receive information indicative of a power-generation economic signal, wherein the power-generation economic signal is indicative of power availability or power cost for power from a power source;
based on the received information indicative of the power-generation economic signal, performing an identification of at least one of:
(i) a change in value of the power-generation economic signal exceeding a predefined threshold change in value,
(ii) a value of the power-generation economic signal being below a predefined lower threshold limit, or
(iii) a value of the power-generation economic signal being above a predefined upper threshold limit, wherein the power-generation economic signal is based on a comparison of a first price for power grid power relative to a second price for behind-the-meter power; and
based on the identification, perform:
(i) adjusting a rate of power use by a flexible datacenter comprising a plurality of computing systems, and
(ii) determining and providing an indication of computation resource availability to a second control system;
wherein the adjusting the rate of power use by the flexible datacenter comprises activating or de-activating power to one or more computing systems of the plurality of computing systems based on the identification, and wherein the indication of computation resource availability is based on activating or deactivating the power to the one or more computing systems.
24. The system of claim 21, wherein the first control system comprises a remote master control system located remote from the flexible datacenter.
25. The system of claim 21, wherein activating or de-activating power to one or more computing systems of the plurality of computing systems comprises adjusting power to one or more computing systems of the plurality of computing systems between a fully operational status and an offline status, wherein in the fully operational status, power is activated to each of the one or more of the plurality of computing systems, and wherein in the offline status, power is deactivated to each of the one or more of the plurality of computing systems.
26. The system of claim 25, wherein in the offline status, the first control system remains powered.
27. The system of claim 21, wherein the power-generation economic signal is based on a purchase price for power associated with the flexible datacenter.
28. A non-transitory computer-readable medium configured to store instructions, that when executed by one or more processors, cause a control system to perform functions comprising:
receiving information indicative of a power-generation economic signal, wherein the power-generation economic signal is indicative of power availability or power cost for power from a power source;
based on the received information indicative of the power-generation economic signal, performing an identification of at least one of:
(i) a change in value of the power-generation economic signal that exceeds a predefined threshold change in value,
(ii) a value of the power-generation economic signal that is below a predefined lower threshold limit, or
(iii) a value of the power-generation economic signal that is above a predefined upper threshold limit, wherein the power-generation economic signal is based on a comparison of a first price for power grid power relative to a second price for behind-the-meter power; and
based on the identification, performing:
(i) adjusting a rate of power use by a flexible datacenter, and
(ii) determining and providing an indication of computation resource availability to a second control system,
wherein the flexible datacenter comprises a behind-the-meter power input system, a power distribution system, and a plurality of computing systems configured to receive power from the behind-the-meter power input system via the power distribution system;
wherein adjusting a rate of power use by the flexible datacenter comprises activating or de-activating power to one or more computing systems of the plurality of computing systems based on the identification, and wherein the indication of computation resource availability is based on activating or deactivating the power to the one or more computing systems.
1. A method comprising:
receiving, at a first control system, information indicative of a power-generation economic signal, wherein the power-generation economic signal is indicative of power availability or power cost for power from a power source, wherein the power source comprises an electrical grid power source and a behind-the-meter power source, wherein power can be received from either or both of the electrical grid and the behind-the-meter power source;
based on the received information indicative of the power-generation economic signal, performing an identification of, by the first control system, at least one of: (i) a change in value of the power-generation economic signal exceeding a predefined threshold change in value, (ii) a value of the power-generation economic signal being below a predefined lower threshold limit, (iii) a value of the power-generation economic signal being above a predefined upper threshold limit, wherein the power-generation economic signal is based on a comparison of a first price for the electrical grid power relative to a second price for the behind-the-meter power, or (iv) a cost associated with switching from receiving behind-the-meter power to receiving electrical grid power; and
based on the identification, performing: (i) adjusting a rate of power use by a flexible datacenter and (ii) determining and providing an indication of computation resource availability to a second control system,
wherein the flexible datacenter comprises a power input system, a power distribution system, and a plurality of computing systems configured to receive power from the power input system via the power distribution system; and
wherein the adjusting the rate of power use by the flexible datacenter comprises activating or de-activating power to one or more computing systems of the plurality of computing systems based on the identification, and wherein the indication of computation resource availability is based on activating or deactivating the power to the one or more computing systems.
2. The method of claim 1, wherein the first control system comprises a datacenter control system collocated with the flexible datacenter.
3. The method of claim 2, wherein the first control system is configured to receive power from a power grid.
4. The method of claim 2 wherein the first control system is configured to receive power from a power grid to keep the first control system powered when power to the plurality of computing systems is de-activated.
5. The method of claim 1, wherein the second control system comprises a datacenter control system collocated with the flexible datacenter and at least one additional flexible datacenter.
6. The method of claim 5, wherein the second control system is configured to receive power from a power grid.
7. The method of claim 1, wherein the first control system and the second control system are the same control system.
8. The method of claim 1, wherein activating or de-activating power to one or more computing systems of the plurality of computing systems comprises adjusting power to one or more computing systems of the plurality of computing systems between a fully operational status and an offline status.
9. The method of claim 8, wherein in the fully operational status, power is activated to each of the one or more computing systems of the plurality of computing systems.
10. The method of claim 9, wherein in the offline status, power is deactivated to each of the one or more computing systems of the plurality of computing systems.
11. The method of claim 10, wherein in the offline status, the first control system remains powered.
12. The method of claim 1, wherein the power-generation economic signal is based on a cost of power received from a power grid.
13. The method of claim 1, wherein the power-generation economic signal is based on a purchase price for power associated with the flexible datacenter.
14. The method of claim 1, wherein the power-generation economic signal is based on a cost associated with selling power from an amount of behind-the-meter power to a power grid.
15. A system comprising:
a flexible datacenter comprising:
a power input system,
a power distribution system, and
a plurality of computing systems configured to receive power from the power input system via the power distribution system; and
a first control system configured to:
receive information indicative of a power-generation economic signal, wherein the power-generation economic signal is indicative of power availability or power cost for power from a power source, wherein the power source comprises an electrical grid power source and a behind-the-meter power source, wherein power can be received from either or both of the electrical grid and the behind-the-meter power source;
based on the received information indicative of the power-generation economic signal, performing an identification of at least one of:
(i) a change in value of the power-generation economic signal exceeding a predefined threshold change in value,
(ii) a value of the power-generation economic signal being below a predefined lower threshold limit,
(iii) a value of the power-generation economic signal being above a predefined upper threshold limit, wherein the power-generation economic signal is based on a comparison of a first price for power grid power relative to a second price for behind-the-meter power; or
(iv) a cost associated with switching from receiving behind-the-meter power to receiving electrical grid power
based on the identification, perform:
(i) adjusting a rate of power use by a flexible datacenter comprising a plurality of computing systems, and
(ii) determining and providing an indication of computation resource availability to a second control system;
wherein the adjusting the rate of power use by the flexible datacenter comprises activating or de-activating power to one or more computing systems of the plurality of computing systems based on the identification, and wherein the indication of computation resource availability is based on activating or deactivating the power to the one or more computing systems.
16. The system of claim 15, wherein the first control system comprises a remote master control system located remote from the flexible datacenter.
17. The system of claim 15, wherein activating or de-activating power to one or more computing systems of the plurality of computing systems comprises adjusting power to one or more computing systems of the plurality of computing systems between a fully operational status and an offline status, wherein in the fully operational status, power is activated to each of the one or more of the plurality of computing systems, and wherein in the offline status, power is deactivated to each of the one or more of the plurality of computing systems.
18. The system of claim 17, wherein in the offline status, the first control system remains powered.
19. The system of claim 15, wherein the power-generation economic signal is based on a purchase price for power associated with the flexible datacenter.
20. A non-transitory computer-readable medium configured to store instructions, that when executed by one or more processors, cause a control system to perform functions comprising:
receiving information indicative of a power-generation economic signal, wherein the power-generation economic signal is indicative of power availability or power cost for power from a power source, wherein the power source comprises an electrical grid power source and a behind-the-meter power source, wherein power can be received from either or both of the electrical grid and the behind-the-meter power source;
based on the received information indicative of the power-generation economic signal, performing an identification of at least one of:
(i) a change in value of the power-generation economic signal that exceeds a predefined threshold change in value,
(ii) a value of the power-generation economic signal that is below a predefined lower threshold limit, or
(iii) a value of the power-generation economic signal that is above a predefined upper threshold limit, wherein the power-generation economic signal is based on a comparison of a first price for power grid power relative to a second price for behind-the-meter power; or
(iv) a cost associated with switching from receiving behind-the-meter power to receiving electrical grid power
based on the identification, performing:
(i) adjusting a rate of power use by a flexible datacenter, and
(ii) determining and providing an indication of computation resource availability to a second control system,
wherein the flexible datacenter comprises a behind-the-meter power input system, a power distribution system, and a plurality of computing systems configured to receive power from the behind-the-meter power input system via the power distribution system;
wherein adjusting a rate of power use by the flexible datacenter comprises activating or de-activating power to one or more computing systems of the plurality of computing systems based on the identification, and wherein the indication of computation resource availability is based on activating or deactivating the power to the one or more computing systems.
Citation of Pertinent Prior Art
The following prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Lewis et al., US Patent Application Publication No. 2009/0088907 relates to – modular electrical grid interface device.
Conclusion
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/CARLOS R ORTIZ RODRIGUEZ/ Primary Examiner, Art Unit 2119
