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 .
Status of Claims
Office Action is in response to the Applicant's amendments and remarks filed2/4/2025. Claims 1-21 were cancelled. Claims 22-39 are new. Claims 22-39 are presently pending and presented for examination.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 1/17/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 22-39 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claim recites method for assessing utility consumption.
Step 2A – Prong 1
Independent Claims 22 and 39 as a whole recite a method of organizing human activity. The limitations from exemplary Claim 1 reciting “system to universally assess composite utility consumption comprising:- multiple disparate utility [...] data inputs, each specific to sense consumption of a particular commodity type;- a local, on-site collected utility use information [...] responsive to each of said multiple disparate utility [...] data inputs;- a multiple access capability, disparate utility rate information acquisition capability that has a plurality of active capabilities, each corresponding to one of said multiple disparate utility [...] data inputs;- a disparate utility rate information data [...] responsive to said multiple access capability, disparate utility rate information acquisition capability;- a real-time, current composite utility estimated [...] that provides a current composite utility cost indication across all of said multiple disparate utility [...] data inputs in response to said local, on-site collected utility use information [...] and said disparate utility rate information data [...] and that provides real-time, current composite utility estimated economic spend information in a way that generates a range totaled composite economic spend indication totaled across similar ranges for each of said multiple disparate utility [...] data inputs, and that is configured through [...] programming to provide said real-time, current composite utility estimated economic spend information in a way that automatically transforms disparate data to values that span comparable unit ranges and to automatically generate current composite utility cost indications in real-time in response to all of said multiple disparate utility [...] data inputs; - a current composite utility cost indication [...] responsive to said real-time, current composite utility estimated [...];-a real-time, current estimated utility cost indication [...] responsive to said current composite utility cost indication [...] and having a new pre- and post-event change comparison calculation capability at a composite level in real time configured to act automatically through [...] programming that is configured to act in a way that relates a change of [...] to said current composite utility cost indications stored in said current composite utility cost indication [...], and that is specifically configured in a way that accomplishes isolation of a change effect due to such change of [...] on [...] economic spend information by differential comparison of distinct cost indications for historical calculation of consumption information for said [...] compared to economic spend information for said current composite utility cost indications stored in said current composite utility cost indication [...]; - a visual composite utility cost [...] responsive to said real-time, current estimated utility cost indication” is a method of managing interactions between people, which falls into the certain methods of organizing human activity grouping. The mere recitation of a generic computer (sensor, storage, economic spend generator, processor, change effect isolator, equipment, display of claim 22; sensor, storage, rate information locator, rate information accessor, cost generator, change effect isolator, equipment, display in claim 39) does not take the claim out of the methods of organizing human activity grouping. Thus, the claim recites an abstract idea.
Step 2A - Prong 2: Claims 22-39 and their underlining limitations, steps, features and terms, are further inspected by the Examiner under the current examining guidelines, and found, both individually and as a whole, not to include additional elements that are sufficient to integrate the abstract idea into a practical application. The limitations are directed to limitations referenced in MPEP 2106.05 that are not enough to integrate the abstract idea into a practical application. Limitations that are not enough include, as a non-limiting or non-exclusive examples, such as: (i) adding the words "apply it" (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, e.g., a claim to an abstract idea requiring no more than a generic computer to perform generic computer functions, (ii) insignificant extra solution activity, and/or (iii) generally linking the use of the judicial exception to a particular technological environment or field of use.
This judicial exception is not integrated into a practical application because the claim recites the additional elements of (sensor, storage, economic spend generator, processor, change effect isolator, equipment, display of claim 22; sensor, storage, rate information locator, rate information accessor, cost generator, change effect isolator, equipment, display in claim 39). The sensor, storage, economic spend generator, processor, change effect isolator, equipment, display of claim 22; sensor, storage, rate information locator, rate information accessor, cost generator, change effect isolator, equipment, display in claim 39, are recited at a high level of generality and are generically recited computer elements. The generically recited computer elements amount to simply implementing the abstract idea on a computer. The combination of these additional elements are additional elements do no more than generally link the use of the judicial exception to a particular technological environment or field of use. Accordingly, in combination, these 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.
The claim do not include additional elements that are sufficient to amount to significantly more than the judicial exception because, as discussed above, the additional elements do no more than generally link the use of the judicial exception to a particular technological environment or field of use. Thus, even when viewed as an ordered combination, nothing in the claims add significantly more (i.e. an inventive concept) to the abstract idea. The claims are ineligible.
Dependent claims 23-38 are also directed to same grouping of methods of organizing human activity. The additional elements of the change effect isolator in claims 24-25, 27, 29-30 and 36; equipment in claims 25-28, 31; display of claim 22; rate information locator in claims 23; equipment monitor in claims 27-28; utility cost comparator in claims 30-38; bill data comparator in claims 35, are additional elements do no more than generally link the use of the judicial exception to a particular technological environment or field of use. Accordingly, in combination, these 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.
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.
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.
Claims 22-28, 30-32, 34 and 36-37 are rejected under 35 U.S.C. 103(a) as being unpatentable over Stein et al (US Patent Application Publication No. 20140058572 A1 - hereinafter Stein) in view of Tsypin et al (US Patent Application Publication No. 20100283606 A1 - hereinafter Tsypin) in view of Jeong et al (US Patent Application Publication No. 20150323948 A1 - hereinafter Jeong).
Re. claim 22, Stein teaches:
A system to universally assess composite utility consumption comprising:
- multiple disparate utility sensor data inputs, each specific to sense consumption of a particular commodity type; [Stein; ¶78 mentions local historical weather data is collected, along with ¶136 data of events is acquired across disparate meters].
- a disparate utility rate information data storage responsive to said multiple access capability, disparate utility rate information acquisition capability; [Stein; ¶55 shows data being stored for collected/downloaded storage].
Stein doesn’t teach, Tsypin teaches:
- a local, on-site collected utility use information storage responsive to each of said multiple disparate utility sensor data inputs; [Tsypin; ¶106 shows data is aggregated/stored locally on a mediator].
- a real-time, current composite utility estimated economic spend generator that provides a current composite utility cost indication across all of said multiple disparate utility sensor data inputs in response to said local, on-site collected utility use information storage and said disparate utility rate information data storage and that provides real-time, current composite utility estimated economic spend information in a way that generates a range totaled composite economic spend indication totaled across similar ranges for each of said multiple disparate utility sensor data inputs, and that is configured through processor programming to provide said real-time, current composite utility estimated economic spend information in a way that automatically transforms disparate data to values that span comparable unit ranges and to automatically generate current composite utility cost indications in real-time in response to all of said multiple disparate utility sensor data inputs; [Tsypin; ¶497 shows through the reports stored in database, user is able to view elements such as “As examples, the energy database 2514 may store sensor samples 2516 (e.g., samples of energy consumption or performance of building energy consuming devices), energy metrics 2518 (e.g., measured or computed metrics, optionally based on energy KPIs), utility bill data 2520 (e.g., cost per unit energy, energy consumed, total cost, and date), weather data 2522 (e.g., temperature ranges, dates, expected temperature or temperature variations at any desired interval), or other data that helps the machine 2500 analyze energy consumption, cost, or history”, because the utility bill provides detailed breakdowns such as cost per unit energy, energy consumed along with total cost and date which would allow the consumer to know how their cost is formulated, specifically as it mentions cost per unit energy as one of the elements that can be viewed along with “2514 may store sensor samples 2516 (e.g., samples of energy consumption or performance of building energy consuming devices”. Also shown in ¶321-¶321 real-time pricing provided for electricity such as “system NOC can send real time pricing of electricity for ISO DR programs”].
- a current composite utility cost indication storage responsive to said real-time, current composite utility estimated economic spend generator; [Tsypin; ¶497 and ¶321-¶330].
-a real-time, current estimated utility cost indication change effect isolator responsive to said current composite utility cost indication storage and having a new pre- and post-event change comparison calculation capability at a composite level in real time configured to act automatically through processor programming that is configured to act in a way that relates a change of equipment to said current composite utility cost indications stored in said current composite utility cost indication storage, and that is specifically configured in a way that accomplishes isolation of a change effect due to such change of equipment on equipment economic spend information by differential comparison of distinct cost indications for historical calculation of consumption information for said equipment compared to economic spend information for said current composite utility cost indications stored in said current composite utility cost indication storage; [Tsypin; ¶321-¶330, ¶497].
It would have been obvious to one of ordinary skill in the art before the effective filing date to include limitations as taught by Tsypin in the system of Stein, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
Stein doesn’t teach, Jeong teaches:
- a multiple access capability, disparate utility rate information acquisition capability that has a plurality of active capabilities, each corresponding to one of said multiple disparate utility sensor data inputs; [Jeong; ¶25, ¶29 and ¶36 shows multiple access capability and rate information for plurality of utilities such as gas, water and electricity and states energy consumption can be pulled from the energy meter installed for the building and its collected in real time from the collecting device and stored in database].
It would have been obvious to one of ordinary skill in the art before the effective filing date to include limitations as taught by Jeong in the system of Stein, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
Re. claim 23, Stein in view of Tsypin in view of Jeong teaches system in claim 22.
Stein teaches:
wherein said multiple access capability, disparate utility rate information acquisition capability comprises an automatic real-time, current utility rate information locator. [Stein; ¶55 shows download energy plans].
Re. claim 24, Stein in view of Tsypin in view of Jeong teaches system in claim 22.
Stein doesn’t teach, Tsypin teaches:
wherein said real-time, current estimated utility cost indication change effect isolator further comprises a real-time, current estimated utility cost indication change effect isolator selected from the group consisting of a real-time, current facility estimated utility cost indication change effect isolator, a real-time, current rate estimated utility cost indication change effect isolator, and a real-time, current use estimated utility cost indication change effect isolator. [Tsypin; ¶321-¶330, ¶497].
Re. claim 25, Stein in view of Tsypin in view of Jeong teaches system in claim 22.
Stein teaches:
further comprising a user equipment change indication input to which said real-time, current estimated utility cost indication change effect isolator is responsive. [Stein; ¶253 shows the human interaction for generating alerts for fault detection].
Re. claim 26, Stein in view of Tsypin in view of Jeong teaches system in claim 25.
Stein teaches:
wherein said user equipment change indication input comprises a user equipment change indication input selected from the group consisting of a mere existence of equipment change user input, a detail of equipment configuration change user input, a time of equipment configuration change user input, a type of equipment configuration change user input, and any combination of the foregoing. [Stein; ¶253 shows the human interaction for generating alerts for fault detection].
Re. claim 27, Stein in view of Tsypin in view of Jeong teaches system in claim 22.
Stein doesn’t teach, Tsypin teaches:
further comprising a collected utility data information equipment monitor for at least one specific item of equipment to which said real-time, current estimated utility cost indication change effect isolator is responsive. [Tsypin; ¶321-¶330, ¶497]
Re. claim 28, Stein in view of Tsypin in view of Jeong teaches system in claim 27.
Stein teaches:
further comprising an automatic user equipment change query responsive to said collected utility data information equipment monitor. [Stein; ¶253 shows the human interaction for generating alerts for fault detection].
Re. claim 30, Stein in view of Tsypin in view of Jeong teaches system in claim 22.
Stein teaches:
further comprising an historical utility cost comparator to which said real-time, current estimated utility cost indication change effect isolator is responsive. [Stein; ¶64, ¶55-¶57 shows the user can automatically download their bill and in regards to data comparator it can be understood by the user able to see their rate plans in ¶55 and also in ¶57 as it mentions “The analytic results may be combined with detailed models of utility rate structures that allow accurate pricing information to be associated with specific energy use events or hypothetical scenarios such as the billing impact of a reduction in energy usage at a specific time of day, week, or billing cycle”].
Re. claim 31, Stein in view of Tsypin in view of Jeong teaches system in claim 30.
Stein teaches:
wherein said historical utility cost comparator comprises an historical utility cost comparator selected from the group consisting of a normal operation historical utility cost comparator, a non-operation period historical utility cost comparator, a startup or power up historical utility cost comparator, a shutdown or power off historical utility cost comparator, a weather historical utility cost comparator, a temperature historical utility cost comparator, a pressure historical utility cost comparator, an air flow historical utility cost comparator, a time of day historical utility cost comparator, a time of year historical utility cost comparator, a maintenance historical utility cost comparator, an upgrade historical utility cost comparator, a similar building historical utility cost comparator, a similar facility historical utility cost comparator, a similar equipment historical utility cost comparator, a period timed event trigger historical utility cost comparator, and any combination of the foregoing. [Stein; ¶257 mentions “Fault conditions identified using mathematical classification functions with poor misclassification metrics, high business costs for false positive alerts, or other factors as codified in the rule-based process may be held for review by a human operator”, which can be understood that the fault conditions are the abnormal events that reflect a change in cost as it is further analyzed to determine the root cause of the fault condition].
Re. claim 32, Stein in view of Tsypin in view of Jeong teaches system in claim 30.
Stein teaches:
wherein said historical utility cost comparator comprises a pre-change versus post- change historical utility cost comparator. [Stein; ¶64 and ¶257].
Re. claim 34, Stein in view of Tsypin in view of Jeong teaches system in claim 30.
Stein teaches:
further comprising an abnormal cost occurrence identifier responsive to said historical utility cost comparator. [Stein; ¶257 mentions “Fault conditions identified using mathematical classification functions with poor misclassification metrics, high business costs for false positive alerts, or other factors as codified in the rule-based process may be held for review by a human operator”, which can be understood that the fault conditions are the abnormal events that reflect a change in cost as it is further analyzed to determine the root cause of the fault condition].
Re. claim 36, Stein in view of Tsypin in view of Jeong teaches system in claim 22.
Stein teaches:
further comprising a differential utility cost comparator to which said real-time, current estimated utility cost indication change effect isolator is responsive. [Stein; ¶253 shows the human interaction for generating alerts for fault detection].
Re. claim 37, Stein in view of Tsypin in view of Jeong teaches system in claim 36.
Stein teaches:
wherein said differential utility cost comparator comprises a user selectable differential utility cost comparator. [Stein; ¶55-¶57 shows the user can automatically download their bill which is a way of being able to visually see the cost display for a utility cost and it is stored as the user is able to view the current rate plans in ¶55 and also in ¶57 as it mentions “The analytic results may be combined with detailed models of utility rate structures that allow accurate pricing information to be associated with specific energy use events or hypothetical scenarios such as the billing impact of a reduction in energy usage at a specific time of day, week, or billing cycle”].
Claims 29 and 33 are rejected under 35 U.S.C. 103(a) as being unpatentable over Stein in view of Tsypin in view of Jeong in view of Daily et al (US Patent Application Publication No. 20100064001 A1 - hereinafter Daily).
Re. claim 29, Stein in view of Tsypin in view of Jeong teaches system in claim 22.
Stein doesn’t teach, Daily teaches:
further comprising a collected utility data information multi-regression routine to which said real-time, current estimated utility cost indication change effect isolator is responsive. [Daily; ¶186 and Fig. 14 displays variant data in utility cost as it also highlights what can be done to reduce energy costs, within Fig. 14 there is a chart labeled as “Cost Normalization” which presents a display to the user and it’s based on the varying data displayed to the customer as the data clearly varies from month to month specifically from October to December, and on the side a suggestion is made to the customer for how savings can be done to reduce the variance in energy consumption. As the bill provides the utility consumption for prior billing periods the user has the capability to match up their current consumption with past consumption and also as shown in figure 14 it presents what can be done for cost reductions].
It would have been obvious to one of ordinary skill in the art before the effective filing date to include limitations as taught by Daily in the system of Stein, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
Re. claim 33, Stein in view of Tsypin in view of Jeong teaches system in claim 32.
Stein doesn’t teach, Daily teaches:
wherein said pre-change versus post-change historical utility cost comparator comprises a pre-change versus post-change historical utility cost comparator selected from the group consisting of a savings historical utility cost comparator and a percentage savings historical utility cost comparator. [Daily; ¶186 and Fig. 14 displays variant data in utility cost as it also highlights what can be done to reduce energy costs, within Fig. 14 there is a chart labeled as “Cost Normalization” which presents a display to the user and its based on the varying data displayed to the customer as the data clearly varies from month to month specifically from October to December, and on the side a suggestion is made to the customer for how savings can be done to reduce the variance in energy consumption. As the bill provides the utility consumption for prior billing periods the user has the capability to match up their current consumption with past consumption and also as shown in figure 14 it presents what can be done for cost reductions].
It would have been obvious to one of ordinary skill in the art before the effective filing date to include limitations as taught by Daily in the system of Stein, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
Claim 35 is rejected under 35 U.S.C. 103(a) as being unpatentable over Stein in view of Tsypin in view of Jeong in view of Al-Harbi et al (US Patent Application Publication No. 20090307116 - hereinafter Al-Harbi).
Re. claim 35, Stein in view of Tsypin in view of Jeong teaches system in claim 30.
Stein doesn’t teach, Al-Harbi teaches:
wherein said historical utility cost comparator comprises a retroactive utility supplier bill data comparator. [Al-Harbi; ¶15 shows water meter that provides information in regards to water consumed during periods of peak usage].
It would have been obvious to one of ordinary skill in the art before the effective filing date to include limitations as taught by Al-Harbi in the system of Stein, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. Also since it “comprises a interactive flow of information between a supplier and a plurality of customers to optimize the efficient use of water”, [Al-Harbi; ¶7].
Claim 38 is rejected under 35 U.S.C. 103(a) as being unpatentable over Stein in view of Tsypin in view of Jeong in view of Rosenfeld et al (US Patent Application Publication No. 20040043760 A1 - hereinafter Rosenfeld).
Re. claim 38, Stein in view of Tsypin in view of Jeong teaches system in claim 37.
Stein doesn’t teach, Rosenfeld teaches:
wherein said user selectable differential utility cost comparator comprises a user selection recommendation differential utility cost comparator. [Rosenfeld; ¶18, ¶38 and ¶130 mentions the end-user can select for parameters to be collected].
It would have been obvious to one of ordinary skill in the art before the effective filing date to include limitation(s) as taught by Rosenfeld in the system of Stein, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
Claim 39 is rejected under 35 U.S.C. 103(a) as being unpatentable over Stein in view of Jeong in view of Tsypin.
Re. claim 39, Stein teaches:
A system to assess utility consumption comprising:
- at least one utility sensor data input; [Stein; ¶78 mentions local historical weather data is collected, along with ¶136 data of events is acquired across disparate meters].
- a utility use information storage responsive to said at least one utility sensor data input; [Stein; ¶55 shows data being stored for collected/downloaded storage].
- a real-time, current utility rate information locator; [Stein; ¶55 shows download energy plans].
- a utility rate information data storage responsive to said at least one real-time, current utility rate information accessor; [Stein; ¶55 shows data being stored for collected/downloaded storage].
- a real-time, current utility estimated cost generator that provides at least some real-time, current utility cost indication in response to said utility use information storage and said utility rate information data storage; [Stein; ¶257 mentions “Fault conditions identified using mathematical classification functions with poor misclassification metrics, high business costs for false positive alerts, or other factors as codified in the rule-based process may be held for review by a human operator”, which can be understood that the fault conditions are the abnormal events that reflect a change in cost as it is further analyzed to determine the root cause of the fault condition].
- a utility cost indication storage responsive to said real-time, current utility estimated cost generator; [Stein; ¶55 shows data being stored for collected/downloaded storage].
- a display responsive to said real-time, current estimated utility cost indication change effect isolator. [Stein; ¶55-¶57 shows the user can automatically download their bill which is a way of being able to visually see the cost display for a utility cost and it is stored as the user is able to view the current rate plans in ¶55 and also in ¶57 as it mentions “The analytic results may be combined with detailed models of utility rate structures that allow accurate pricing information to be associated with specific energy use events or hypothetical scenarios such as the billing impact of a reduction in energy usage at a specific time of day, week, or billing cycle”].
Stein doesn’t teach, Jeong teaches:
- at least one real-time, current utility rate information accessor corresponding to said at least one utility sensor data input and that is responsive to said real-time, current utility rate information locator; [Jeong; ¶25, ¶29 and ¶36 shows multiple access capability and rate information for plurality of utilities such as gas, water and electricity and states energy consumption can be pulled from the energy meter installed for the building and its collected in real time from the collecting device and stored in database].
It would have been obvious to one of ordinary skill in the art before the effective filing date to include limitation(s) as taught by Jeong in the system of Stein, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
Stein doesn’t teach, Tsypin teaches:
- a real-time, current estimated utility cost indication change effect isolator responsive to said utility cost indication storage configured to act in a way that relates a change of equipment to said at least some real-time, current utility cost indication stored in said utility cost indication storage; [Tsypin; ¶321-¶330, ¶497].
It would have been obvious to one of ordinary skill in the art before the effective filing date to include limitation(s) as taught by Tsypin in the system of Stein, since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
Conclusion
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/IBRAHIM N EL-BATHY/Primary Examiner, Art Unit 3628