Prosecution Insights
Last updated: July 17, 2026
Application No. 19/032,971

METHOD AND APPARATUS TO FORM A VIRTUAL POWER GENERATION COLLECTIVE FROM A DISTRIBUTED NETWORK OF LOCAL GENERATION FACILITIES

Final Rejection §103
Filed
Jan 21, 2025
Priority
Apr 13, 2012 — provisional 61/624,190 +3 more
Examiner
PARRIES, DRU M
Art Unit
2836
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Virtual Electric Inc.
OA Round
2 (Final)
63%
Grant Probability
Moderate
3-4
OA Rounds
1y 9m
Est. Remaining
76%
With Interview

Examiner Intelligence

Grants 63% of resolved cases
63%
Career Allowance Rate
394 granted / 623 resolved
-4.8% vs TC avg
Moderate +13% lift
Without
With
+12.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
28 currently pending
Career history
656
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
91.2%
+51.2% vs TC avg
§102
6.8%
-33.2% vs TC avg
§112
0.7%
-39.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 623 resolved cases

Office Action

§103
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 . 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. Claim(s) 1-26 are rejected under 35 U.S.C. 103 as being unpatentable over Arfin et al. (2010/0057582) and Ransom et al. (WO 2006/059195). Regarding independent claim 1, Arfin teaches (Figs. 1 and 4) a method of accounting for electrical power contributions from a network of contributing facilities, said method comprising: receiving information originating from a first plurality of monitoring stations (110) associated with a first plurality of facilities (Power Station, 100), wherein: said first plurality of facilities is operable to generate (via 102) and consume (via “user electrical loads”) electricity; each of said first plurality of facilities comprises an electricity metering system (108, 110) that communicates with a signing authority selected from a set consisting of a power grid provider (i.e. local utility) and a signing authority of said network ([0102], [0113], [0114]); and said information from said first plurality of monitoring stations comprises information about electricity generation by said first plurality of facilities using an onsite and local power generation capability of the first plurality of facilities, electricity flowing onto a power grid from said first plurality of facilities, electricity consumed by said first plurality of facilities, and electricity flowing into at least one of said first plurality of facilities ([0040], [0088]), determining respective aggregate total power contributions of respective facilities of said first plurality of facilities based on said information originating from said first plurality of monitoring stations associated with said first plurality of facilities ([0102], [0113], [0114], [0133]); and aggregating said respective total power contributions to a total aggregate contribution, wherein said total aggregate contribution represents energy generation capability of said plurality of facilities as a virtual generation entity ([0102], [0113], [0114], [0133]). Arfin fails to explicitly teach verifying the information received from the first plurality of monitoring stations through authentication. Ransom teaches a similar power management system to that of Arfin. Ransom teaches a communication system that sends information between devices and verifies the source of the transmitted information through authentication, wherein the information is accounted-for and attested-to originating from a particular device based on cryptographic signature (ID) of said information ([0025], [0054], among others). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement Ransom’s method of communication (as described throughout [0025] and [0054]) into Arfin’s invention, since it allows for a more secure method of communication between elements and can confirm that the origin of the information is being sent from a verifiable element in the system. This motivation holds true for the rest of the claims below. Regarding claim 2, the Arfin/Ransom combination teaches the respective aggregate total power contributions of said respective facilities are verified through cryptographic authentication of the information provided by each respective facility. ([0025], [0054], among others in Ransom) Regarding claim 3, the Arfin/Ransom combination teaches the respective total power consumptions and respective total power contributions from said first plurality of facilities are passed through a communication network using a predetermined cryptographic system, operable to: transfer said information over said network; encrypt portions of said information; protect the confidentiality and integrity of said information; verify authenticity of said information; facilitate independent attestation of each facility's contribution; and attribute actual contribution of each specific facility of said plurality of facilities. ([0025], [0054], among others in Ransom) Regarding claim 4, the Arfin/Ransom combination teaches a confirmation of receipt information, comprising said respective electricity generation, respective power consumptions and respective power contributions, to said first plurality of facilities is passed through a communication network using a predetermined cryptographically secured system, and is operable to transfer said information over said open network, sign portions of said information, facilitating authentication of receipt, and perform attestation of said information to each specific facility of said plurality of facilities. ([0025], [0054], among others in Ransom) Regarding claim 5, the Arfin/Ransom combination teaches attesting to an authenticity of said information originating from said facility of said plurality of facilities. ([0025], [0054], among others in Ransom) Regarding claim 6, Arfin teaches accounting for said collective generation as a virtual generation entity; charging for use of collectively generated power, and operable to enter into arrangements for supply and re-transmission of said energy generation capability. ([0102], [0113], [0114]) Regarding claim 7, Arfin teaches the virtual generation entity supplying power to a grid provider pursuant to entering into an agreement with a power grid provider based on said information, wherein said agreement prescribes a use of said collective power capability, a supply of power generation to consumers through said power grid, and consumption of power from said collective power capability via said power grid. ([0102], [0113], [0114]) Regarding claim 8, Arfin teaches accounting for said aggregate contribution onto said power grid and consumption via said power grid, by said first plurality of facilities using said information collected from said first plurality of monitoring stations, forming said virtual generation entity ([0102], [0113], [0114]), and the Arfin/Ransom combination teaches the agreement also comprises a predetermined cryptographic system of authentication, encryption, keying information, digital signing, digital certificate, encryption and cryptographic algorithms to create, sign and verify said information ([0025], [0054], among others in Ransom). Regarding claim 9, Arfin teaches the virtual generation entity determining a difference between said total aggregate contribution and said total aggregate consumption; and said virtual generation entity accounting for charging for use of electricity supplied onto said power-grid using said difference. ([0102], [0113], [0114]) Regarding claim 10, Arfin teaches the virtual generation entity accounting for disbursing compensation based on a respective contribution amount to individual contributing facilities within said first plurality of facilities according to a respective contribution of each facility ([0102], [0113], [0114]), wherein the Arfin/Ransom combination teaches the respective contribution amount is authenticated through an examination of the information collected from said first plurality of monitoring stations, using cryptographic authentication to attest to its validity, and attribution to the originating facility, for which compensation is to be disbursed (as described above in Arfin and Ransom). Regarding claim 11, the Arfin/Ransom combination teaches the information is signed with a cryptographic signature at a facility meter and wherein said information is selected from a group consisting of: an amount, time, identifying information, location of said facility, location within said facility, digital certificate, nonce, duration, direction of power flow, method of generation, and location of power contributions and consumption ([0088] of Arfin; [0025], [0054] of Ransom). Regarding claim 12, the Arfin/Ransom combination teaches performing cryptographic processes securing said information, wherein said cryptographic processes authenticate said facility information, and verify facility identifying information, and attribute to a specific facility; and verifying signatures and extracting information related to electricity generation, contributions and consumptions. ([0025], [0054], among others of Ransom) Regarding claim 13, the Arfin/Ransom combination teaches the secure authentication of said information involves analysis of said facility information, comparing against agreed keying information, encryption, certificates, digital signatures using algorithms of said predetermined authentication system, attesting to the validity of said contribution information, and attributing the information to a respective individual facility, using said predetermined secure authentication processes. ([0025], [0054], among others of Ransom) Regarding claims 14 and 23, the Arfin/Ransom combination teaches the first plurality of facilities is provided an acknowledgement (in the form of monthly statements/billing), cryptographically based on information received, verifying and allowing independent confirmation that said information was received and processed by the first plurality of facilities, and said contribution and consumptions will be accounted for in said aggregate totals ([0054] of Ransom). Regarding claim 15, Arfin teaches determining compensation for each of said first plurality of facilities based on said information, wherein said information is selected from the group consisting of: an amount of a respective facility electricity production, consumption, net contribution, a proportion of contribution relative to an aggregate sum of contribution made by each of said first plurality of facilities, a time of day, a duration of contribution and a method of power generation at each facility. ([0113], [0114]) Regarding claims 16-18, the Arfin/Ransom combination teaches the cryptographic processes are performed using cryptographic keys (or based on keying information) and/or digital signing processes and certificate information (or key distribution system) predetermined by said first plurality of facilities, power grid provider and virtual generating entity (based on the agreement/contract). ([0025], [0054], among others of Ransom) Regarding claim 19, Ransom teaches the cryptographic processes are selected from the group consisting of public key, private key, shared secrets, key distribution system, digital signature system, digital certificate system, and asymmetric key cryptosystem. ([0025], [0054], among others of Ransom) Regarding claim 20, the Arfin/Ransom combination teaches said cryptographic material comprises keys, certificates, cryptographic processes, challenge-response protocols, cryptographic signatures, signature distribution processes, and information signing processes. ([0025], [0054], among others of Ransom) Regarding claim 21, the Arfin/Ransom combination teaches the electricity metering system securely incorporates said cryptographic material in a manner that confirms the use of approved metering equipment (encryption keys to identify equipment), confirms the authenticity of information created by said metering equipment, protects the confidentiality and integrity of said information, and enables the detection of false contribution and consumption claims (by invalid elements). ([0025], [0054], among others of Ransom) Regarding claim 22, the Arfin/Ransom combination teaches the virtual power entity is operable to use a predetermined cryptographic authentication system to detect and identify false metering information, report information tampering, and falsely claimed contributions or consumptions. ([0025], [0054], among others of Ransom) Regarding claim 24, the Arfin/Ransom combination teaches determining a compensation amount for a grid provider for a portion of electricity consumed by said first plurality of facilities and said second plurality of facilities, wherein said portion of electricity is conveyed by said grid provider, and wherein said determining said compensation amount for said grid provider is based on cryptographically authenticating information concerning electricity contributed from said first plurality of facilities and consumed by said second plurality of facilities ([0113], [0114] of Arfin; [0025], [0054] of Ransom). Regarding claim 25, the Arfin/Ransom combination teaches the respective aggregate total power consumptions of said respective facilities are verified through cryptographic authentication of the information provided by each respective facility (same teachings as above). Regarding claim 26, the Arfin/Ransom combination teaches verifying compensation for said respective aggregate total power contributions of respective facilities of said first plurality of facilities based on the securely embedded cryptographic material (i.e. encrypted data; [0025], [0054] of Ransom). Response to Arguments 4, Applicant's arguments filed April 28, 2026 have been fully considered but they are not persuasive. Regarding the Applicant’s Overview, the Examiner believes that the Arfin/Ransom combination teaches methods of accounting for electric contributions from a distributed network of local generation facilities ([0113], [0114] of Arfin) that collectively function as a virtual generation entity ([0102] of Arfin). They also teach the use of cryptographic processes to verify, attest to, and attribute to the identity of the contributing facility ([0054] of Ransom; [0088] of Arfin referring to an ID) originating at the facility metering equipment (110) itself ([0088] of Arfin). As a whole, the Arfin reference teaches the claimed setting of the invention (i.e. contributing facilities that generate and consume electricity; receiving information from monitoring stations of each facility; the method of accounting; aggregating contributions; etc.), and Ransom simply teaches a method of communication using cryptographic processes that allows for the verification, authentication, attestation, and attributing information to the correct contributing facility, and the ability to securely send the information to protect confidentiality and integrity. Arfin (at [0102] and [0114]) teaches a method of accounting for power contributions from a network of facilities, and where the contributions are aggregated to form a virtual generation entity that can contract with a power grid provider (i.e. “local utility”). The contributions are aggregated to be able to perform the accounting steps necessary to “issue client statements, revenue checks, invoices, and controls”. The Ransom reference teaches (at [0025], [0054]) a way to communicate the information transmitted and received in Arfin in a secure way that allows for verification, authentication, attestation, and the ability to attribute the correct information to the correct contributing facility, and enables detection of false metering information. Regarding the motivation to combine the teachings of Ransom into the Arfin invention, the modification is merely using Ransom’s techniques of communication in Arfin’s invention to allow for the verification, authentication, attestation, and attribution of information transmitted in Arfin’s invention to be correctly attributed to the correct contributing facility and to enable detection of false metering information. The motivation for this combination would be to allow for the various elements in Arfin’s invention to communicate with one another securely as well as verifying, attesting, attributing, and authenticating the information sent and received to confirm the correct origin of the information. The combination would not require a fundamental redesign of Arfin’s monitoring architecture, just merely the way the monitoring devices communicate with other elements in the system (i.e. by using cryptographic attestation as taught in Ransom). Conclusion 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. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DRU M PARRIES whose telephone number is (571)272-8542. The examiner can normally be reached on Monday -Thursday from 9:00am to 6:00pm. The examiner can also be reached on alternate Fridays. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Rexford Barnie, can be reached on 571-272-7492. 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 http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). DMP 5/21/2026 /DANIEL KESSIE/Primary Examiner, Art Unit 2836
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Prosecution Timeline

Jan 21, 2025
Application Filed
Jan 28, 2026
Non-Final Rejection mailed — §103
Apr 28, 2026
Response Filed
Jun 03, 2026
Final Rejection mailed — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
63%
Grant Probability
76%
With Interview (+12.8%)
3y 3m (~1y 9m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 623 resolved cases by this examiner. Grant probability derived from career allowance rate.

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