DETAILED ACTION
Status of Claims
This is a non-final action in reply to the response filed on May 15, 2025.
Claim 1 has been amended.
Claims 2-19 have been added.
Claims 1-20 are currently pending and have been examined.
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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,315,022 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Application 19/198,209
Patent No. 12,315,022 B2
Claim 1:
receiving, by a computing device, a commitment generated by a distributed resource device, wherein the commitment indicates an operation performed by the distributed resource device to satisfy the commitment and a time interval when the distributed resource device performed the operation at a location, the distributed resource device being associated with a utility meter;
receiving, by the computing device, an event that is generated by the utility meter based on a pattern detected in metrology data indicating usage of a resource at the location during the time interval;
identifying, by the computing device, a first event model that is associated with a pattern of usage of the resource that matches the pattern detected in the metrology data indicating the usage of the resource at the location during the time interval, wherein the first event model is included in a library of event models that associate different patterns of usage of the resource with corresponding types of distributed resource devices;
validating, by the computing device, the commitment in response to determining that at least a type of operation associated with the first event model corresponds to the operation performed by the distributed resource device indicated by the commitment to generate a validated commitment; and
in response to validating the commitment, performing, by the computing device, one or more computing operations to generate an output based on the validated commitment.
Claim 10:
one or more processors; and a memory storing executable instructions that, when executed by the one or more processors, cause the one or more processors to perform steps comprising:
receiving a commitment generated by a resource management device, wherein the commitment indicates a time period when the resource management device performed an operation to alter resource consumption at a location, the resource management device being associated with a utility meter;
receiving an event that is generated by the utility meter based on a pattern detected in metrology data indicating resource consumption at the location during the time period;
mapping the pattern detected in the metrology data indicating the resource consumption to a first event model included in a library of event models, wherein respective event models in the library associate respective operations of resource management devices with respective patterns of resource consumption;
validating the commitment by determining that at least a type of operation associated with the first event model matches the operation performed by the resource management device; and
in response to validating the commitment, performing one or more computing operations to generate an output based on the validated commitment.
Claim 16:
receiving a commitment, wherein the commitment identifies an action performed by a distributed resource device that generated the commitment and a time interval when the distributed resource device managed consumption of a resource at a location by performing the action, the distributed resource device being associated with a utility meter;
receiving an event that is generated by the utility meter based on a time-varying pattern detected in metrology data that indicates the consumption of the resource at the location during the time interval;
identifying, based on the time-varying pattern, a first event model having a matching time-varying pattern for the consumption of the resource, wherein the first event model is included in a library of event models that associate different patterns in the consumption of the resource with corresponding types of actions performed by distributed resource devices;
validating the commitment in response to determining that at least a type of action associated with the first event model corresponds to the action performed by the distributed resource device; and
in response to validating the commitment, performing one or more computing operations to generate an output based on the validated commitment
Claim 1:
receiving, by a computing device, a commitment generated by a distributed resource device, wherein the commitment indicates a type of the distributed resource device and a time interval when the distributed resource device modified usage of a resource at a location, the distributed resource device being associated with a utility meter;
receiving, by the computing device, an event that is generated by the utility meter based on a pattern detected in metrology data indicating usage of the resource at the location during the time interval;
identifying, by the computing device, a first event model that is associated with a pattern detected in the metrology data indicating the usage of the resource that matches the pattern of usage of the resource at the location during the time interval, wherein the first event model is included in a library of event models that associate different patterns of usage of the resource with corresponding types of distributed resource devices;
validating, by the computing device, the commitment in response to determining that at least a type of distributed resource device associated with the first event model corresponds to the type of distributed resource device indicated by the commitment to generate a validated commitment; and
in response to validating the commitment, performing, by the computing device, one or more computing operations to generate an output based on the validated commitment.
Claim 10:
one or more processors; and a memory storing executable instructions that, when executed by the one or more processors, cause the one or more processors to perform operations comprising:
receiving a commitment generated by a resource management device, wherein the commitment indicates a time period when resource consumption at a location was altered by the resource management device, the resource management device being associated with a utility meter;
receiving an event that is generated by the utility meter based on a pattern detected in metrology data indicating resource consumption at the location during the time period;
mapping the pattern detected in the metrology data indicating the resource consumption to a first event model included in a library of event models, wherein respective event models in the library associate respective types of resource management devices with respective patterns of resource consumption;
validating the commitment by determining that at least a type of resource management device associated with the first event model matches a type of the resource management device that generated the commitment to generate a validated commitment; and
in response to validating the commitment, performing one or more computing operations to generate an output based on the validated commitment.
Claim 16:
receiving, by a computing device, a commitment, wherein the commitment identifies a type of a distributed resource device that generated the commitment and a time interval when the distributed resource device managed consumption of a resource at a location, the distributed resource device being associated with a utility meter;
receiving, by the computing device, an event that is generated by the utility meter based on a time-varying pattern detected in metrology data that indicates consumption of the resource at the location during the time interval;
identifying, by the computing device, based on the time-varying pattern, a first event model having a matching time-varying pattern for the consumption of the resource, wherein the first event model is included in a library of event models that associate different patterns in the consumption of the resource with corresponding types of distributed resource devices;
validating, by the computing device, the commitment in response to determining that at least a type of distributed resource device associated with the first event model corresponds to the type of distributed resource device identified by the commitment to generate a validated commitment; and
in response to validating the commitment, performing, by the computing device, one or more computing operations to generate an output based on the validated commitment.
Claims 1-20 (instant) and claims 1-20 (reference Patent) recite common subject matter; Whereby the elements of 1-20 (instant) are fully anticipated by patented claims 1-20, and anticipation is the “ultimate or epitome of obviousness (In re Kalm, 154 USPQ 10 (CCPA 1967)), also In re Dailey, 178 USPQ 923 (CCPA 1973) and In re Pearson, 181 USPQ 641 (CCPA 1974).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Crichlow, Henry (US 6,965,319 B1) disclose a method and system for energy management using intelligent agents over the internet.
Chen et a., (US 2017/0236222 A1) disclose a critical peak pricing demand response participant assessment.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NADJA CHONG whose telephone number is (571)270-3939. The examiner can normally be reached on Monday - Friday 8am-2pm ET. 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, RUTAO WU can be reached on 571.272.6045. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NADJA N CHONG CRUZ/
Primary Examiner, Art Unit 3623
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