UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria, Virginia 2231371450
`www.uspto.gov
`
`15/775,832
`
`05/ 13/2018
`
`Kenichi WATANABE
`
`NIIPPO220WOUS
`
`8858
`
`MARK D. SARALINO (PAN)
`RENNER, OTTO, BOISSELLE & SKLAR, LLP
`1621 EUCLID AVENUE
`19TH FLOOR
`CLEVELAND, OH 44115
`
`PATEL “GNESHKUMAR C
`
`ART UNIT
`2118
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`11/27/2019
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
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`following e—mail address(es):
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`ipdoeket@rennerotto.eom
`
`PTOL-90A (Rev. 04/07)
`
`

`

`0/7709 A0170” Summary
`
`Application No.
`15/775,832
`Examiner
`JIGNESHKUMAR c PATEL
`
`Applicant(s)
`WATANABE, Kenichi
`Art Unit
`AIA (FITF) Status
`2118
`Yes
`
`- The MAILING DA TE of this communication appears on the cover sheet wit/7 the correspondence address -
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a). In no event, however, may a reply be timely filed after SIX (6) MONTHS from the mailing
`date of this communication.
`|f NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1)I Responsive to communication(s) filed on 5/13/18.
`CI A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2a)[:] This action is FINAL.
`
`2b)
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`This action is non-final.
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`3)[:] An election was made by the applicant in response to a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
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`4):] Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Expade Quay/e, 1935 CD. 11, 453 O.G. 213.
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`Disposition of Claims*
`
`5)
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`Claim(s)
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`flis/are pending in the application.
`
`5a) Of the above Claim(s)
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`is/are withdrawn from consideration.
`
`
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`[:1 Claim(s)s_is/are allowed.
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`CIaim(s)—1_—13is/are rejected.
`
`Claim(ss4) /isare objected to.
`
`) ) ) )
`
`S)
`are subject to restriction and/or election requirement
`C] Claim(s
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
`
`participating intellectual property office for the corresponding application. For more information, please see
`
`httpfiwww.”smogovmatentsflnit_events[pph[index.'§p or send an inquiry to PPeredhack@gsptg.ggv.
`
`Application Papers
`
`10):] The specification is objected to by the Examiner.
`
`11)I The drawing(s) filed on 5/13/18 is/are: a)I accepted or b)[j objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`
`12)I Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`
`a). All
`
`b)C] Some**
`
`c)[j None of the:
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`1.I Certified copies of the priority documents have been received.
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`2E] Certified copies of the priority documents have been received in Application No.
`
`3C] Copies of the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`
`** See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date 5/13/18, 9/24/18.
`U.S. Patent and Trademark Office
`
`3) E] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) CI Other-
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20190827
`
`

`

`Application/Control Number: 15/775,832
`Art Unit: 2118
`
`Page 2
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`Notice of Pre-AIA or AIA Status
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`1.
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`The present application, filed on or after March 16, 2013, is being examined under the
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`first inventor to file provisions of the AIA.
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`Status of the Application
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`2.
`
`Claims 1—13 have been examined in this application. This communication is the first
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`action on the merits.
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`Drawings
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`The drawings filed on 5/13/18 are acceptable for examination proceedings.
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`Allowable Subject Matter
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`3.
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`Claim 4 is objected to as being dependent upon a rejected base claim, but would be
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`allowable if rewritten in independent form including all of the limitations of the base claim and
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`any intervening claims.
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`Claim Rejections - 35 US C § 112
`
`The following is a quotation of 35 U.S.C. 112(b):
`(b) CONCLUSION.7The specification shall conclude with one or more claims particularly pointing
`out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the
`invention.
`
`The following is a quotation of 35 U.S.C. 112 (pre—AIA), second paragraph:
`The specification shall conclude with one or more claims particularly pointing out and distinctly
`claiming the subject matter which the applicant regards as his invention.
`
`4.
`
`Regarding claim 11, the claim language "timing at which the control of the received
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`energy starts falls within a lean season” renders the claim indefinite because it is unclear whether
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`the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
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`

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`Application/Control Number: 15/775,832
`Art Unit: 2118
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`Page 3
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`Examiner does not understand the claimed limitation of increasing of the first threshold
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`when timing at which the control of the received energy starts falls within a lean season.
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`Examiner encourage to clarify the “lean season” and its relation with the control of the received
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`energy.
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`Claim Rejections - 35 US C § 103
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`The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness
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`rejections set forth in this Office action:
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`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 of this title, 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.
`
`5.
`
`Claim 1-3, 7, 10, and 12-13 are rejected under 35 U.S.C. 103 as being unpatentable
`
`over Miyazaki (US PG Pub: 2015/0303690) in View of Hanada (US PG Pub: 2014/0225445).
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`6.
`
`Regarding claim 1, Miyazaki teaches a received power control device that performs
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`control of received energy, which is an amount of power received from a power system per
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`predetermined time at a power receiving point to which a load and an electric storage device are
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`electrically connected (e. g., In an electric power supply system 1, a high voltage received from a
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`commercial power source 2 is transformed by a cubicle 6 and supplied to a load 8. Incidentally,
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`the cubicle 6 is a type of power receiving facility and transforms the received high voltage. For
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`example, the cubicle 6 transforms received 6600 VAC to 100 VAC or 200 VAC Moreover, on
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`the customer's side, an electricity storage system 20 including a storage battery that stores the
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`electric power which is supplied from the commercial power source 2 is provided. A peak
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`

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`Application/Control Number: 15/775,832
`Art Unit: 2118
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`Page 4
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`shaving control device 10 performs charge and discharge control of the storage battery of the
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`electricity storage system 20) (Para. [003 l]—[0032]),
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`the received power control device performing the control by controlling charge and
`
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`discharge of at least the electric storage device (e. g., Moreover on the customer's side an
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`electricity storage system 20 including a storage battery that stores the electric power which is
`
`supplied from the commercial power source 2 is provided. A peak shaving control device 10
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`performs charge and discharge control of the storage battery of the electricity storage system 20)
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`(Para. [0032]),
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`the received power control device comprising: a received energy obtainer that
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`periodically obtains information indicating the received energy (e. g., An electric power monitor
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`4 measures the current and the voltage flowing through a power—supply line and measures the
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`input electric power from the commercial power source 2 based on the measurement result. The
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`electricity storage system 20 receives the information on the electric power indicating the input
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`electric power measured by the electric power monitor 4 and uses the information to prevent a
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`backflow) (Para [0034]);
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`a controller that causes at least the electric storage device to discharge to prevent the
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`received energy from exceeding a first threshold (e. g., The controlling section 16 repeatedly
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`acguires the charge and discharge electric power value of charge and discharge and the electric
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`power consumption value measured by the electric power monitor 7 from the electricity storage
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`system 20. If the electric power consumption value exceeds a control threshold value, the
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`controlling section 16 gives an instruction to the electricity storage system 20 to discharge the
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`storage battery) (consumption value exceeds a threshold is interpreted as receiving power
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`threshold) (Para. [0041]);
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`

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`Application/Control Number: 15/775,832
`Art Unit: 2118
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`Page 5
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`a remaining capacity obtainer that periodically obtains information indicating a remaining
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`capacity of the electric storage device (e. g., The controlling section 16 repeatedly acquires the
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`charge and discharge electric power value of charge and discharge and the electric power
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`consumption value measured by the electric power monitor 7 from the electricity storage system
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`Q) (charge and discharge electric power value of storage system is interpreted as remaining
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`capacity of the storage device)(Para. [0041]).
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`Miyazaki does not specifically and a threshold setter that increases the first threshold
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`when an amount of decrease in the remaining capacity per unit time exceeds a second threshold.
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`Hanada teaches and a threshold setter that increases the first threshold when an amount of
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`decrease in the remaining capacity per unit time exceeds a second threshold (e. g., Due to the
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`increasing of the prediction of the power demand and/or the decreasing of the remaining capacity
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`of the power storage device 22 the control unit 3 determines that the predetermined amount of
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`peak cut cannot be achieved only by the discharge from the power storage device 2 (in step S31,
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`"Y"). In the case, the control unit 3 controls the power—generating device 52 so that the power—
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`generating device 5 starts the power generation gstep S32 2. That is, the above—described second
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`peak cut process is executed) (generation increment due to demand increase or decreasing of the
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`remaining capacity is interpreted as increasing the receiving power threshold) (Para. [0070]).
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`Therefore, it would have been obvious to one of ordinary skill in the art before the
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`effective filing date of the claimed invention, having teachings of Miyazaki and Hanada before
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`him/her, to modify the teachings of Miyazaki to include increases the first threshold when an
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`amount of decrease in the remaining capacity per unit time exceeds a second threshold teachings
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`of Hanada in order to carries out the peak cut by carrying out the power generation by the power—
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`

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`Application/Control Number: 15/775,832
`Art Unit: 2118
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`Page 6
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`generating device only when a predetermined amount of the peak cut cannot be achieved only by
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`the discharge from the power storage device (Hanada: Para. [0010]).
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`7.
`
`Regarding claim 2, the combination of Miyazaki, and Hanada teaches the received
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`power control device according to claim 1, wherein Miyazaki further teaches the threshold setter
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`further adjusts the first threshold to a value that is greater than or equal to a maximum value of
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`the received energy over a predetermined period (e.g., First, the controlling section 16
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`determines an initial value of a control threshold value W.sub.T [kW] based on the demand
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`target value determined by the demand target value determining section 12 (S40). It is assumed
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`here that this initial value of the control threshold value W.sub.T [kW] is the same value as the
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`demand target value, but may be a value obtained by slightly increasing or decreasing the
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`demand target value)(demand target is interpreted as maximum value of received energy) (Para.
`
`[0049]).
`
`8.
`
`Regarding claim 3, the combination of Miyazaki, and Hanada teaches the received
`
`power control device according to claim 1, wherein Miyazaki further teaches the threshold setter
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`further adjusts the first threshold to a value that is greater than or equal to a mean value of the
`
`received energy over a predetermined period (e. g., First, the controlling section 16 determines an
`
`initial value of a control threshold value W.sub.T (kW) based on the demand target value
`
`determined by the demand target value determining section 12 (S40). It is assumed here that this
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`initial value of the control threshold value W.sub.T (kW) is the same value as the demand target
`
`value, but may be a value obtained by slightly increasing or decreasing the demand target value)
`
`(demand target is interpreted as mean value of received energy) (Para. [0049]).
`
`9.
`
`Regarding claim 7, the combination of Miyazaki, and Hanada teaches the received
`
`power control device according to claim 1, wherein Hanada further teaches wherein the threshold
`
`

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`Application/Control Number: 15/775,832
`Art Unit: 2118
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`Page 7
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`setter further gives a greater increase to the first threshold as the remaining capacity is lower or
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`as an amount of decrease in the remaining capacity per unit time is greater (e. g., Due to the
`
`increasing of the prediction of the power demand and/or the decreasing of the remaining capacity
`
`of the power storage device 2, the control unit 3 determines that the predetermined amount of
`
`peak cut cannot be achieved only by the discharge from the power storage device 2 gin step S3 12
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`"Y" g. In the case, the control unit 3 controls the power—generating device 52 so that the power—
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`generating device 5 starts the power generation (step S32). That is, the above—described second
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`peak cut process is executed) (Power generation control due to insufficient power by the
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`discharge from the storage device is interpreted to greater increase of the receiving power
`
`threshold) (Para. [0070]).
`
`10.
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`Regarding claim 10, the combination of Miyazaki, and Hanada teaches the received
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`power control device according to claim 1, wherein Hanada further teaches the threshold setter
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`further gives a smaller increase to the first threshold as the reducible amount is greater (e. g., Due
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`to the increasing of the prediction of the power demand and/or the decreasing of the remaining
`
`capacity of the power storage device 2, the control unit 3 determines that the predetermined
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`amount of peak cut cannot be achieved only by the discharge from the power storage device 2 (in
`
`step S3 1, "Y"). In the case, the control unit 3 controls the power—generating device 5, so that the
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`power—generating device 5 starts the power generation (step S32). That is, the above—described
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`second peak cut process is executed) (Para. [0070]).
`
`ll.
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`Regarding claim 12, the combination of Miyazaki, and Hanada teaches the received
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`power control device according to claim 1, wherein Miyazaki further teaches the threshold setter
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`sets, as an initial value of the first threshold, a maximum value of the received energy over a
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`predetermined period (e. g., First, the controlling section 16 determines an initial value of a
`
`

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`Application/Control Number: 15/775,832
`Art Unit: 2118
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`Page 8
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`control threshold value W.sub.T ng) based on the demand target value determined by the
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`demand target value determining section 12 {S40}. It is assumed here that this initial value of the
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`control threshold value W.sub.T ng) is the same value as the demand target value, but may be a
`
`value obtained by slightly increasing or decreasing the demand target value) (Para. [0049]).
`
`12.
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`Regarding claim 13, Claim 13 recites a method that implement a received power control
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`device that performs control of received energy of claim 1, with substantially the same
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`limitations, respectively. Therefore the rejection applied to claim 1 also applies to claim 13.
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`13.
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`Claims 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Miyazaki in
`
`View of Hanada, and further in View of Sugeno (US PG Pub: 2013/0264865).
`
`14.
`
`Regarding claim 5, the combination of Miyazaki, and Hanada teaches the received
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`power control device according to claim 1 but does not specifically teach wherein the threshold
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`setter further sets the second threshold to a value that is less than or equal to the remaining
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`capacity.
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`Sugeno teaches wherein the threshold setter further sets the second threshold to a value
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`that is less than or equal to the remaining capacity (e. g., 3) The electric power supplying
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`apparatus described in the paragraph (1 2, wherein a second threshold value is set for the
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`remaining capacity of the electric storage device: and when the remaining capacity is larger than
`
`the second threshold value) (Para. [0228]).
`
`Therefore, it would have been obvious to one of ordinary skill in the art before the
`
`effective filing date of the claimed invention, having combined teachings of Miyazaki, Hanada
`
`and Sugeno before him/her, to modify the combined teachings of Miyazaki, and Hanada to
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`include the teachings of Sugeno in order to control charge/discharge process of the electric
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`storage device as a optimization process.
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`

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`Application/Control Number: 15/775,832
`Art Unit: 2118
`
`Page 9
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`15.
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`Regarding claim 6, the combination of Miyazaki, and Hanada teaches the received
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`power control device according to claim 1 but does not specifically teach wherein the threshold
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`setter further sets the second threshold to a smaller value as the remaining capacity is lower.
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`Sugeno teaches wherein the threshold setter further sets the second threshold to a smaller
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`value as the remaining capacity is lower (e. g., Also, the threshold value Cap2, for example, is
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`set to 30%) (Para. [0132]).
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`16.
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`Claims 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Miyazaki in
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`View of Hanada, and further in View of Forbes (US PG Pub: 2010/0235008).
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`17.
`
`Regarding claim 8, the combination of Miyazaki, and Hanada teaches the received
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`power control device according to claim 1 but does not specifically teach further comprising a
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`reducible amount obtainer that obtains a reducible amount of power consumed by the load, and
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`the controller controls the power consumed by the load within the reducible amount.
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`Forbes teaches further comprising a reducible amount obtainer that obtains a reducible
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`amount of power consumed by the load, and the controller controls the power consumed by the
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`load within the reducible amount (e. g., The control event may be initiated in response to a
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`command from a utility, stored customer personal settings, a separate reguest from a customer,
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`or otherwise. An amount of power reduced during the control event is then determined based on
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`the stored power consumption data) (Para. [0032]).
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`Therefore, it would have been obvious to one of ordinary skill in the art before the
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`effective filing date of the claimed invention, having combined teachings of Miyazaki, Hanada
`
`and Forbes before him/her, to modify the combined teachings of Miyazaki, and Hanada to
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`include the teachings of Forbes in order to determine renewable energy credits earned as a result
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`

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`Application/Control Number: 15/775,832
`Art Unit: 2118
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`Page 10
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`of a control event in which power is reduced to at least one service point connected to a power
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`grid serviced by at least one utility (Forbes: Para. [0032]).
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`17.
`
`Regarding claim 9, the combination of Miyazaki, and Hanada teaches the received
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`power control device according to claim 8 but does not specifically teach wherein the threshold
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`setter further sets the second threshold to a greater value as the reducible amount is greater.
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`Forbes teaches wherein the threshold setter further sets the second threshold to a greater
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`value as the reducible amount is greater (e. g., Allowing the ALMS 10 to control when power
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`stored by power storage devices 62 is used enables a utility to draw power from power storage
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`devices 62 during times of critical need in order to avoid a brownout or blackout. If power is
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`allowed to be drawn from the power storage device 62 in response to a request from a utility to
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`the ALMS 10, an alert is sent to the customer. The customer may be provided a reward,
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`monetary credit or other benefit to encourage participation in storage device management) (Para.
`
`[0140]).
`
`Conclusion
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to JIGNESHKUMAR C PATEL whose telephone number is
`
`(571)270—0698. The examiner can normally be reached on Monday — Friday, 7:00 AM — 5:00
`
`PM.
`
`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.
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`

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`Application/Control Number: 15/775,832
`Art Unit: 2118
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`Page 11
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, ROBERT E FENNEMA can be reached on (571)272—2748. The fax phone number
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`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
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`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
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`
`/JIGNESHKUMAR C PATEL/
`
`Examiner, Art Unit 2118
`
`