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
`
`15/1 14,297
`
`07/26/2016
`
`Noriyoshi SHIMIZU
`
`HOKUP0329WOUS
`
`1 169
`
`MARK D. SARALINO (PAN)
`RENNER, OTTO, BOISSELLE & SKLAR, LLP
`1621 EUCLID AVENUE
`19TH FLOOR
`CLEVELAND, OH 44115
`
`HINCKLEY~ CHASE PAUL
`
`ART UNIT
`2124
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`04/18/2019
`
`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):
`
`ipdoeket@rennerotto.eom
`
`PTOL-90A (Rev. 04/07)
`
`

`

`0/7709 A0170” Summary
`
`Application No.
`15/114,297
`Examiner
`CHASE P HINCKLEY
`
`Applicant(s)
`SHIMIZU, Noriyoshi
`Art Unit
`AIA (FITF) Status
`2124
`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). Responsive to communication(s) filed on 26 July 2016.
`[:1 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2a)D This action is FINAL.
`
`2b)
`
`This action is non-final.
`
`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.
`
`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 Expat/7e Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`
`5)
`
`Claim(s) fl is/are pending in the application.
`
`5a) Of the above claim(s)
`
`is/are withdrawn from consideration.
`
`E] Claim(s)
`
`is/are allowed.
`
`Claim(s) fl is/are rejected.
`
`[:1 Claim(s) _ is/are objected to.
`
`) ) ) )
`
`6 7
`
`8
`
`
`
`are subject to restriction and/or election requirement
`[j Claim(s)
`9
`* If any claims have been determined aflowabie. 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
`
`http://www.uspto.gov/patents/init events/pph/index.jsp or send an inquiry to PPeredback@uspto.gov.
`
`Application Papers
`10). The specification is objected to by the Examiner.
`
`11). The drawing(s) filed on 26 July 2016 is/are: a)[:] accepted or b). 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)[:] Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`
`a)I:I All
`
`b)D Some**
`
`C)D None of the:
`
`1.[:] Certified copies of the priority documents have been received.
`
`2.[:] Certified copies of the priority documents have been received in Application No.
`
`3:] 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 DateW.
`U.S. Patent and Trademark Office
`
`3) C] 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 20190408
`
`

`

`Application/Control Number: 15/114,297
`Art Unit: 2124
`
`Page 2
`
`DETAILED ACTION
`
`1.
`
`2.
`
`This communication is responsive to application 15/114,297 filed 26 July 2016.
`
`The instant application has a total of 9 claims pending in the application, all of which are ready
`
`for examination by the examiner. It is noted that there are two sets of claims with the same filing date,
`
`examination is considered for the amended claim-set wherein claims 1, 3, 5, & 9 are currently amended,
`
`claim 2 is cancelled, and claims 4 & 6-8 are original.
`
`Notice of Pre-AIA or AIA Status
`
`3.
`
`The present application, filed on or after March 16, 2013, is being examined under the first
`
`inventor to file provisions of the AIA.
`
`Information Disclosure Statement
`
`4.
`
`As required by M.P.E.P. 609(c), the applicant’s submissions of the Information Disclosure
`
`Statement dated 07/26/2016 is acknowledged by the examiner and the cited references have been
`
`considered in the examination of the claims now pending. As required by M.P.E.P. 609 C(2), a copy of
`
`the PTOL-1449 initialed and dated by the examiner is attached to the instant office action.
`
`Priority
`
`5.
`
`Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d).
`
`The certified copy has been filed in the instant application with the effective priority date of
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`02/19/2014.
`
`Drawings
`
`6.
`
`The drawings are objected to because Figure 1 is without labels for items 40, 41, 31, & 32.
`
`Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action
`
`

`

`Application/Control Number: 15/114,297
`Art Unit: 2124
`
`Page 3
`
`to avoid abandonment of the application. Any amended replacement drawing sheet should include all of
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`the figures appearing on the immediate prior version of the sheet, even if only one figure is being
`
`amended. The figure or figure number of an amended drawing should not be labeled as ”amended.” If a
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`drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet,
`
`and where necessary, the remaining figures must be renumbered and appropriate changes made to the
`
`brief description of the several views of the drawings for consistency. Additional replacement sheets
`
`may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted
`
`after the filing date of an application must be labeled in the top margin as either ”Replacement Sheet”
`
`or ”New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the
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`applicant will be notified and informed of any required corrective action in the next Office action. The
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`objection to the drawings will not be held in abeyance.
`
`Specification
`
`7.
`
`The disclosure is objected to because of the following informalities: Par [0008] states "Fig. 1 is a
`
`brock diagram" and should read "block diagram". Appropriate correction is required.
`
`8.
`
`The specification is objected to because of the following: clarity is lacking with regard to several
`
`instances of the term ”pieces of power information” which is not a term of art and could be interpreted
`
`any number of ways.
`
`Double Parenting
`
`9.
`
`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
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`assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not
`
`

`

`Application/Control Number: 15/114,297
`Art Unit: 2124
`
`Page 4
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`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
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`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 §§ 706.02(|)(1) - 706.02(|)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit
`
`www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
`
`10.
`
`Claims 1, 3-4, & 9 are provisionally rejected on the ground of nonstatutory double patenting as
`
`being unpatentable over claim 1, 4-6, & 8 of copending Application No. 15/317,096. Although the claims
`
`at issue are not identical, they are not patentably distinct from each other because they both analyze
`
`

`

`Application/Control Number: 15/114,297
`Art Unit: 2124
`
`Page 5
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`power use having steps nearly identical. This is a provisional nonstatutory double patenting rejection
`
`because the patentably indistinct claims have not in fact been patented. See the following comparison
`
`table:
`
`Instant Application
`
`Application No: 15/317,096
`
`Claim 1 (Currently Amended).
`
`Claim 1 (Original).
`
`Ari zippiiance iriference device, comprising:
`
`A power usage stimetion device, comprising:
`
`condition, of the piece of power information stored in the
`
`a receiver configured to receive, from a measuring
`
`device, vaities f electric power conducted in an electricai
`
`an acquisition unit configured to acquire, front a
`
`circuit that an eiectricaiiy~powered appiiance is connected
`
`circuit of a consumer facility;
`
`to;
`
`a first storage configured to store pieces of power
`
`a first storage unit configured to store pieces of
`
`information in eacii of which a value of electric nower
`
`power information each iriciiiding a corresponding one o
`
`received 1:)y‘the receiver is correiaierl with a time;
`
`the power vaiiies acquired tn; the acquisition unit and a day
`
`and a tirne which are associated witli the corresponding one
`
`of the power vaiues;
`
`an analyzer configured, when a -3iece of power
`
`an anaiysis unit configured to ciassify one or more
`
`information stored in the first storage satisfies a prescribed
`
`pieces of power information satisfying a predetermined
`
`condition, to classi v the piece of power in ormation as a
`
`group corresponding to the condition;
`
`

`

`Application/Control Number: 15/114,297
`Art Unit: 2124
`
`Page 6
`
`a second storage configured to store apoiiahce
`
`information that contains a range of vaiues of eiectric power
`
`to be consumed by the appiiance; and a time period with e
`
`_
`_
`probapiiny or operation of the appliance, and that L“:
`
`_
`correlated witn a nante oftne appliance; and
`
`a second 2'
`
`‘
`
`groups tr 1:; wt
`
`~. the pi-ec:
`
`‘
`
`' power iniorniatio
`
`ciassifiecl by the analysis unit; and
`
`an inference module configured to check the piece
`
`an estimation Wilt configured to estimate power
`
`of power information classified as the group by the analyzer
`
`353335 0f the electric Willi” 5‘! comparing the ONE 0! more
`
`pieces of power information or" the groups stored in the
`
`thereby inferring the name ofthe appliance corre -:
`
`‘
`
`.
`
`second storage unit retweeh a piuraiity‘ of days having
`
`to the group, wherein the analyzer comprises:
`
`clifterent “WWW?
`
`Ciaim 4 {Currentiy amended),
`
`The power usage estimation device according to
`
`claim 1, wherein the analysis unit includes
`
`reference value; and
`
`3 statistics processor configured to
`
`‘
`
`'
`
`‘ ticai processor configured to obtain a
`
`calculate frequency distribution in rotation to
`
`frequency distribution or" the power vaiues included ;n the
`
`values of electric power contained :n pieces Of
`
`pieces of power information during a predetermined
`
`330W“ information for a prescribed comparison
`
`comparison period stored in the first storage unit;
`
`time perieo', stored in the first storage;
`
`a reference value adjuster configure '
`
`‘
`
`-‘
`
`.
`_
`‘
`‘
`_
`a reference veiue setting unit configured to define
`
`set a value of e!
`
`do power, which is a maximum
`
`‘
`.
`__
`.
`a most frequent vanre eftne power vanses in the frequency
`
`e ‘L'-i\-i‘tr‘ i‘o,toa
`'
`.
`fre UEI‘C in th tiejuercr r‘l
`ibLti n
`o
`
`.
`_
`K
`ESEIS'L'E'dZJEJ'ti-IN': as a reference value; and
`
`

`

`Application/Control Number: 15/114,297
`Art Unit: 2124
`
`Page 7
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`a classifier configured, when a difference
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`a division processor configured to classify, when
`
`between a vaiue of electric power and the
`
`the predetermined condition includes that a distance
`
`reference value is a threshold or less as said
`
`between the reference value and a power value is less than
`
`c ndition ». satisfied, to classif} the value of
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`or equal to a predetermined threshold and when the power
`
`electric power as the group
`
`value satisfies, the predetermined condition, the power
`
`value into the one of the groups.
`
`Claim 3 (Currently Amended).
`
`Claim 5 (Original).
`
`The a
`
`ance inference device of claim 1, wherein the
`
`The power estimation device according to claim 4, wherein
`
`classifier is configured,
`
`the predetermined condition includes that
`
`when temporally adjoining first and second values
`
`are contained in time series values of electric power within
`
`the comparison tirne period arid has a difference that is;
`
`equal to or less than the threshold compared with the
`
`reference value, and a time difference between a time
`
`the power values generated in time seeue ce
`
`during the comparison period include a first power value and
`
`a second power value, a distance between the first power
`
`value and the reference value and a distance between the
`
`second power value and the reference value being each le_s
`
`correlated with the first value and a time correlated with the
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`than or equal to the predetermined threshoid. the first power
`
`second value is within a prescribed judgment time, as said
`
`value and the secono‘ power value being adjacent to each
`
`other in the time sequeri- 3, and
`
`
`
`a time difference between a time at which the ti
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`power value is generated and a time at which the second
`
`power
`
`value
`
`is
`
`generated
`
`falls
`
`within
`
`predetermined determination period, and
`
`to classify the second vaiue after the first value
`
`into a group that is identicai With that of the first value.
`
`the division or
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`sor is configured tc. when the
`
`predetermined
`
`condii'on
`
`i2;
`
`sail
`
`,
`
`ciassify‘
`
`power
`
`iril'orrriatiori including tlies
`
`3nd powervalue geriera
`
`d in a
`
`

`

`Application/Control Number: 15/114,297
`Art Unit: 2124
`
`Page 8
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`Eater time in the time sequence into a same group as power
`
`information inciuciing the first power vaiue.
`
`Claim 4 (Original).
`
`Claim 6 (Original).
`
`hance inference device of claim 3, wherein
`
`wherein
`
`The power usage estimation device according EC) ciairra 5,
`
`the eiectricai circuit inciise'es hranch circuits that
`
`the eiectric circuit inciudes a piuraiity‘ of branch
`
`diverge from a main circuii,
`
`circuits branched off from a main circuit,
`
`the power estimation device according to claim 1.
`
`the measuring device is configured to measure a
`
`the meter is configured to measure the power
`
`value of electric power for each of the branch circuits, and
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`value of each of ihe branch cira.
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`E‘ 3;, anti
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`the analyzer is configured to aliow the threshoic’é
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`and the judgmeht time to he set for each of the branch
`
`circuits.
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`ihe analysis unit is; coniigui'erl to set the thresnoid
`
`sierrrainarion period for each of ihe branch circ
`
`Claim 9 (Currently Amended).
`
`Claim 8 (Currently Amended).
`
`A program, fo
`
`owing a computer to iunction as; :ne
`
`A program configured to enable a computer to function as
`
`appliance inference device of ciairn 1.
`
`11.
`
`The following is a quotation of 35 U.S.C. 112(f):
`
`Claim Interpretation
`
`

`

`Application/Control Number: 15/114,297
`Art Unit: 2124
`
`Page 9
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`(f) Element in Claim for a Combination. — An element in a claim for a combination may be expressed as
`a means or step for performing a specified function without the recital of structure, material, or acts
`in support thereof, and such claim shall be construed to cover the corresponding structure, material,
`or acts described in the specification and equivalents thereof.
`
`12.
`
`This application includes one or more claim limitations that do not use the word ”means,” but
`
`are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph,
`
`because the claim limitation(s) uses a generic placeholder that is coupled with functional language
`
`without reciting sufficient structure to perform the recited function and the generic placeholder is not
`
`preceded by a structural modifier. Such claim limitations in claim 1 are ”receiver”, ”first storage”,
`
`”analyzer”, ”second storage”, ”inference module”, ”statistics processor”, ”reference value adjuster”,
`
`”classifier”, all of which are followed by the nonce ’configured to’. Similar instances occur in claim 4 for
`
`”measuring device”, claim 5 ”third storage”, and claim 8 ”input interface”.
`
`Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA
`
`35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure
`
`described in the specification as performing the claimed function, and equivalents thereof.
`
`If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or
`
`pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may:
`
`(1) amend the claim limitation(s) to avoid it/them
`
`being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting
`
`sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim
`
`limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being
`
`interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
`
`Claim Rejections - 35 USC § 112
`
`13.
`
`The following is a quotation of 35 U.S.C. 112(b):
`(b) CONCLUSION—The 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.
`
`

`

`Application/Control Number: 15/114,297
`Art Unit: 2124
`
`Page 10
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`14.
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`Claims 1, 4, 5, & 8 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to
`
`particularly point out and distinctly claim the subject matter which the inventor or a joint inventor
`
`regards as the invention. Claim 1 limitations of ”receiver, first storage, analyzer, second storage,
`
`inference module, statistics processor, reference value adjuster, classifier" as well as claim 4 limitation
`
`of "measuring device", claim 5 limitation of "third storage”, and claim 8 limitation of ”input interface” all
`
`invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails
`
`to disclose the corresponding structure, material, or acts for performing the entire claimed function and
`
`to clearly link the structure, material, or acts to the function. In each case of the functional elements,
`
`the drawings do not convey any physical structure and the specification is directed to the configured
`
`operations of functional elements without explicitly conveying the composition thereof. Therefore, the
`
`claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
`
`Applicant may:
`
`(a)
`
`Amend the claim so that the claim limitation will no longer be interpreted as a limitation under
`
`35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
`
`(b)
`
`Amend the written description of the specification such that it expressly recites what structure,
`
`material, or acts perform the entire claimed function, without introducing any new matter (35
`
`U.S.C. 132(a)); or
`
`(c)
`
`Amend the written description of the specification such that it clearly links the structure,
`
`material, or acts disclosed therein to the function recited in the claim, without introducing any
`
`new matter (35 U.S.C. 132(a)).
`
`|f applicant is of the opinion that the written description of the specification already implicitly or
`
`inherently discloses the corresponding structure, material, or acts and clearly links them to the function
`
`so that one of ordinary skill in the art would recognize what structure, material, or acts perform the
`
`claimed function, applicant should clarify the record by either:
`
`

`

`Application/Control Number: 15/114,297
`Art Unit: 2124
`
`Page 11
`
`(a)
`
`Amending the written description of the specification such that it expressly recites the
`
`corresponding structure, material, or acts for performing the claimed function and clearly links
`
`or associates the structure, material, or acts to the claimed function, without introducing any
`
`new matter (35 U.S.C. 132(a)); or
`
`(b)
`
`Stating on the record what the corresponding structure, material, or acts, which are implicitly or
`
`inherently set forth in the written description of the specification, perform the claimed function.
`
`For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
`
`15.
`
`Claim 1 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), second paragraph, as being
`
`indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor
`
`or a joint inventor, or for pre-AIA the applicant regards as the invention. The limitation of ”reference
`
`value adjuster” discloses a maximum frequency in the frequency distribution. After reviewing the
`
`specification (Pars. [0012-13], [0048, 51]) and drawings (Figs 2/3), it is still unclear whether the
`
`frequency is directed to that of spectrum in Hertz or power in Watts.
`
`16.
`
`35 U.S.C. 101 reads as follows:
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`Claim Rejections - 35 USC § 101
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`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.
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`Claims 1-9 are rejected under 35 U.S.C. 191 because the claimed invention is directed to non~
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`statutory subject matter. The clairns do not fall within at least one of the four categories of patent
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`eligible subject matter because they are directed to software per se. Claim 1 is drawn to an inference
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`device that can be implemented by a cornouter program. it fails to assert that the inference device is
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`recorded on a non-transitory computer-readable medium so as to be structurally and functionally
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`interrelated to the medium and permit the function oi the descriptive material to be realized. A
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`Application/Control Number: 15/114,297
`Art Unit: 2124
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`Page 12
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`computer program if. merely a set of instructions capable of being executed by a computer. Without a
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`non—transitory computer~readable medium to realize the computer pregram’s functionality, the
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`computer program censtitutes non~statutory functional degcriptive material. See. MPEP 2106.01
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`Claims 2-9 are rejected because they are dependent on claim 1.
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`Claim Rejections - 35 USC § 103
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`17.
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`In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102
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`and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory
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`basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and
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`the rationale supporting the rejection, would be the same under either status.
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`18.
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`The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections
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`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, 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.
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`19.
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`The factual inquiries set forth in Graham v. John Deere C0,, 383 U.S. 1, 148 USPQ 459 (1966),
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`that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are
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`summarized as follows:
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`1. Determining the scope and contents of the prior art.
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`2. Ascertaining the differences between the prior art and the claims at issue.
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`3. Resolving the level of ordinary skill in the pertinent art.
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`4. Considering objective evidence present in the application indicating obviousness or
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`nonobviousness.
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`Application/Control Number: 15/114,297
`Art Unit: 2124
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`Page 13
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`20.
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`Claims 1 - 9 are rejected under 35 U.S.C. 103 as being unpatentable over Rada et a|., US PG Pub
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`No 20110251807A1, hereinafter Rada, in view of Park et a|., US PG Pub 20130274944A1, hereinafter
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`Park, and further in view of Yamada, Yusuke US PG Pub No 20130131883A1, hereinafter Yamada.
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`With res ect to ciairn it currently amended , itacla teaches:
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`An appliance inference device {Rattle Abstract ”devices and methods for identifying an electrical
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`device”}, cemprising:
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`a receiver configured to receive, from a measuring device, values of electric newer cenducted
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`in an eiectrical circuit that an eiectricaiiy—nowered appliance is connected to {Rada {more} ”Fig 3A
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`iliustrates a typical instaiiatien configuration for a home or snsali business” wherein Fig 3A iilustrates
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`energy monitoring system such that vaiues measured at a meter 350 are received by a monitor device
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`109 in a huiiuing circuit 364- comprised of appiiances 361/362 refrigerator and dryer. Additionally, {0063}
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`”Fig 1A iliustrates an energy monitoring cleyice" details said monitoring device 109};
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`a first storage configured to store nieces of power information {Rada {9963] “the centreiler
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`129 further inciutles a memory 125 programmed with instructions ior computing a loatl signature from
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`successive newer suppiy rneasurernents”} in each of which a value of eiectric newer received by the
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`receiver is correiated with a tirne {Freda {6053] ”the ciocltfcalendar rneduie 16!) is coupled to the
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`centroiler 120 such that the centreiier is ahie to dateftinie stamp the energy meter rneasur'ernerits”};
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`an analyzer configured, when a piece of newer information stored in the first sterage satisfies
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`a prescribed condition, to classify the piece of power information as a group corresponding to the
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`condition {Freda {6024] "A group can he nredeiined hy a user entering a iist of eiectricai deyices into the
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`group. A grotto can also be determined by the energy monitoring device recognizing a pattern in the
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`ioatls...Each ioad signature and device in a grotto can have a probability associated with it. if a ioad
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`signature is Booked up in the grotto, and not found, the nearest non-matching signature can haye its
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`probahiiity iowered. if the probahiiity of the drops below a specified threshoid, then the eiectricai device
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`Art Unit: 2124
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`and iuad signature can he di‘dpped tu as inwer group, such as from the first dawn to the second group"
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`teaches that grnuping is subject ta cenditiens such as user predefined or a computed prdhahiiity reiative
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`tn a specified threshuid The anaiyzer corresponds tn the energy menitnring device};
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`a secend storage cenfigured tn stare anniiance infermatien {Rada {@963} ”the memory 125 and
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`the iead signature tahie 156 are heth ahie to he read er written to” teaches a secend and independent
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`memory for storing a tahie at iead signatures of an aphiiance} that centains a range at yaiues at eiectric
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`newer tn he censumed by the ahpiiance {Rada {01%} ”a particuiar impiernentatien to characterize a
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`toad with many operating power ieveis is te anaiyze the curreiatien between the parameters of its
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`signature when the eperating ievei change from the minimum tn the maximum at the operating newer
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`range”}, and a time neried with a nrehahiiity at eneratien at the anniiance {Rada {9203i ”anaiyze the
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`past energy usage data to create usage ciasses per incrementai time period with an associated
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`prehahiiity that a device wiii he utiiized during the increnientai time peried...the usage ciasses can he
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`used to assist a iead signature detectien aigerithm”}, and that is cerreiated with a name at the
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`aeeiiance {Rada {0202} ”a load signature sequence is ahie to he named and stored in a iocai memory of
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`the energy monitoring device" teaches naming a sequence at toad signatures}; and
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`an inference meduie cenfigured te check the piece at newer infermetien ciassified as the
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`green by the anaiyzer with the appiiance intermatien stered in the secend sterage {itacia [0235} ”Once
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`the ciasses tor a sneeiiic time peried are created, the ciasses and the devices in them can he used as an
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`Artificiai inteiiigence pattern. Further events that match a device and eiass, thereby affirming the
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`eiassi‘iicatien, can he used to increase a weight assigned to an eiectrenic device within the ciassiiicatien”
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`teaches checking eiassi‘iicatien between a usage ciass in the secend sterage and the devices grenned hy
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`the anaiyzer}, thereby inferring the name at the eppiiance certespending tn the greup {Rada {0205] "if
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`an eiectrcanic device’s weight drens beicaw a specified thresheid, then the device is automaticaiiv
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`Application/Control Number: 15/114,297
`Art Unit: 2124
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`reciassified” teaches a condition when subsequent to checking ciassiiication, the device must he
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`reciassiiied wherein naming is suhiect to the ioad signature}, wherein the aneiyzer comprises:
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`a statistics processor {Roda [0024} ”the programmed energy monitoring device
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`comprises at ieast one of seiected and interconnected discrete components, a microprocessor,
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`...""} configured to caicuiate frequency distribution in reiation to uaiues oi eiectric power
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`contained in pieces of power information {Ratio {0924] Tahie i ”power suppiy parameters"
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`inciudes frequency {[0114} ”TDR time domain refiectometry”, {01?1} ”bandpass fiiter”), period
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`{8212} ”zero~crossing synchronization", spectrai content [0160, 536], harmonic distortion [6158},
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`etc. Additionaiiy, {0154} ”a second impiementation for the ioad signature is to measure and
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`compute the apparent power, the active power, the reactive power, and the energy over a time
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`period. Again, from these vaiues, more suppiy parameters can be derived" teaches parameters
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`derived for power anaiysis over time} tor a prescribed comparison time period {Rada [0824} ”a
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`sampie is defined as...{ii} one or more instances of one or more power suooiy parameters,
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`measure or computed, within a fixed time intervai, or (iii) RMS vaiues computed irom one or
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`more instances of one or more power suppiy parameters, measured or computed” teaches
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`samoiing with respect to time periods being fixed or computed}, stored in the first storage
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`{Rada {0063} “the controiier 123' further inciudes a memory 125 programmed with instructions
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`for" computing a ioad signature from successive power suppiy measurements” teaches that the
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`first storage corresponding to memory 125 is used