www.uspto.gov
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`17/297,954
`
`05/27/2021
`
`Yousuke OHTSUKI
`
`091478-0442
`
`3182
`
`McDermott Will and Emery LLP
`The McDermott Building
`500 North Capitol Street, N.W.
`Washington, DC 20001
`
`CAVALLARESEE, DANIEL
`
`2836
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`09/01/2023
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`Thetime 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
`following e-mail address(es):
`
`mweipdocket@mwe.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`Application No.
`Applicant(s)
`17/297 ,954
`OHTSUKI etal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`DANIEL CAVALLARI
`2836
`Yes
`
`
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom the mailing
`date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom 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, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`
`
`1) Responsive to communication(s) filed on 6/22/2023.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`2a)[¥) This action is FINAL.
`2b) (J This action is non-final.
`3)02 An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4)\0) 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 Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims*
`1-13 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`C) Claim(s)__ is/are allowed.
`Claim(s) 1-13 is/are rejected.
`Claim(s) 5and10 is/are objectedto.
`C] Claim(s
`are subjectto restriction and/or election requirement
`S)
`“If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http:/Awww.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) ) ) )
`
`Application Papers
`10) The specification is objected to by the Examiner.
`11)M The drawing(s) filed on 5/27/2021 is/are: a)¥) accepted or b)C) 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:
`c)() None ofthe:
`b)( Some**
`a) All
`1.4] Certified copies of the priority documents have been received.
`2.1.) Certified copies of the priority documents have been received in Application No.
`3.2.) Copies of the certified copies of the priority documents have been receivedin 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)
`
`2) (J Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3)
`
`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) (J Other:
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20230828
`
`

`

`Application/Control Number: 17/297,954
`Art Unit: 2836
`
`Page 2
`
`Notice of Pre-AIA or AIA Status
`
`The present application, filed on or after March 16, 2013, is being examined underthe
`
`first inventorto file provisions of the AJA.
`
`Response to Arguments
`
`Applicant's arguments filed 6/22/2023 have been fully considered but they are not
`
`persuasive.
`
`Applicant makesthe blanket argumentthat “At a minimum,noneofthe cited references
`
`disclose or suggest that the control unit [is] configured to... (argumentrecites the control method
`
`steps) .... as recited by claim 12.” First, it is noted that claim 12 does not recite nor require a
`
`control unit configured to perform said functional limitations since claim 12 does notrecite “a
`
`control unit” configured to perform the claimed operations. Instead, claim 12 only require as
`
`claimed said “inverter circuit configured to perform” said claimed methodsteps.
`
`Furthermore, in response to applicant’s arguments against references individually, one
`
`cannot show nonobviousness by attacking references individually where the rejection is based on
`
`combinations of references. Applicant correctly argues the teaching of Toshiba at Para [0067]
`
`“Toshiba describes that when the remaining battery level is less than the threshold, the
`
`independentdischarge of the powerstorage device is stopped to make powerstorage device
`
`standby (see paragraph [0067])”. (see Applicat’ s6/22/2023 arguments, page 7). Applicant
`
`continues with the argument pointing to Para [0068] howeverthe argument is moot becausethe
`
`function and operation further defined in [0068] is not relied upon nor incorporated with the 103
`
`combination. The only teaching relied uponis that of Para. [0067]. Applicant incorrectly appears
`
`to argue that the combination mustincludeall the functionality of steps taught by Toshiba,
`
`

`

`Application/Control Number: 17/297,954
`Art Unit: 2836
`
`Page 3
`
`howeverthis is not the case as only the function of Toshiba taught at Spec. [0067] is relied upon
`
`for the combination, as provided for below:
`
` ayanticludeas & Sowar slarag
`
`SRESIARE
`
`
`
`
`DWBDbCCK
`WESSS
`
`aa
`
` S by gs power generation device (aoler sane SQ) foasd on
`
`FURRSSAbate! Pheneters Pitre | SeySTSTHE
`a
`$
`
`SO} snd 8 conten! device (gear comeinanar 100). A gawer stars
`
`er shoragede
`dytuen anergy, The
`
`
`
`Wine, atic Seu
`g # Bower §
`
`Neel denice inek
`
`& cesta wat
`4, Thay chchaction Grek dehects 8
`of aincivicty Morag in fhe ower storage Gavin. A cartel part sets ug
`ae
`i
`gBee: we Seieoa %,%ge % i
`ee
`oe&
`
`Ninatlaeirichty ASaTuOF OS Bees
`Mine Deed on fee mince of 8 gseawar plant of operation, wha the dat
`giactriniiy realesis lags Ghent a Gireahold watiae at the tee of gowwer fasure, suaperdisinde
`a
`ed
`pendence discharge af So ScciNTHanng Siantel
`Sty USslog, AE shahkws Eos Waing Bieta. TS
`
`eretare, {hs GamsharageSee
`fO PUMASruet of Mactriaty os
`
`MMOif Ihe SOwer Storage Gerins Scconsing fo(es operation made of Die Soueer General
`lary Saadng, and Gos, IFS PoealiNefo control thealf-suateinad diacharge af the cower ator
`
` Site te aactively ge tes Gower §
`i GmNee St the b
`
`
`
`
`
`Claim Rejections - 35 USC § 112
`
`The following is a quotation of 35 U.S.C. 112(b):
`(b) CONCLUSION.—Thespecification shall conclude with one or more claims particularly pointing
`out and distinctly claiming the subject matter which the inventoror a joint inventor regards as the
`invention.
`
`

`

`Application/Control Number: 17/297,954
`Art Unit: 2836
`
`Page 4
`
`The following is a quotation of 35 U.S.C. 112 (pre-AIA), second paragraph:
`The specification shall conclude with one or more claimsparticularly pointing out and distinctly
`claiming the subject matter which the applicant regardsas his invention.
`
`Claims 1-13 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIJA), second
`
`paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject
`
`matter which the inventoror a joint inventor (or for applications subject to pre-AIA 35 U.S.C.
`
`112, the applicant), regards as the invention.
`
`Regarding Claims 1 and 12
`
`The term “current time” is confusing since the term “current” is a know term in the
`
`electrical art to refer to the flow of charged particles. Furthermore, even if the term “current”is
`
`taken to mean “present” as in “present time”, it is unclear what and how “present time” is being
`
`used and how it would differ from “time” itself.
`
`The claim term “current time” will be examined as best understood as “time”’.
`
`Claim Rejections - 35 USC § 103
`
`The following is a quotation of 35 U.S.C. 103 which formsthe basis for all obviousness
`
`rejectionsset forth in this Office action:
`
`A patent for a claimed invention may not be obtained, notwithstanding that the claimed inventionis 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 obviousbefore the effective
`filing date of the claimed invention to a person having ordinaryskill in the art to which the claimed
`invention pertains. Patentability shall not be negated by the mannerin which the invention was made.
`
`Claim(s) 1-4, 6, 9, 11-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over
`
`Hot Plan KK (“Hot”) JP 2013/070585 in view of Toshiba Lighting & Technology JP 2018-
`
`038229.
`
`

`

`Application/Control Number: 17/297,954
`Art Unit: 2836
`
`Hot teaches:
`
`Page 5
`
`1, 2, 11, 12. A control system comprising a control unit (control unit 25 and/or external PC
`
`program (“PC”), see FIG1), the control unit being configured to control a power conversion
`
`system,
`
`the power conversion system including an inverter circuit (inverter 23), the inverter
`
`circuit being configured to perform:
`
`a grid-connected operation in which the inverter circuit is allowed to convert DC power
`
`supplied from a DC powersupply into AC power and output the AC powerthus converted to a
`
`powergrid (see mode corresponding to FIG4); and
`
`an independentoperation in which the inverter circuit is allowed to output, via a terminal,
`
`the AC powerconverted to a load disconnected from the powergrid,
`
`the control unit being configured to, when the inverter circuit performs the independent
`
`operation,
`
`operate in a first mode when timein inafirst time range, wherein in the first mode the
`
`powerconversion system is controlled such that an AC voltage is applied to the terminal (see
`
`mode corresponding to FIG7 corresponding to time 7am-6pm,spec. para. 116), and
`
`operate in a second mode whenthe timeis in a second timerange different from thefirst
`
`time range, wherein in the second mode, the power conversion system in controlled to perform
`
`said second mode (see mode corresponding to FIG8 corresponding to time 6pm-11pm noting
`
`powerprovidedvia said battery and inverter, spec. para. 127).
`
`

`

`Application/Control Number: 17/297,954
`Art Unit: 2836
`
`Hotfails to teach:
`
`Page 6
`
`the second modeincluding control of stopping an operation of having the AC voltage
`
`applied to the terminal;
`
`wherein the control unit is configured to stop operation of the inverter circuit in the
`
`second mode.
`
`Toshiba teaches:
`
`a control system comprising a second modeincluding control of stopping an operation of
`
`having the AC voltage applied to the terminal;
`
`wherein the control unit is configured to stop operation of the inverter circuit in the
`
`second mode(see inverter 100, spec. para. 21 and 67, provided below; stopping read on bysaid
`
`“waiting state” in which the inverter 100 is suspended from discharging the battery upon said
`
`battery voltage reaching a minimum threshold value, see spec. para. 67-68):
`
`

`

`Application/Control Number: 17/297,954
`Art Unit: 2836
`
`~
`
`Page 7
`
`
`
`w¥iect af as rmbaciiragey
`
`ee
`As descnied shown, Die Sawer storsae ayaters af See eminent Inchahes § GOWAN Starsg
`
`
`
`
`
`Co
`
`
`
`SRIOASLAy Madey ShagammandDignigy | Seiad LON
`
`
`& Sauies (sharage battery SO) anc 8 conten’ davios (sauser canditianear 160), A power atera
` : SEARGhaerkerated’ by 8 Gower Generation devios fsaler pane SN} Saeed or
` Real energy. The custral device cantrals dischergeenc charging af Net power storage ce
`sine, and causes the Gower storage desingfo sellSscharas Guring a eoower fature. The co
`nS
`At deawios Phas 9 sahachien wet {9 PEMHRIRIAG8SERNAAAS AeGaction gauie (393 and
`8
` & control at Ce cagecty costes anit $39). The Ge
`
`af electricity stored in ihe Gower storace devieg. A contra! gat sets usdyramsienty he yy
`
`evkals valve Qhaut (Ae accuemaiation-of-sisetrichty pasidue of ae Sccuminiatiog aigetricity de
`vets Baad Ot the mae of 8 Hower Slant a SPRrSNET, WASH Ee shotsBEERACCUAERNAENee
`
`
`4G siectriciydsdevice,
`«andsTike
`
`perelanes discharge ofan ses
`
`x
`aoatnns, Tie power storage gyuehens dynamically sabe tsse PeMANNS @rnaunt of Mack
`siaine}int He POETSaterSAGE EGMARN Sccaesing &
`
`Y PRS aES Ganegaerierat
`
`
`arge of tke powerstor
`ee
`age sevice. vhereter2,
`
`RGN, iS Soe
`Wis Ee Anchovy wae Pet Gower shores
`Y PHASHS GAMES at Hieot
`
`
`
`
`
`y Te
`
`
`
`fae af power felon.
`
`It would have been obvious to incorporate said battery suspension operation upon a
`
`threshold voltage during discharge operation as taught by Toshiba into the discharge second
`
`modeoperation of Hot with the motivation of preventing undesirable over-discharge of a battery
`
`that is knownto result in potential battery short-circuit, increased internal resistance, reduced
`
`capacity, and shortenedlife (ie protect said battery).
`
`

`

`Application/Control Number: 17/297,954
`Art Unit: 2836
`
`Hot further teaches:
`
`Page 8
`
`3, 4. The control system of claim 1, wherein the DC powersupply includesa storage battery
`
`(21,22, FIG1) and a power generation facility (solar system 1, FIG1), and the control unitis
`
`configured to make the power conversion system perform a predetermined operation while the
`
`powergeneration facility is outputting DC powerin the second time range, wherein the
`
`predetermined operationis at least one of: an operation of having power supplied from the power
`
`generation facility to the storage battery; an operation of having powersupplied from the power
`
`generation facility to the load; or an operation of having powersupplied from the power
`
`generation facility to the load and havingsurplus electricity of the power generation facility
`
`supplied to the storage battery (control unit configuration of “B mode”, wherein utility available
`
`during said time range 7am-6pm;predetermined operation shown in FIG4, supply power from
`
`solar to said battery (21, 22) and load, see FIG4, spec para. 78).
`
`6. The control system of claim 1, wherein at least one of the first time range or the second time
`
`range is set on a predeterminedperiod basis (based on said time of day modes, A-D, see para.
`
`18).
`
`Hot teaches:
`
`9. The control system of claim 1, further comprising at least one of a guidance unit or a change
`
`unit (see paragraphs[0116]-[0126]), read on by that circuit/program unit that performs where the
`
`time slot during which the solar power generation device is generating poweris set as the E
`
`mode, the storage battery is charged with power generated by the solar power generation device,
`
`and the stored poweris discharged via the DC/ACinverter 23 so as to be supplied to the load 3).
`
`

`

`Application/Control Number: 17/297,954
`Art Unit: 2836
`
`Page 9
`
`Hotfails to teach the guidance unit being configured to prompt a user to changeatleast
`
`one of the first time range or the second time range according to weather information, the change
`
`unit being configured to changeat least one ofthe first time range or the second time range
`
`according to the weather information.
`
`Toshiba teaches estimating the time at which the solar power generation device can
`
`generate poweron the basis of weather information is a well-known feature (see paragraph
`
`[0036]).
`
`It would have been obvious to incorporate the time allocation based on weatheras taught
`
`by Toshiba into the system of Hot with the motivation of providing system maximization,that is
`
`to say, maximum powerusagebased on weather(ie. sun/clouds) that directly effect power
`
`generation via said PV system.
`
`Hot further teaches:
`
`13. A program (See program of “PC”, FIG1 and program of 25, FIG] para. 57-58, 63, 71)
`
`designed to cause a computer system to perform the control method of claim 12.
`
`Claim(s) 7, 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hot Plan KK
`
`(“Hot”) JP 2013/070585 in view of Toshiba Lighting & Technology JP 2018-038229 and Kishi
`
`et al. JP 2001-008380 A.
`
`Hot teaches:
`
`7. The control system of claim 1, further comprising a presentation unit (read on by “PC”, FIG1)
`
`and wherein the DC power supply includesa storage battery (see battery 21, 22, FIG1), however
`
`

`

`Application/Control Number: 17/297,954
`Art Unit: 2836
`
`Page 10
`
`Hotfails to teach said display unit configured to present information indicating whether the
`
`control unit is operating in the first mode or the second mode; and
`
`8. The control system of claim 7, wherein the presentation unit is configured to present the
`
`information in accordance with an end timeofthe first time range and a remaining capacity of
`
`the storage battery.
`
`Kishi teaches:
`
`A display unit configured to present information indicating mode of operation; and the
`
`presentation unit is configured to present the information in accordance with an end timeof the
`
`first time range (read on bysaid time) and a remaining capacity of the storage battery. (see para.
`
`14, provided below):
`
`13 is a display example in which poweris being supplied to the battery No. 03.
`The display screen includesa pictorial display 200 imitating a house, a
`pictorial display 210 imitating an electric vehicle, a charge modedisplay 221 indicating
`a charged state, a time display 230, a % display 231 of remaining battery capacity,
`and a remaining battery capacity. , A charge powerand an integrated charge power
`amount 236 from the start of charging, and a power fee 237 for the integrated charge
`power amount.
`
`It would have been obvious to include a display displaying the above system parameters
`
`in orderto alert the user of the state of the system and potential issues.
`
`Allowable Subject Matter
`
`Claims 5, 10 is objected to as being dependent upon a rejected base claim, but would be
`
`allowable if rewritten in independentform includingall of the limitations of the base claim and
`
`any intervening claims.
`
`

`

`Application/Control Number: 17/297,954
`Art Unit: 2836
`
`Page 11
`
`Conclusion
`
`THIS ACTION IS MADE FINAL. 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 MONTHSfrom
`
`the mailing date of this action. In the eventafirst reply is filed within TWO MONTHSofthe
`
`mailing date of this final action and the advisory action is not mailed until after the end of the
`
`THREE-MONTHshortenedstatutory 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 MONTHSfrom the mailing date of this final action.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to DANIEL CAVALLARIwhose telephone numberis (571)272-
`
`8541. The examiner can normally be reached on Mon-Fri 0900-18:30.
`
`If attempts to reach the examinerby telephone are unsuccessful, the examiner’s
`
`supervisor, Rexford Barnie can be reached at (571)272-7492. The fax phone numberfor the
`
`organization wherethis application or proceedingis assigned is 571-273-8300.
`
`

`

`Application/Control Number: 17/297,954
`Art Unit: 2836
`
`Page 12
`
`Information regarding the status of an application may be obtained from the Patent
`
`Application Information Retrieval (PAIR) system. Status information for published applications
`
`maybe 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). If you would
`
`like assistance from a USPTO Customer Service Representative or access to the automated
`
`information system, call 800-786-9199 (IN USA OR CANADA)or 571-272-1000.
`
`/DANIEL CAVALLARI/
`Primary Examiner, Art Unit 2836
`
`