Ex Parte Boss et al

Patent Trial and Appeal Board

Dec 17, 2018

14032246 (P.T.A.B. Dec. 17, 2018)

UNITED STA TES p A TENT AND TRADEMARK OFFICE
APPLICATION NO. FILING DATE FIRST NAMED INVENTOR
14/032,246 09/20/2013 Gregory J. Boss
30449 7590 12/19/2018
SCHMEISER, OLSEN & WATTS
22 CENTURY HILL DRIVE
SUITE 302
LATHAM, NY 12110
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450
Alexandria, Virginia 22313-1450
www .uspto.gov
ATTORNEY DOCKET NO. CONFIRMATION NO.
END920090089US3 3974
EXAMINER
BORISSOV, IGOR N
ART UNIT PAPER NUMBER
3649
NOTIFICATION DATE DELIVERY MODE
12/19/2018 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
following e-mail address(es):
30449@IPLA WUSA.COM
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte GREGORY J. BOSS, RICK A. HAMILTON II,
JULIANNE F. HAUGH, and ANNE R. SAND
Appeal 2018-005133
Application 14/032,246
Technology Center 3600
Before BIBHU R. MOHANTY, MICHAEL C. ASTORINO, and
PHILIP J. HOFFMANN, Administrative Patent Judges.
HOFFMANN, Administrative Patent Judge.
DECISION ON APPEAL
STATEMENT OF THE CASE
Pursuant to 35 U.S.C. § 134(a), Appellants 1 appeal from the
Examiner's rejection of claims 24--30. We have jurisdiction under 35 U.S.C.
§ 6(b ).
We REVERSE.
1 According to Appellants, the real party in interest is International Business
Machines Corporation. Appeal Br. 1.
Appeal 2018-005133
Application 14/032,246
According to Appellants, "[ t ]he ... invention relates to the field of
AC power grid load management; more specifically, it relates to a method
and device for frequency responsive load management using frequency
regulation credits." Spec. ,r 2. Claim 24 is the sole independent claim on
appeal. Below, we reproduce claim 24 as illustrative of the appealed claims.
24. A power and frequency regulation meter to which
AC power is supplied from an AC power supplier through an AC
power line, said power and frequency regulation meter
compnsmg:
a case;
an AC frequency meter that receives AC power from the
AC power line;
an AC power consumption meter that receives AC power
from the AC power line;
an AC power consumption display that receives AC power
from the AC power line and displays power consumption;
a frequency regulation credits display that displays a
frequency regulation credit;
a processor to which the AC frequency meter, the AC
power consumption meter, AC power consumption display, and
frequency regulation credits display are coupled;
a memory device coupled to the processor; and
a communication device coupled to the processor,
wherein the case encases the AC frequency meter, the AC
power consumption meter, the AC power consumption display,
the frequency regulation credits display, the processor, the
memory, and the communication device,
wherein the AC frequency meter measures a current AC
frequency on the AC power line;
wherein the AC power consumption meter measures a
current power consumption on the AC power line over a period
of time equal to a first sampling interval;
2
Appeal 2018-005133
Application 14/032,246
wherein the processor is configured to calculate a power
consumption moving average of a last N power current power
consumptions measured by the AC power consumption meter
such that N is a positive integer greater than 1;
wherein the processor is configured to generate credits or
debits based on the current power consumption, the current AC
frequency and the power consumption moving average;
wherein the processor is configured to add the credits or
debits to a frequency regulation credit and store the credits,
debits, or credits and debits on the memory device;
for each next sampling interval of multiple sampling
intervals, the power and frequency regulation meter is configured
to repeat measuring the current AC frequency, measuring the
current power consumption, calculating the power consumption
moving average, generating the credit or debit, adding the credits
or debits to the frequency regulation credit, and storing the
frequency regulation credit or debit on the memory device;
wherein a credit is generated when the current power
consumption when compared to the power consumption moving
average is driving the current AC frequency of the AC power line
toward a nominal AC frequency of the AC power line;
wherein a debit is generated when the current power
consumption when compared to the power consumption moving
average is driving the current AC frequency of the AC power line
away from the nominal AC frequency of the AC power line;
wherein the generation of the credit or debit includes:
generation of a debit in response to a first condition
in which the current AC frequency is greater than or equal
to an upper threshold frequency and the current power
consumption is less than the power consumption moving
average, wherein the first condition drives the current AC
frequency of the AC power line away from the nominal
AC frequency of the AC power line;
generation of a credit in response to a second
condition in which the current AC frequency is greater
than or equal to the upper threshold frequency and the
3
Appeal 2018-005133
Application 14/032,246
current power consumption is greater than the power
consumption moving average, wherein the second
condition drives the current AC frequency of the AC
power line toward the nominal AC frequency of the AC
power line;
generation of a debit in response to a third condition
in which the current AC frequency is less than or equal to
a lower threshold frequency and the current power
consumption is greater than the power consumption
moving average, wherein the third condition drives the
current AC frequency of the AC power line away from the
nominal AC frequency of the AC power line;
generation of a credit in response to a fourth
condition in which the current AC frequency is less than
or equal to the lower threshold frequency and the current
power consumption is less than the power consumption
moving average, wherein the fourth condition drives the
current AC frequency of the AC power line toward the
nominal AC frequency of the AC power line;
wherein a credit or a debit is not generated when the
current AC frequency is between the upper threshold frequency
and the lower threshold frequency;
wherein the power consumption is dynamically and
simultaneously displayed via the AC power consumption display
and the frequency regulation credit is dynamically and
simultaneously displayed via the frequency regulation credits
display;
wherein the displayed frequency regulation credit is a
cumulative net credit or debit;
wherein the first sampling interval and the multiple
sampling intervals collectively includes a time Tl at which the
fourth condition prevails with a first credit being generated, a
time T2 at which the third condition prevails with a first debit
being generated, a time T3 at which the second condition prevails
with a second credit being generated, and a time T 4 at which the
first condition prevails with a second debit being generated,
subject to Tl< T2 < T3