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ITR524-1003,

UNITED STATES PATENT AND TRADEMARK OFFICE

____________

BEFORE THE PATENT TRIAL AND APPEAL BOARD

____________

ITRON, INC.,

Petitioner

v.

SMART METER TECHNOLOGIES, INC.,

Patent Owner

____________

Case: IPR2017-01199

U.S. Patent No. 7,058,524

____________

PETITIONER’S EXHIBIT ITR524-1003

DECLARATION OF DR. ROBERT AKL, D.SC.

ITR524-1003,

TABLE OF CONTENTS

LIST OF EXHIBITS .................................................................................................. 7

I. PROFESSIONAL BACKGROUND ............................................................... 9

II. SCOPE OF THE ENGAGEMENT ...............................................................12

III. LEGAL PRINCIPLES ...................................................................................14

A. Claim Interpretation ............................................................................14

B. Prior Art ...............................................................................................16

C. Admitted Prior Art...............................................................................16

D. Obviousness .........................................................................................17

i. Motivation to Combine .............................................................19

ii. Secondary Considerations .........................................................20

E. Date of Invention .................................................................................21

IV. THE ’524 PATENT .......................................................................................22

A. Disclosure of the ’524 Patent ..............................................................22

B. Prosecution of the Application Leading to the ’524 Patent ................31

C. Challenged Claims of the ’524 Patent .................................................35

D. Priority Date of the ’524 Patent...........................................................36

E. Claim Construction..............................................................................37

V. PRIOR ART ...................................................................................................38

A. ’524 Admitted Prior Art (“APA”) .......................................................38

B. U.S. Patent Application Publication No. 2002/0161536 (“Suh”) .......43

ITR524-1003,

C. U.S. Patent No. 6,633,823 (“Bartone”) ...............................................54

D. U.S. Patent No. 7,747,534 (“Villicana”) .............................................59

VI. INVALIDITY OF CLAIMS 17-22 OF THE ’524 PATENT IN LIGHT

OF THE PRIOR ART ....................................................................................65

A. Count 1: Suh ........................................................................................65

i. Claim 17: [17 Pre] A method of measuring power

consumption information on a power line comprising: ............65

ii. Claim 17: [17A] measuring current fluctuations in the

power line and 17[B] calculating power consumption

information from the current fluctuations in a processor: ........67

iii. Claim 17: [17C]: converting the power consumption

information into IP-based power consumption information

in the processor .........................................................................75

iv. Claim 17: [17D]: transmitting the IP-based power

consumption information from the processor to a

destination autonomously in IP format over an external

power line network....................................................................83

v. Claim 18: [18A]: The method of claim 17, further

comprising: receiving the IP-based power consumption

information at the destination; and calculating a utility bill

using the IP-based power consumption information. ...............87

vi. Claim 19: [19A]: The method of claim 17, further

comprising transmitting the IP-based power consumption

information over an IP-based network ......................................91

vii. Claim 20: [20A]: The method of claim 17, further

comprising wirelessly transmitting the IP-based power

consumption information from the processor to the

destination. ................................................................................94

ITR524-1003,

viii. Claim 21: [21A]: The method of claim 17, further

comprising: generating a control signal in the processor in

response to the power consumption information ......................99

ix. Claim 21: [21B]: transmitting the control signal to an

appliance; and controlling the appliance with the control

signal. ......................................................................................102

x. Claim 22: [22A]: The method of claim 21, wherein the

step of controlling the appliance comprises turning the

appliance off in response to increased power consumption.

.................................................................................................104

B. Count 2: Suh in view of Bartone .......................................................107

i. Motivation to combine Suh with Bartone ...............................107

ii. Claim 17: [17 Pre] A method of measuring power

consumption information on a power line comprising: ..........112

iii. Claim 17: [17A] measuring current fluctuations in the

power line and [17B] calculating power consumption

information from the current fluctuations in a processor: ......115

iv. Claim 17: [17C]: converting the power consumption


in the processor .......................................................................118

v. Claim 17: [17D]: transmitting the IP-based power



power line network..................................................................121




using the IP-based power consumption information. .............128



information over an IP-based network ....................................133

ITR524-1003,




destination. ..............................................................................136

ix. Claim 21: [21A]: The method of claim 17, further


response to the power consumption information ....................141

x. Claim 21: [21B]: transmitting the control signal to an


signal. ......................................................................................142

xi. Claim 22: [22A]: The method of claim 21, wherein the



.................................................................................................144

C. Count 3: Bartone in view of Villicana ..............................................145

i. Motivation to combine Bartone with Villicana ......................145

ii. Claim 17: [17 Pre] A method of measuring power

consumption information on a power line comprising: ..........148

iii. Claim 17: [17A] measuring current fluctuations in the

power line and [17B] calculating power consumption

information from the current fluctuations in a processor: ......154

iv. Claim 17: [17C]: converting the power consumption


in the processor .......................................................................159

v. Claim 17: [17D]: transmitting the IP-based power



power line network..................................................................165



ITR524-1003,


using the IP-based power consumption information. .............175



information over an IP-based network ....................................182




destination. ..............................................................................191

ix. Claim 21: [21A]: The method of claim 17, further


response to the power consumption information ....................198

x. Claim 21: [21B]: transmitting the control signal to an


signal. ......................................................................................200

xi. Claim 22: [22A]: The method of claim 21, wherein the



.................................................................................................202

VII. REVISION OR SUPPLEMENTATION .....................................................204

ITR524-1003,

LIST OF EXHIBITS

Exhibit Short Name Description

ITR524-1001 ’524 Patent U.S. Patent No. 7,058,524

ITR524-1002 ’524 File History File History of U.S. Patent No. 7,058,524

ITR524-1003 Akl Declaration Declaration of Robert Akl, D.Sc. under 37 C.F.R. §

1.68

ITR524-1004 Akl CV Curriculum Vitae of Robert Akl, D.Sc.

ITR524-1005 Reserved

ITR524-1006 Suh U.S. Patent Publication No. 2002/0161536

ITR524-1007 Bartone U.S. Patent No. 6,633,823

ITR524-1008 Villicana U.S. Patent No. 7,747,534

ITR524-1009 IPv4 Spec.

RFC 791, Internet Protocol: DARPA Internet

Program Protocol Specification, Internet

Engineering Task Force (1981)

ITR524-1010 HomePlug Spec. HomePlug Protocol Specification v1.0.1 (December

2001)

ITR524-1011 Webster Excerpts of Webster’s 10th New Collegiate

Dictionary (1993).

ITR524-1012 Complaint

Complaint for Patent Infringement, Smart Meter

Technologies, Inc. v. Duke Energy Corp., Case No.

1:16-cv-00208, ECF No. 1 (D. Del.)

ITR524-1013 Roos U.S. Patent No. 5,699,276

ITR524-1014 Delsing

Delsing, Jerker et al., The IP-Meter, Design Concept

and Example Implementation of an Internet Enabled

Power Line Quality Meter, Proc. IEEE IMTC, pp.

657-660, IEEE Instrumentation & Measurement

Society (2000).

ITR524-1003,

Exhibit Short Name Description

ITR524-1015 Wilkinson Wilkinson, Dennis, Home Scoping with X-10,

CIRCUIT CELLAR, Issue 122 (Sept. 2000).

ITR524-1016 ADE7756 Datasheet for ADE7756 by Analog Devices (2001)

ITR524-1017 Kuhn

M. Kuhn and A. Wittneben, “PLC enhanced

wireless access networks: A link level capacity

consideration,” in Proc. IEEE Veh. Technol. Conf.-

Spring, Birmingham, AL, May 2002, pp. 125-129.

ITR524-1003,

I, Robert Akl, D.Sc., do hereby declare and say as follows:

1. I have been asked by the parties requesting this review to provide my

expert opinions in support of the above-captioned petition for inter partes review of

Patent No. 7,058,524 (“the ’524 Patent”), challenging the validity of claims 17-22

of the ’524 Patent.

2. I currently hold the opinions set forth in this declaration.

3. In summary, it is my opinion that the references cited below render

obvious the above-listed claims of the ’524 Patent. My detailed opinions on these

claims are set forth below.

I. PROFESSIONAL BACKGROUND

4. I have personal knowledge of the facts contained in this Declaration,

am of legal age, and am otherwise competent to testify.

5. I earned my B.S. degrees in Electrical Engineering and Computer

Science in 1994 from Washington University in Saint Louis, where I graduated

summa cum laude with a grade point average of 4.0/4.0 and was ranked first in my

class. I earned my M.S. degree in Electrical Engineering in 1996, and my D.Sc.

degree in Electrical Engineering in 2000 from Washington University in St. Louis,

again with grade point averages of 4.0/4.0, with my dissertation on “Cell Design to

Maximize Capacity in Cellular Code Division Multiple Access (CDMA) Networks.”

ITR524-1003,

6. After receiving my Doctorate of Science degree, I worked as a senior

systems engineer for Comspace Corporation in Coppell, Texas from October 2000

to December 2001. At Comspace, I designed and developed advanced data coding

and modulation systems for improving the reliability and increasing the available

data rates for cellular communications.

7. In January 2002, I joined the faculty of the University of New Orleans

in Louisiana as an Assistant Professor in the Department of Electrical Engineering.

While in this position, I designed and taught two new courses called “Computer

Systems Design I and II.” I also developed a Computer Engineering Curriculum with

strong hardware-design emphasis, formed a wireless networking research group, and

advised graduate and undergraduate students.

8. In September 2002, I received an appointment as an Assistant Professor

in the Department of Computer Science and Engineering at the University of North

Texas, in Denton, Texas. In May 2008, I became a tenured Associate Professor in

the Department of Computer Science and Engineering. As a faculty member, I have

taught courses and directed research in wireless communications, including 2G, 3G,

4G, CDMA/WCDMA, GSM, UMTS, LTE, networked sensors, VoIP, multi-cell

network optimization, call admission control, channel coding, ad-hoc networks, and

computer architecture. In January 2015, I was promoted to Associate Chair of

Graduate Studies in the Department of Computer Science and Engineering.

ITR524-1003,

9. I am a senior member of the Institute of Electrical and Electronics

Engineers (“IEEE”) and a member of the Eta Kappa Nu Engineering Honor Society.

I have authored and co-authored approximately 75 journal publications, conference

proceedings, technical articles and papers, book chapters, and technical

presentations, in a broad array of communications-related technology, including

networking and wireless communications. I am currently a reviewer for several

peer-reviewed journals and publications. I have also developed and taught over 100

courses related to communications and computer system design, including a number

of courses on VoIP, wireless communications, communications systems, sensor

networks, computer systems design, and computer architecture. These courses have

included introductory courses on computer architectures, communication networks,

and communication signals, as well as more advanced courses on networking

communications. A complete list of my publications and the courses I have

developed and/or taught is also contained in my curriculum vitae.

10. I have conducted research in communication, computing, and related

electronic hardware and software. My research group has focused on new and

improved networking technologies for interconnected sensor networks and cellular

and Wi-Fi communications, and my students and I have published a number of peer-

reviewed articles in these fields. I have an extensive background and experience in

data communications and networking technologies.

ITR524-1003,

11. I have advised or supervised more than 250 undergraduate and graduate

students, many of whom received a master’s or doctorate degree under my guidance.

I have also received a number of awards and recognitions, including the IEEE

Professionalism Award (2008), UNT College of Engineering Outstanding Teacher

Award (2008), and Tech Titan of the Future (2010), among others.

12. My qualifications and publications are set forth more fully in my

curriculum vitae. See ITR524-1004.

II. SCOPE OF THE ENGAGEMENT

13. I have been retained by Alston & Bird LLP on behalf of Itron, Inc.

(“Petitioner”) to provide analysis and opinions in connection with the ’524 Patent. I

have also been asked to evaluate whether a person of ordinary skill in the art would,

at the time of the invention, have considered certain technologies and prior art to be

relevant or material to the validity of the claims at issue.

14. All of the opinions I express in this Declaration have been made from

the standpoint of a person of ordinary skill in the art (“POSITA”) of the ’524 Patent

at the time of the invention. I consider that a POSITA at the time of invention would

have had a bachelor’s degree in electrical engineering, computer science, or

computer engineering, or a related field, and 2 years’ experience in the field of

communications systems, including experience designing, operating, and/or

implementing wired and wireless networks, or equivalent. Additional education

ITR524-1003,

might substitute for some of the experience, and substantial experience might

substitute for some of the educational background. I had those capabilities myself at

the time of the earliest priority date of the patent at issue.

15. My opinions are based on my experience and knowledge and the

information I have reviewed as of the date of this report. In connection with my

analysis, I have reviewed

the ’524 Patent (ITR524-1001);

the ’524 Patent’s file history (ITR524-1002);

U.S. Patent Publication No. 2002/0161536 (ITR524-1006, or “Suh”);

U.S. Patent No. 6,633,823 (ITR524-1007, or “Bartone”);

U.S. Patent No. 7,747,534 (ITR524-1008, or “Villicana”);

RFC 791, Internet Protocol: DARPA Internet Program Protocol Specification, Internet Engineering Task Force (1981) (ITR524-1009);

the HomePlug Protocol Specification, version 1.0.1 (December 2001)

(ITR524-1010);

the entry for “data” in Webster’s Tenth New Collegiate Dictionary

(1993) (ITR524-1011);

the complaint filed in Smart Meter Technologies Inc. v. Duke Energy Corp., Case No. 1:16-cv-00208, ECF No. 1 (D. Del.) (ITR524-1012);

U.S. Patent No. 5,699,276 (ITR524-1013, or “Roos”);

Delsing, Jerker et al., The IP-Meter, Design Concept and Example

Implementation of an Internet Enabled Power Line Quality Meter,

Proc. IEEE IMTC, pp. 657-660, IEEE Instrumentation &

Measurement Society (2000) (ITR524-1014, or “Delsing”);

ITR524-1003,

Wilkinson, Dennis, Home Scoping with X-10, CIRCUIT CELLAR, Issue

122 (Sept. 2000) (ITR524-1015); and

a datasheet for ADE7756 published by Analog Devices (2001)

(ITR524-1016).

16. I am being compensated at my standard hourly rate of $650 per hour

for my time. My compensation is not in any way contingent on my performance, the

result of this proceeding, or any of the issues involved therein. I am also being

reimbursed for expenses incurred as a result of activities performed as an expert.

III. LEGAL PRINCIPLES

A. Claim Interpretation

17. I am not an attorney and I do not opine in this declaration on any

particular methodology for interpreting patent claims. My claim interpretation

opinions are limited to what I believe a POSITA would have understood the plain

and ordinary meaning of certain claim terms to be based on the patent documents. I

used the principles below, however, as a guide in formulating my opinions.

18. I understand that it is a basic principle of patent law that assessing the

validity of a patent claim involves a two-step analysis. In the first step, the claim

language must be properly construed to determine its scope and meaning. In the

second step, the claim as properly construed must be compared to the prior art to

determine whether the claim is valid.

ITR524-1003,

19. I understand that the words of a patent claim have their plain and

ordinary meaning to a POSITA at the time of the invention. This meaning must be

ascertained from a reading of the patent documents, paying special attention to the

language of the claims, the written specifications, and the prosecution history. I

understand that an inventor may attribute special meanings to some terms by

defining those terms or by otherwise incorporating such meanings in these

documents.

20. My methodology for determining the meaning of claim phrases was

first to carefully study the patent. In particular, I studied the claims themselves,

followed by a study of the background, detailed specification, figures, and other

patent content. Next, I reviewed the prosecution file history looking for any

clarifications or limitations that might be attached to claim terms. In some

circumstances, I looked at other documents, such as references applied by the patent

office.

21. I understand that in an inter partes review, claim terms for an unexpired

patent are given their broadest reasonable interpretation in light of the specification

of the patent in which they appear. I understand that under the broadest reasonable

interpretation standard, claim terms are presumed to be given their ordinary and

customary meaning as understood by a POSITA in the context of the entire

disclosure at the time of the invention. I understand that one must be careful not to

ITR524-1003,

read a specific embodiment appearing in the written description into the claim if the

claim language is broader than the embodiment. I further understand that any special

definition for a claim term must be set forth with reasonable clarity, deliberateness,

and precision. I have considered each of the claim terms using the broadest

reasonable interpretation standard.

B. Prior Art

22. It is my understanding that only information which satisfies one of the

categories of prior art set forth in 35 U.S.C. § 102 may be used in any invalidity

analysis under §§ 102 or 103. It is also my understanding that, for an inter partes

review, applicable prior art is limited to patents and printed publications.

23. I understand that the alleged priority date for the ’524 Patent is October

25, 2002. I also understand that patents and publications published before October

25, 2001 are always considered prior art to the ’524 Patent. I also understand that

prior art patents and patent publications that claim priority prior to the invention of

the ’524 Patent are considered prior art to the ’524 Patent.

C. Admitted Prior Art

24. I am informed and understand that a statement by an applicant in the

specification or made during prosecution identifying the work of another as prior art

is an admission which can be relied upon for both anticipation and obviousness

ITR524-1003,

determinations, regardless of whether the admitted prior art would otherwise qualify

as prior art under the statutory categories of 35 U.S.C. § 102.

D. Obviousness

25. I am informed and understand that a patent claim is invalid under 35

U.S.C. § 103 if the differences between the invention and the prior art are such that

the subject matter as a whole would have been obvious at the time of the invention

to a POSITA. Obviousness, as I understand, is based on the scope and content of the

prior art, the differences between the prior art and the claim, the level of ordinary

skill in the art, and secondary indications of non-obviousness to the extent they exist.

26. I understand that whether there are any relevant differences, between

the prior art and the claimed invention, is to be analyzed from the view of a POSITA

at the time of the invention. A POSITA is a hypothetical person who is presumed to

be aware of all of the relevant art at the time of the invention. The POSITA is not

an automaton, and may be able to fit together the teachings of multiple references

by employing ordinary creativity and the common sense that familiar items may

have obvious uses in another context or beyond their primary purposes.

27. In analyzing the relevance of the differences between the claimed

invention and the prior art, I understand that I must consider the impact, if any, of

such differences on the obviousness or non-obviousness of the invention as a whole,

not merely some portion of it. The POSITA faced with a problem is able to apply

ITR524-1003,

his or her experience and ability to solve the problem and also look to any available

prior art to help solve the problem.

28. An invention is obvious if a POSITA, facing the wide range of needs

created by developments in the field, would have seen an obvious benefit to the

solutions tried by the applicant. When there is a design need or market pressure to

solve a problem and there are a finite number of identified, predictable solutions, it

would have been obvious to a POSITA to try the known options. If a technique has

been used to improve one device, and a POSITA would have recognized that it

would improve similar devices in the same way, using the technique would have

been obvious.

29. I understand that I do not need to look for precise teachings in the prior

art directed to the subject matter of the claimed invention. I understand that I may

take into account the inferences and creative steps that a POSITA would have

employed in reviewing the prior art at the time of the invention. For example, if the

claimed invention combined elements known in the prior art and the combination

yielded results that were predictable to a POSITA at the time of the invention, then

this evidence would make it more likely that the claim was obvious. I understand

that hindsight must not be used when comparing the prior art to the invention in

determining obviousness.

ITR524-1003,

i. Motivation to Combine

30. Obviousness may be shown by demonstrating that it would have been

obvious to modify what is taught in a single piece of prior art to create the patented

invention. Obviousness may also be shown by demonstrating that it would have

been obvious to combine the teachings of more than one item of prior art. I

understand that a claimed invention may be obvious if some teaching, suggestion,

or motivation exists that would have led a POSITA to combine the invalidating

references. I also understand that this teaching, suggestion, or motivation may come

from sources such as explicit statements in the prior art, or from the knowledge of a

POSITA. Alternatively, any need or problem known in the field at the time and

addressed by the patent may provide a reason for combining elements of the prior

art. I also understand that when there is a design need or market pressure, and there

are a finite number of predictable solutions, a POSITA may be motivated to apply

both his skill and common sense in trying to combine the known options in order to

solve the problem.

31. In determining whether a piece of prior art could have been combined

with other prior art or with other information within the knowledge of a POSITA,

the following are non-limiting examples of approaches and rationales that may be

considered:

ITR524-1003,

Combining prior art elements according to known methods to yield

predictable results;

Simple substitution of one known element for another to obtain predictable

results;

Use of a known technique to improve similar devices (or methods, or

products) in the same way;

Applying a known technique to a known device (or method, or product) ready

for improvement to yield predictable results;

Applying a technique or approach that would have been “obvious to try”

(choosing from a finite number of identified, predictable solutions, with a

reasonable expectation of success);

Known work in one field of endeavor may prompt variations of it for use in

either the same field or a different one based on design incentives or other

market forces if the variations would have been predictable to a POSITA; or

Some teaching, suggestion, or motivation in the prior art that would have led

a POSITA to modify the prior art reference or to combine prior art reference

teachings to arrive at the claimed invention.

ii. Secondary Considerations

32. As noted above, I understand that certain objective factors, sometimes

known as “secondary considerations,” may also be taken into account in determining

ITR524-1003,

whether a claimed invention would have been obvious. In most instances, these

secondary considerations of non-obviousness are raised by the patentee.

33. I understand that certain “secondary considerations,” such as

independent invention by others within a comparatively short space of time,

indicates obviousness.

34. I also understand that secondary considerations of non-obviousness are

inadequate to overcome a strong showing on the primary considerations of

obviousness. For example, where the inventions represented no more than the

predictable use of prior art elements according to their established functions, the

secondary considerations are inadequate to establish non-obviousness.

E. Date of Invention

35. I understand that absent clear and convincing evidence of an invention

date prior to the filing date of a patent, the invention date of the patent is presumed

to be its filing date. A prior invention requires a complete conception of the invention

and a reduction to practice of that invention. The patentee has the burden of

establishing by clear and convincing evidence a date of conception earlier than the

filing date of the patent.

36. I understand that conception is the formation in the mind of the inventor

of a definite and permanent idea of the complete and operative invention.

Conception must be proved by corroborating evidence which shows that the inventor

ITR524-1003,

disclosed to others his complete thought expressed in such clear terms as to enable

a POSITA to make the claimed invention. The inventor must also show possession

of every feature recited in the claims, and that every limitation was known to the

inventor at the time of the alleged conception. Furthermore, the patentee must show

that he or she has exercised reasonable diligence in later reducing the invention to

practice, either actual or constructive. The filing of a patent application can serve as

a constructive reduction to practice.

IV. THE ’524 PATENT

A. Disclosure of the ’524 Patent

37. The ’524 Patent is generally directed to an electrical power metering

and reporting system and methods of measuring and transmitting power

consumption information, including over a power line network. Figs. 1 and 3 are

illustrative of the system used to perform the challenged method claims:

ITR524-1003,

ITR524-1001, Fig. 1.

ITR524-1003,

ITR524-1001, Fig. 3

38. Figs. 1 and 3 represent several different aspects of the system used to

perform the alleged invention, which relies on well-known communications

ITR524-1003,

networks and protocols. At locations connected to a power line 50, there is a power

meter 35, which is a conventional power meter that measures current flow in order

to calculate power usage. ITR524-1001, 3:17-45. This power metering system is

connected to a transceiver 30 that allows transmission of power consumption data

and control signals across the power line 50, using known power line communication

protocols, such as the X-10 or HomePlug protocols, to transmit data in IP format.

ITR524-1001, 3:46-4:8.

39. The power metering system used to perform the alleged invention is

also connected to a wireless transceiver 15, for example, through an IEEE 802.11

network known in the art, to communicate power consumption data wirelessly

through network 70, which can be the Internet, an intranet, or a wired Ethernet

connecting the power metering systems. ITR524-1001, 5:46-55.

40. As it relates to the claimed methods of the ’524 Patent, the power meter

35 measures changes in current flow on the power line 50 and converts that measured

current information into power consumption information, using conventional power

meter technologies. ITR524-1001, 3:17-45 (“Split-core transformer 42 is

inductively coupled with power line 50 and senses fluctuations in current flow in

power line 50, the fluctuations being indicative of rising and falling power

consumption rates within the dwelling 65. Output from the transformer 42 is fed to

power meter 35 for processing.”). The patent suggests that a commercially available

ITR524-1003,

product, the ADE7756 power meter chip manufactured by Analog Devices, was

capable of performing these steps, and other known power meter circuits could be

substituted. ITR524-1001, 3:29-42.

41. A POSITA would have understood that these measured changes in

current flow (for example, high current or low current, measured over time)

identified in the ’524 Patent specification are the current fluctuations referred to in

the challenged claims. Current flow could be measured using well-known current

transducers, and recording those current measurements over time results in a

measurement of current fluctuations. A POSITA would have understood that current

is multiplied by voltage to obtain instantaneous power measurements, and current

measurements over time (in amperes) are multiplied by voltage measurements over

time (in volts) to obtain measurements of power over time. This average power

consumption over a given time period multiplied by the time period reflects power

consumption and is commonly measured in kilowatt-hours in electric meter

applications.

42. This is confirmed by the operation of the ADE7756, which the ’524

Patent identifies as performing the pertinent current measurement and power

consumption calculation. I have reviewed a datasheet published by Analog Devices

regarding the operation of the ADE7756 power meter chip, ITR524-1016, to confirm

that I understand its operation in the alleged invention. The ADE7756 device has

ITR524-1003,

two input channels: one for measuring current and one for measuring voltage. See,

e.g., ITR524-1016, pp. 7-8 (“The phase correction network ensures a phase match

between Channel 1 (current) and Channel 2 (voltage) . . . .”). The device measures

active power consumption by measuring voltage (V) and current (I) over time to

create voltage and current waveforms, v(t) and i(t). ITR524-1016, p. 21.

Instantaneous power, p, is obtained by calculating the product of the voltage and

current waveforms, i.e., p(t) = v(t) × i(t). ITR524-1016, p 21 (“Electrical power is

defined as the rate of energy flow from source to load. It is given by the product of

the voltage and current waveforms. The resulting waveform is called the

instantaneous power signal and it is equal to the rate of energy flow at every instant

of time. The unit of power is the watt or joules/sec.”). Power over time, P, is

calculated by multiplying the root mean square (“rms”) voltage by the rms current.

ITR524-1016, p. 21. All of these power calculations are simple calculations based

on relationships between voltage, current, and power that would have been well

known to any POSITA, and the ADE7756 calculates power consumption based on

measured current over time in a manner that would have been conventional at the

time of the alleged invention. A POSITA would have understood that power

consumption can be easily calculated using measured current over time and

measured voltage over time.

ITR524-1003,

43. The power consumption information is then encapsulated into a packet

that is transmittable on an IP-based network. Fig. 6 and Fig. 7 of the ’524 Patent

represent an IP datagram of the invention using the standard IPv4 protocol:

ITR524-1001, Fig. 6.

ITR524-1003,

ITR524-1001, Fig. 7.

44. The data 408 in Fig. 6 represents what a POSITA would refer to as

“payload data” and, in the invention, may contain power consumption data 412-424

indicated in Fig. 7. By appending the IPv4 headers indicated in Fig. 6, the data

structure in Figs. 6 and 7 comprises an IP datagram, also known as an IP packet. By

encapsulating the power consumption data with an IP header, the invention creates

what it refers to as “IP-based power consumption data.” ITR524-1001, 8:49–9:22.

The system then transmits this data to a remote location.

45. The ’524 Patent specification does not appear to disclose the concept

of transmitting the power consumption data “autonomously” as claimed in

challenged claim 17. Nonetheless, the patentee argued and explained during

prosecution that “autonomously” means “without external prompting.” ITR524-

1002, p. 218.

ITR524-1003,

46. In submitting the patent application, the patentee admitted that a

number of technologies were well known in the prior art, as detailed infra at Part

V.A.

47. In summary, the patentee admitted that conventional and commercially

available AC power meters such as the ADE7756 power metering IC were known

prior art. See Part V.A., infra.

48. The patentee also admitted that power line communications protocols

and device control protocols such as HomePlug and X-10 for communicating with,

controlling, and disabling appliances were known in the art. The first version of the

HomePlug specification was published in June 2001, with version 1.0.1 published

December 1, 2001. ITR524-1010. This specification defines a HomePlug Power

Line Networking system, which “provides support for communication of prioritized

data in a home environment using the AC power lines.” ITR524-1010, p. 1. The X-

10 code format was first introduced in 1978 and allows communication with and

control of devices (for example, turning lights on and off) using power line carrier

communication. ITR524-1015, p. 2. X-10 transceivers would plug into regular AC

power outlets. ITR524-1015, p. 5.

49. The patentee further admitted that conventional power line transceivers

such as the VS6801 power line transceiver chip were also known prior art. See Part

V.A, infra (discussing the admitted prior art in detail). The patentee further admitted

ITR524-1003,

that wireless communication standards, such as the IEEE 802.11 wireless standard,

were known in the art. Id. The patentee further admitted that the internet protocol,

IPv4, was well known as of the alleged date of invention as a communications

protocol for communicating remotely over the internet. Id.

50. Accordingly, the alleged novelty and non-obviousness of claim 17 of

the ’524 Patent (and the associated dependent claims) appear to center around the

concept of transmitting power measurement data “autonomously,” that is, without

external prompting, because the patentee admitted that all other elements were

known in the art and it would have been obvious to a POSITA creating a wireless

metering network to combine them. As shown below, the idea of transmitting power

measurement information autonomously, i.e., without external prompting, was also

known in the art. By combining these conventional power measurement and

communications technologies in predictable ways, a POSITA readily would have

been able to both measure and autonomously transmit IP-based power consumption

information over power line networks, which is a predictable result.

B. Prosecution of the Application Leading to the ’524 Patent

51. The original application that led to the issuance of the ’524 Patent was

filed in the U.S. Patent and Trademark Office on October 25, 2002.

52. On March 2, 2004, the Examiner issued a non-final rejection, rejecting

all claims except claim 8 as anticipated by U.S. Patent No. 5,699,276 (“Roos”), and

ITR524-1003,

rejecting claim 8 as obvious further in view of an IEEE article titled, “Unique EHV

Current Probe for Calibration and Monitoring” (“Anderson”). Claim 8 included a

claim element not related to any of the challenged claims in this petition. The

Examiner maintained in this rejection and in all later rejections that the step of

measuring current fluctuations on the power line was inherent in Roos, which

contained a power meter, because “the basis for power metering is the amount of

current draw per appliance.” ITR524-1002, pp. 62, 136, 191.

53. On September 3, 2004, the patentee filed an amendment and response.

The patentee argued that Roos did not disclose converting the measured power

consumption data to IP format, despite the fact that Roos teaches that the power

meter “provides access to the internet.” The patentee argued that Roos does not

explicitly teach converting the power consumption data to IP data and that

communications protocols were not standardized to use the internet protocol at the

time of Roos.

54. The patentee also added five new dependent claims, adding the new

limitations “wherein the power metering system is located at a first location,” and

connecting the first location to second location using different types of network (e.g.,

wireless or power line communication networks).

55. On December 2, 2004, the Examiner issued another non-final rejection,

finding the applicant’s arguments regarding Roos were persuasive and withdrawing

ITR524-1003,

their original objections. The Examiner rejected claims 1-7 and 9-31 as obvious

over Roos in view of IEEE article titled, “The IP-Meter: Design Concept and

Example Implementation of an Internet Enabled Power Line Quality Meter”

(“Delsing”).

56. The Examiner argued that Roos did not teach converting power

consumption data into IP-based power consumption data, but that Delsing teaches

this element because it teaches an Internet protocol-enabled meter that is capable of

measuring voltage, flow, current, and other power consumption information, and

transmitting that data using the Internet protocol. The Examiner found that it would

have been obvious to combine the two references to establish a two-way

communications line connected to the Internet using TCP/IP. Claim 8 was rejected

further in view of Anderson, as in the prior non-final rejection.

57. On March 4, 2005, the patentee filed an amendment and response. No

claim amendments were made to the claims that issued as the claims currently

challenged by Petitioner. The patentee argued that then-pending claims 20-26

(which correspond to issued claims 17-22) are not taught by Roos combined with

Delsing because Delsing does not teach measuring or calculating power

consumption information based on current fluctuations and because Roos does not

teach converting power consumption information to IP-based power consumption

data. Furthermore, the patentee argued that the combination of Roos and Delsing is

ITR524-1003,

a power quality meter accessible via a web page, not a power meter that calculates

power consumption information and converts it to IP-based power consumption

data.

58. On May 18, 2005, the Examiner issued a final rejection, standing on all

prior rejection grounds, because Roos in combination with Delsing includes a

transceiver connected between the processor and the power line as claimed, and

transmits and receives IP data across the power line where the electric company

provides programming to facilitate the transaction, hence receiving IP data over

power line would have been obvious because Roos implements packet-based

internet communication.

59. On October 20, 2005, the patentee filed an amendment with a request

for continued examination, in which the patentee added the underlined section to the

limitation “transmitting the IP-based power consumption information from the

processor to a destination autonomously in IP format over an external power line

network” to then-pending claim 20 (which corresponds to issued claim 17). ITR524-

1002, p. 210 (emphasis in original). The patentee argued that the internal interface

taught by Roos may include the internal power line but does not teach

communicating by external power line (or converting the data to IP-based data). The

patentee further argued that Delsing teaches that the internet connection is over a

thin Ethernet medium, not a power line network, and that the web pages containing

ITR524-1003,

the power consumption data are accessed via a web browser (as opposed to direct

encapsulation in IP packets which could be transmitted autonomously as claimed),

and furthermore does not teach an external power line network. The patentee also

argued and explained that the term “autonomously” means “without external

prompting.” ITR524-1002, p. 218.

60. On January 11, 2006, the Examiner issued a notice of allowance. In the

reasons for allowance, the Examiner stated that Roos does not teach or suggest

“autonomously sending power consumption information over an external power line

network” and that the claimed invention further includes measuring power

consumption data from the power line where the power meter divides the power line

to form an internal and external power line network where information is transmitted

autonomously in IP format over the external power line network.

61. The ’524 Patent issued on June 6, 2006.

C. Challenged Claims of the ’524 Patent

62. The challenged claims of the ’524 Patent are claims 17-22. I have

reproduced the challenged claims below.

Claim 17. A method of measuring power consumption information

on a power line comprising:

measuring current fluctuations in the power line;

calculating power consumption information from the current

fluctuations in a processor;

ITR524-1003,

converting the power consumption information into IP-

based power consumption information in the processor; and

transmitting the IP-based power consumption information

from the processor to a destination autonomously in IP

format over an external power line network.

Claim 18. The method of claim 17, further comprising:

receiving the IP-based power consumption information at

the destination; and

calculating a utility bill using the IP-based power

consumption information.

Claim 19. The method of claim 17, further comprising transmitting

the IP-based power consumption information over an IP-based

network.

Claim 20. The method of claim 17, further comprising wirelessly

transmitting the IP-based power consumption information from the

processor to the destination.

Claim 21. The method of claim 17, further comprising:

generating a control signal in the processor in response to

the power consumption information;

transmitting the control signal to an appliance; and

controlling the appliance with the control signal.

Claim 22. The method of claim 21, wherein the step of controlling

the appliance comprises turning the appliance off in response to

increased power consumption.

D. Priority Date of the ’524 Patent

63. I am informed and understand that the earliest possible priority date for

claims 17-22 of the ’524 Patent is October 25, 2002—the filing date of U.S. Patent

Application No. 10/280,533, which does not claim priority to any other application.

ITR524-1003,

E. Claim Construction

64. I understand that for the purpose of inter partes review, claim terms are

presumed to take on their broadest reasonable ordinary meaning, to a POSITA, that

is consistent with the specification. It is my opinion that only the term

“autonomously” warrants construction beyond its ordinary meaning in light of the

specification of the ’524 Patent, particularly since the term does not appear in the

specification. I am not opining on the construction of any claim term, or the

necessity of construing any claim term, for purposes of a district court litigation,

which I understand follows a different standard.

65. The term “autonomously” appears in independent claim 17. The

relevant claim element requires transmitting the IP-based power consumption

information from the processor to a destination “autonomously” in IP format over

an external power line network. I believe that the broadest reasonable interpretation

of the term “autonomously” is “without external prompting.”

66. The term “autonomously” does not appear in the ’524 Patent

specification, nor does the concept of autonomous transmission appear in the

specification.

67. During prosecution of the ’524 Patent, the patentee explained to the

Examiner in response to a rejection based on the combination of Roos and Delsing

that, in Delsing, the IP-Meter “must be proactively accessed using a web browser to

ITR524-1003,

acquire data. Power quality data is not transmitted autonomously (i.e., without

external prompting) to a remote location over a power line network).” ITR524-

1002, p. 218 (emphasis in original).

68. The prosecution history therefore illustrates that the patentees

considered that an “external prompting” includes an instance where a customer had

to proactively request, via a remote web browser, the power consumption

information from the power meter in order to trigger a transmission of power

consumption information by the power meter. ITR524-1002, p. 218. This is distinct

from, for example, transmissions where a power meter determines to transmit

automatically after a predetermined time interval has elapsed, or after a certain

power usage threshold has been exceeded, which would properly be considered

“autonomous” transmissions.

69. Accordingly, based on the patentee’s representations during the

prosecution of the ’524 Patent, a POSITA would have understood that the term

“autonomously” means “without external prompting.”

V. PRIOR ART

A. ’524 Admitted Prior Art (“APA”)

70. The “Related Art” section of the ’524 Patent discusses then-existing

power utility meters (both analog and digital) and power metering systems using

radio frequency (“RF”) for telemetry. ITR524-1001, 1:13-51. Thus, in my opinion

ITR524-1003,

the ’524 APA includes at least conventional power utility meters, including

electromechanical, digital, and analog types, and power metering systems using

radio frequency (“RF”) to remotely measure electrical power consumption. ITR524-

1001, 1:20-24, 35-37. I rely on the aforementioned admissions to further bolster my

findings as to the state of the art and the understanding of the POSITA at the time of

invention of the ’524 Patent.

71. Furthermore, the “Detailed Description of the Invention” section of the

’524 Patent discusses power lines “known in the art,” “conventional” circuit

breakers, wireless 802.11 networks “known in the art,” and digital computers

“known in the art.” ITR524-1001, 2:59-63 (“The power line 50 can be any power

line known in the art, such as a single phase, two-phase, or three-phase power line

operating at any acceptable voltage (e.g., 120 or 240 volts).”), 2:64-66 (“Power

line 50 is connected to a conventional circuit breaker 55, and electricity provided

therefrom is distributed to various locations within the building via cables 60.”),

5:48-52 (“In this arrangement, a first power metering system 10, a second power

metering system 110, and a monitoring station 160 communicate using network 70,

which may be, for example, a wireless IEEE 802.11 network known in the art.”),

8:16-18 (“Each of the software modules 350 can be embodied in any digital

computer known in the art.”). This section also describes “known” power meters

(including an active energy metering integrated circuit (“IC”) with a serial interface,

ITR524-1003,

ADE7756, manufactured by Analog Devices, Inc.) and known power line

transceivers (e.g., VSM6801 manufactured by Valence Semiconductor) and

protocols (including the X-10 and HomePlug protocols) for communicating over

power lines using the Internet Protocol:

In a preferred embodiment of the present invention, power

meter 35 is an ADE7756 active energy metering IC with a

serial interface, manufactured by Analog Devices, Inc. The

ADE7756 incorporates two second-order, sigma-delta analog-to-

digital (A/D) converters, reference circuitry, and associated

signal processing circuitry to perform active power measurement

from power line 50. Real-time power consumption information,

when processed by the ADE7756, is output in the form of a serial

data signal capable of being read by any serial device (e.g., an

RS-232 data port). Of course, any known power meter capable

of producing a serial output signal corresponding to power

consumption information can be substituted without

departing from the spirit or scope of the present invention.

ITR524-1001, 3:29-42 (emphasis added);

Importantly, transceiver 30 allows the processor 20 of power

metering system 10 to transmit and receive IP data from power

line 50 using known power line protocols such as X-10 or

HomePlug. . . . The HomePlug protocol allows for the

transmission of IP data across power lines at speeds of up to

13.75 Mbits/second, with guaranteed Quality of Service (QoS).

The HomePlug protocol interfaces with the Media Access

ITR524-1003,

Control (MAC) layer of the software, allowing IP data to be

transmitted over power lines. In a preferred embodiment of the

present invention, transceiver 30 comprises a VS6801 CMOS

chip manufactured by Valence Semiconductor, Inc.

ITR524-1001, 3:52-66 (emphasis added).

72. As an initial matter, it is clear from the ’524 File History and ’524 APA

that the method of calculating power consumption information in a utility meter

processor from measured current fluctuations (e.g., a current waveform) in a power

line was well known and was a commercially available implementation for

electricity meters. Therefore, any disclosure in a prior art reference regarding an

electricity meter would have been inherent and obvious to use with electricity meter

implementations known to a POSITA that measured power consumption by

measuring current fluctuations in a power line. Furthermore, the ’524 Patent

describes the power meter of the invention, which measures current fluctuations to

calculate power usage, as being implemented by a then-commercially available

integrated circuit, ADE7756 by Analog Digital. I have reviewed the datasheet for

ADE7756 and understand that it measures power consumption using a current and

voltage input, as described in Part IV.A, supra.

73. Furthermore, power line carrier communication protocols were well

known at the time of invention, as admitted in the ’524 Patent. A POSITA would

have known that power line carrier communications existed and that it would have

ITR524-1003,

been desirable to implement such networks because power line carrier networks

allow a power meter to communicate without needing to implement a parallel

communications network infrastructure (such as laying Ethernet cables or

implementing a wireless network that the utility may not have full control over),

allowing the costs of the network to remain low. For example, the ’524 Patent

describes the system as transmitting and receiving IP data from the power line “using

known power line protocols such as X-10 or HomePlug.” The power line transceiver

of the preferred embodiment of the ’524 Patent is a VS6801 CMOS chip

manufactured by Valence Semiconductor, Inc. “The VS6801 chip combines analog-

to-digital (A/D) converters, digital-to-analog (D/A) converters, signal conditioning

circuitry, and power line interface circuitry to allow transmission of data across

power line 50 using Internet Protocol over the HomePlug protocol.” ITR524-

1001, 3:64-4:4 (emphasis added).

74. The Internet Protocol, and specifically IPv4, was well known at the

alleged date of invention. The IETF RFC 791 publication was published in 1981

and was widely used for virtually all Internet communication by the alleged priority

date of the ’524 Patent. ITR524-1009, p. 1. A POSITA would have understood that

any communication using the Internet would have required creating packets

containing the data to be communicated, and that it would have been obvious to use

ITR524-1003,

the IPv4 protocol to encapsulate the data to create an IP packet, thereby creating IP-

based data for easy communication on the Internet.

75. Wireless communication protocols such as cellular communications

(including GSM and W-CDMA), IEEE 802.11 networks, and radio frequency

networks were also well known in the art as means for transmitting data.

B. U.S. Patent Application Publication No. 2002/0161536 (“Suh”)

76. U.S. Patent Application Publication No. 2002/0161536 (“Suh”) was

published on October 31, 2002, based on non-provisional Application No.

09/834,346 filed on April 13, 2001, which was a continuation-in-part of Application

No. 09/558,391 filed on April 25, 2000. Accordingly, I understand that this

reference constitutes prior art under 35 U.S.C. § 102(e).

77. Suh teaches an “internet ready electronic power meter for residential or

commercial use that records the rate of electronic power usage and communicates

the usage rate to a remote site permitting new business models for revenue

generation.” ITR524-1006, ¶ 2.

78. Suh further teaches, “The internet ready electronic power meter of

this invention incorporates a communication component that enables the

electronic meter to communicate in a dedicated local area network (LAN) or

wide area network (WAN) including a public or private network, such as the

internet also called the world wide international computer network. The invented

ITR524-1003,

electronic power meter includes the communication components necessary to

communicate by telephone line, power line or wireless communication systems

to periodically transfer collected data to a remote site.” ITR524-1006, ¶ 8

(emphasis added).

79. Figure 2 of Suh illustrates a block diagram of the internet-ready power

meter:

ITR524-1006, Fig. 2.

80. Suh teaches that the microprocessor of the internet-ready power meter

reads a commercially available AC meter chip to determine the voltage and current

being used. “The microprocessor 36 coordinates periodic readings of the meter

ITR524-1003,

chip 42 connected to the power supply 24 to generate digital representations of

the voltage 44 and current 46, as schematically illustrated. The meter chip 42, also

identified as U2, is a module with its own crystal clock 48 and data lines 50 and 52

feeding data to the microprocessor 36. The meter chip 42 is a commercially

available AC meter chip.” ITR524-1006, ¶ 26 (emphasis added).

81. This commercially available AC meter chip, in combination with the

processor, would measure variations in current 46 to determine the level of power

consumption, as known and described in the ’524 APA’s description of a

commercially available AC meter chip, ADE7756, which calculates power usage by

measuring current over time. ITR524-1001, 3:17-45; ITR524-1016, p. 21. The

output of meter chip 42 further includes a digital representation of current 46, which

the microprocessor uses to calculate power consumption. ITR524-1006, ¶¶ 26, 41,

Fig. 2. The electronic power usage rate is recorded by the electronic power meter

and is periodically transmitted by the internet-enabled energy meter to a remote

destination, such as the energy service provider or a separate billing service.

ITR524-1006, ¶¶ 2, 11, 47, 49.

82. Fig. 1 of Suh illustrates an internet-ready power meter capable of

communicating using multiple types of modems.

ITR524-1003,

ITR524-1006, Fig. 1.

83. Suh teaches that the microprocessor’s transmission of power usage

information may occur by, inter alia, power line communication and/or wireless

communication. “The microprocessor 36 is operably connected to a modem 64

which is preferably, but not required to be, mounted within the housing 16. . . . The

modem 64 is either line connected to the international computer network 70 via

communication lines 72, power line 73 using developed data transmission

overlay technologies or, using a transceiver 74 via airway transmissions through an

ITR524-1003,

antenna 76, as also shown in FIG. 1. The electronic power meter is able to connect

directly to any ISP of any web site.” ITR524-1006, ¶ 30 (emphasis added).

Accordingly, Suh teaches that a variety of networking media, including power line

communication using well-known data transmission overlay methods and wireless

communication methods, can be used by the microprocessor to communicate via

modem 64 with an international computer network 70, illustrated as “Internet” in

Figure 2 of Suh.

84. Figure 5 of Suh illustrates a flow chart describing the process for

communicating power usage data to the remote destination:

ITR524-1003,

85. In block 120 of Fig. 5, the energy meter measures and stores power

consumption data in one minute increments. “Data polling occurs each minute and

processed for transmission each hour.” ITR524-1006, ¶ 40. No external prompting

is required for this data recording or transmission. It occurs autonomously, driven

by the interrupts and counter controlled by the power meter itself.

ITR524-1003,

86. In block 122 of Fig. 5, the output of the commercially available meter

chip is read, with a representation of current energy consumption also being sent to

the LCD of the energy meter. ITR524-1006, ¶ 41.

87. At the expiration of the one hour interval, block 128 indicates that the

collected power consumption data is automatically prepared for messaging to the

data collection center by the internet-enabled power meter. ITR524-1006, ¶ 42. In

a sample embodiment, the data transmission is prepared as an e-mail package. Id.

¶¶ 42-43. This message generation and transmission occurs without any prompting

by an external source, instead occurring automatically every hour as the power meter

itself institutes a data transmission.

88. The process of sending the meter readings as an email is illustrated in

Fig. 4 of Suh:

ITR524-1003,

89. On the left of Fig. 4 of Suh, electronic power meter 10 is the

client/sender 94 of the data records including the kilowatt hour usage rate, the time

stamp, and the temperature. ITR524-1006, ¶ 35.

90. Suh teaches sending the collected power consumption data, including

the kilowatt hour usage rate and time stamp, encapsulated in an email using the

internet protocol. “The data records are sent as an e-mail 98 using standard

international computer network protocols. The e-mail conforms to SMTP (Simple

Mail Transfer Protocol). The second transmission protocol layer 100 adds the TCP

(Transmission Control Protocol) header including formatted data identifying the e-

ITR524-1003,

mailer and host, here the electronic power meter 10 acting as the client/sender and

the service provider as host 96. In the subsequent layer, the IP (Internet Protocol)

is added to comprise the IP datagram 102 including the IP header, the TCP

header and the data.” ITR524-1006, ¶¶ 35-36 (emphasis added). Accordingly,

Suh teaches converting the power consumption data records into IP-based power

consumption data for transmission using the internet protocol.

91. Fig. 5 of Suh further indicates at block 130 that after the email is

prepared, it is transmitted over a network—for example, a power line network or

wireless network—using modem 64. No prompting other than the internal counter

described in connection with Fig. 5 causes the power meter to prepare and transmit

this message.

92. Fig. 6 of Suh illustrates an intra/inter-net communication system that

allows for flexibility in the design of business models for generating revenue through

use of the invented meter. ITR524-1006, ¶ 49. I have added annotations for certain

numbered items that are faint in the original publication.

ITR524-1003,

93. In particular, the meter 10 operates as a hub for local devices, including

site operations automation, and connects to the internet communication system 156

to communicate with the primary service provider 159 (for example, the energy

service provider 158). ITR524-1006, ¶ 49. The energy service provider 158 then

communicates through the internet communication system 156 to other clients of the

energy service provider, including the utility provider 160 and billing services 166.

94. Fig. 7 of Suh further defines the basic system of Figure 6 with

additional detail. ITR524-1006, ¶ 50. I have added annotations for certain

numbered items that are faint in the original publication.

10

154

156

166

ITR524-1003,

95. Fig. 7 of Suh illustrates that the energy meter hub 180 may

communicate with a remote host and system intermediary 176, “typically through a

dial up modem pool 178 through one or more of the multiple communications

pathways 72 [communication lines], 73 [power line using data transmission

overlays], or 76 [airway transmission through an antenna] identified in Fig. 1.”

ITR524-1006, ¶ 51 (emphasis added).

96. Suh further teaches, “The system provider of the energy meter

technology installs and maintains the hardware systems and transmits the

communications back and forth between the local site energy meter hubs 180 and

the host 176. The host 176 may be the same entity or a separate entity from the

180 10

174

178

192

178

186

8

176

8

182

8

ITR524-1003,

information exchange 182 which converts the raw data from the energy meter hubs

180 into usable information for one or more clients 184 of the exchange 182.”


97. Suh further teaches that “the ability to track power usage in real time is

advantageous to both the service provider and the customer or client and enables site

automation, site security and appliance controls.” ITR524-1006, ¶ 3. The energy

meter may transmit other input and output signals “through port 66 to operate and

monitor other electronic system controllers such as a site security controller 172 or

appliance controller 174. This permits control of or response to site security

situations or control and operation of site appliances like air conditioners, heaters,

lights and other appliance systems that are clients of the power meter 10.” ITR524-

1006, ¶ 50. Air conditioning systems may be regulated in response to the data

transmitted by the energy meter, including the temperature data. ITR524-1006, ¶ 28.

C. U.S. Patent No. 6,633,823 (“Bartone”)

98. U.S. Patent No. 6,633,823 (“Bartone”) issued on October 14, 2003

based on a non-provisional application filed July 13, 2001 and a provisional

application filed on July 13, 2000. Accordingly, I understand that this reference

constitutes prior art to the ’524 Patent under 35 U.S.C. § 102(e).

ITR524-1003,

99. Bartone teaches a system and centralized data center for monitoring and

controlling energy usage in a facility. Fig. 1 of Bartone illustrates a diagram of this

system:

100. Block 50 of Figure 1 represents a power measurement device connected

to the main power feed 31. This power measurement device monitors power

consumption within the facility 26. “The centralized data center 22 may be one

location, or a plurality of separate locations which can collect and share data over

various networks, for example the Internet, a VPN (virtual private network), wireless

node connections, etc.” ITR524-1007, 5:1-6.

ITR524-1003,

101. Bartone further teaches a device controller 30 for measuring and

controlling the power consumption of an attached power consumption device 28.

The power consumption device may be, for example, “electrical devices such as

refrigeration devices, HVAC systems, heating units, motor-driven systems, and any

other high-load devices. Such devices 28 may alternatively be power producing

devices such as generators, batteries, solar or fuel cells.” ITR524-1007, 5:12-17.

102. According to Bartone, “one or more power consumption devices 28 is

connected 32 to a device controller 30, wherein the device controller 30 can control

the power consumption device 28. The device controller 30 can also monitor

whether the power consumption devices [sic] 28 is drawing power, or even measure

much more detailed information, for example the amount of power consumed, and

the state of the power consumption device 28. The power consumption device is

typically plugged into the device controller 30, although other connections and

controls are possible.” ITR524-1007, 5:17-28.

103. Bartone teaches packetizing and transmitting data from the user’s end

point source to and from a centralized data center using power line communications

and a 2-way wireless system in combination with Internet communications. The

centralized data center can then perform sophisticated analysis and utilize

complementary data to initiate more effective control of the user’s power

consumption devices. ITR524-1007, 3:1-12.

ITR524-1003,

104. Fig. 3 of Bartone illustrates how this system would look in practice:

105. In Fig. 3 of Bartone, each set of building system equipment—for

example, HVAC or refrigeration controls—is plugged into a device controller 30.

The device controller 30 can measure the amount of power consumed by the power

consumption devices connected to it. ITR524-1007, 5:21-27. Device controller 30

may then communicate with the facility transceiver unit 36 and power measurement

devices 50 using “any form of communication” 34, including “wireless

communications, infrared signal, ultrasonic transmitters, power carrier signals,

wire connections, or any packet switching networks such as Ethernet or Firewire.”


ITR524-1003,

106. The facility transceiver 36 in Figs. 1 and 3, which in the illustrated

embodiment in Fig. 3 comprises an RF module, packetizes the collected data and

transmits it over the network, including over the Internet. ITR524-1007, 3:7-12.

107. Bartone teaches that energy use data is periodically transmitted to a

central station location: “Energy use data can be preset to be acquired,

transmitted and delivered to a central station location in user selectable time

intervals, or standard increments such as 15 minute, 30 minute, 1 hour and up

intervals depending upon the requirements of the end user and/or service provider.

Pre-determined intervals are programmed at the end user’s location using a hand-

held programming computer or can be performed at the central location 22 by re-

transmitting data interval collection instructions to the RF Facility Module(s) 52.”


108. The system of Bartone further has the ability to directly bill customers

based on power usage. The system has the ability “to provide sub-metering and

utility billing services to those market segments that conduct business and

relationships where these services may provide high value. For instance, the office

building market is typically made up of multiple tenants occupying space within a

building. . . . By installing submetering equipment within tenant occupied spaces, a

more detailed measurement of energy use can provide better allocation of costs

through direct billing for tenant usage.” ITR524-1007, 8:15-31.

ITR524-1003,

109. Bartone also teaches monitoring and control of a large number of

energy consumption devices on a real-time basis, for example, by cycling air

conditioning units off to keep a utility load below a preferred limit: “The system

allows up to the second information on usage and loads, and control on a similar

timescale. Through central monitoring and control, energy savings based on the

‘macro’ picture are possible. For example, simply by limiting the activation of air

conditioning units at several facilities for a few minutes can help keep a utility load

below a preferred limit. As other air conditioning units are cycled off, the new units

can be activated. The impact on the end user is minimal and transparent.” ITR524-

1007, 12:23-34.

D. U.S. Patent No. 7,747,534 (“Villicana”)

110. U.S. Patent No. 7,747,534 (“Villicana”) issued on June 29, 2010, based

on an application filed on September 24, 2002. Accordingly, I understand that this

reference constitutes prior art under 35 U.S.C. § 102(e).

111. Villicana discloses an electrical utility meter system that “measures

residential energy consumption and automatically communicates this information to

a host computer via the Internet.” ITR524-1008, Abstract. The system’s hardware

unit “measures residential energy consumption in predefined intervals, stores the

measurements, and communicates at predefined times to a host database server. The

ITR524-1003,

unit can accommodate various wired or wireless communication technologies

through a simple communications port.” Id.

112. Fig. 1 of Villicana illustrates a block diagram of Villicana’s meter

reading and control system:

113. In this Figure, server 101 is coupled through firewall 105 to a computer

network. In the illustrated embodiment, the computer network is the Internet 111,

which is connected to various utility meters 113 via point of presence (“POP”) 115.

ITR524-1003,

Bi-directional communication between the utility meters 113 and the entire system

is also disclosed. ITR524-1008, 4:34-43.

114. Villicana teaches that the utility meters 113 measure power usage data

and periodically establish a link to the system to automatically transmit that data:

Each utility meter 113 is capable of measuring energy consumption

in real time. Electrical usage readings are taken at programmed

predetermined intervals and are stored in a non-volatile memory at

the utility meter. Each meter 113 periodically establishes a link to

system 100. . . . As noted above, each utility meter 113 takes

electricity usage data in predetermined intervals that are determined

by embedded software in the meter 113. The predetermined

intervals may be pre-selected at 5, 10, 15, 30, or 60 minutes. The

usage is calculated in accordance with predetermined

quantifications or ‘buckets’ of total power consumed, power

consumed in peak times, power consumed in off-peak times; and

power consumed during peak/off-peak shoulder periods. To reduce

interference with telephone usage at the residence where the meter

is installed, and to take advantage of lower priced night rates, meter

113 communicates to system 100 during night hours of 12 pm to 5

am.

ITR524-1008, 5:6-31.

115. The utility meters are a hybrid electromechanical meter that include an

induction motor. As increased current flows through the motor, the disk attached to

the motor rotates more quickly, enabling measurement of total power used based on

ITR524-1003,

changes in the current. “The speed of rotation of the disk is directly proportional to

the voltage applied and the amount of current flowing through the motor. The phase

displacement of the current, as well as the magnitude of the current, is automatically

taken into account by the meter, i.e., the power factor influences the speed of rotation

of the disk. The result is that the disk rotates with a speed proportional to true

power.” ITR524-1008, 1:22-31.

116. Villicana also discloses that the electric meters “capture and transmit

energy-use information in configurable time intervals directly to a data center via

public networks. Each meter in accordance with the principles of the invention

includes built-in measurement and state-of-the-art data communications

systems that provide high-volume, real-time energy-use monitoring over the

Internet to a server and database.” ITR524-1008, 2:22-38 (emphasis added).

117. Fig. 2 of Villicana illustrates a block diagram of the disclosed utility

meter:

ITR524-1003,

118. In Fig. 2, the structure 200 includes, inter alia, a modem interface

identified as “a wide area network interface 223 that provides one or more of analog

modem functionality, cellular telephone modem functionality, satellite

communication functionality, 2 way paging functionality, or power line carrier

functionality.” ITR524-1008, 6:17-21 (emphasis added).

119. This modem 223 is capable of making a direct connection with a remote

TCP/IP address as illustrated in Figure 4:

ITR524-1003,

120. When the controller determines that it needs to connect to the data

server due to a programmed event (for example, for a daily upload or for a special

event such as a loss of power), it connects to the data center utilizing modem 223 to

establish a TCP/IP connection to the data center. At step 407, it sends an appropriate

data message—for example, the daily data upload, sent in IP format—and completes

the transmission when it receives an acknowledgment. ITR524-1008, 7:48-62.

121. Accordingly, Villicana discloses sending power consumption data in IP

format over power line carrier. Villicana further discloses providing real-time

energy use monitoring over the Internet to a server and database, and accessing the

energy consumption data over the Internet by a customer. ITR524-1008, 2:18-46.

ITR524-1003,

122. The invention of Villicana “permits power usage data to be calculated

and stored incrementally for automatic transmission. In the illustrative embodiment

of the invention, power usage data is acquired from meters in 15-minute

increments.” ITR524-1008, 2:47-49.

VI. INVALIDITY OF CLAIMS 17-22 OF THE ’524 PATENT IN LIGHT

OF THE PRIOR ART

123. Claims 17-22 are rendered obvious by Suh.

124. Claims 17-22 are rendered obvious by Suh in combination with

Bartone.

125. Claims 17-22 are rendered obvious by Villicana in combination with

Bartone.

A. Count 1: Suh

i. Claim 17: [17 Pre] A method of measuring power consumption

information on a power line comprising:

126. To the extent the preamble is limiting, Suh discloses or renders obvious

a method of measuring power consumption information on a power line. For

example, Suh discloses the use of an Internet ready power supply meter that records

the rate of electronic power usage. Suh recites:

This invention relates to a power supply meter and in particular to

an internet ready electronic power meter for residential or

commercial use that records the rate of electronic power usage

and communicates the usage rate to a remote site permitting new

ITR524-1003,

business models for revenue generation. In its preferred

embodiment, the electronic power meter of this invention utilizes

the public or private computer network to enable the electronic

power meter to communicate recorded data to a service provider

with access by clients and customers for review of the recorded data.


Within the housing 16 of the electronic power meter 10 is an

electronic main circuit designated generally by the reference

numeral 34 and shown in FIG. 2. Referring to FIG. 2, the electronic

power meter 10 has a microprocessor 36 to handle the operations

and tasks of the meter. The microprocessor 36 is a low-cost, 8-bit

processor having an associated crystal clock 38, a fixed memory 39

for programmed control instructions and a random memory 40 for

data storage. The fixed memory, also identified as U3, includes the

program memory that contains the assembly code and the internet

protocols such as TCP/IP, SMTP and PPP as described hereinafter.

The random memory 40, also identified as U4, contains the data of

the meter readings and other information used in creating data

records or specialty features of the electronic power meter 10. The

microprocessor 36 coordinates periodic readings of the meter

chip 42 connected to the power supply 24 to generate digital

representations of the voltage 44 and current 46, as schematically

illustrated. The meter chip 42, also identified as U2, is a module with

its own crystal clock 48 and data lines 50 and 52 feeding data to the

microprocessor 36. The meter chip 42 is a commercially available

AC meter chip. The interface with the microprocessor 36 may be

ITR524-1003,

parallel, as represented by line 50, serial as represented by line 52,

or by busses such as SPI and 12C.


127. The passages above indicate that the meter 10 is connected to the power

supply (i.e., the power line 73) and records the rate of electronic power usage by

reading the commercially available AC meter chip, which itself measures the voltage

and current on the AC power supply. The electronic power usage measured by Suh

includes generating a measurement of kilowatt hour usage rate, one of the power

measurements the ’524 Patent describes as being power consumption information.

ITR524-1006, ¶¶ 35; ITR524-1001, at 9:5-22.

ii. Claim 17: [17A] measuring current fluctuations in the power line

and

17[B] calculating power consumption information from the current

fluctuations in a processor:

128. Suh discloses or renders obvious measuring current fluctuations in the

power line and calculating power consumption information from the current

fluctuations in a processor. For example:

ITR524-1003,

ITR524-1006, Fig. 1.

ITR524-1003,

ITR524-1006, Fig. 2.

This invention relates to a power supply meter and in particular to

an internet ready electronic power meter for residential or

commercial use that records the rate of electronic power usage

and communicates the usage rate to a remote site permitting new

business models for revenue generation. In its preferred

embodiment, the electronic power meter of this invention utilizes

the public or private computer network to enable the electronic

power meter to communicate recorded data to a service provider

with access by clients and customers for review of the recorded data.


ITR524-1003,

The faceplate 22 has a window 26 with a liquid crystal display 28

(LCD) that displays markings 30 that represent the cumulative

power usage, typically in kilowatt-hours. It is to be understood

that the markings may indicate the temperature, the rate of power

usage as well as other information considered important by the

customer or party that visually views the meter.

The internal electronics periodically captures a reading of

power usage and accumulates a record of usage over a period of

time. This record can be retrieved by an optical meter reader (not

shown) having optical probes that are inserted onto the optical

terminal socket 32. In this manner usage records can be retrieved by

a meter reader in a conventional manner.

Within the housing 16 of the electronic power meter 10 is an

electronic main circuit designated generally by the reference

numeral 34 and shown in FIG. 2. Referring to FIG. 2, the electronic

power meter 10 has a microprocessor 36 to handle the operations

and tasks of the meter. The microprocessor 36 is a low-cost, 8-bit

processor having an associated crystal clock 38, a fixed memory 39

for programmed control instructions and a random memory 40 for

data storage. The fixed memory, also identified as U3, includes the

program memory that contains the assembly code and the internet

protocols such as TCP/IP, SMTP and PPP as described hereinafter.

The random memory 40, also identified as U4, contains the data of

the meter readings and other information used in creating data

records or specialty features of the electronic power meter 10. The

microprocessor 36 coordinates periodic readings of the meter

ITR524-1003,

chip 42 connected to the power supply 24 to generate digital

representations of the voltage 44 and current 46, as schematically

illustrated. The meter chip 42, also identified as U2, is a module with

its own crystal clock 48 and data lines 50 and 52 feeding data to the

microprocessor 36. The meter chip 42 is a commercially available

AC meter chip. The interface with the microprocessor 36 may be

parallel, as represented by line 50, serial as represented by line 52,

or by busses such as SPI and 12C.

ITR524-1006, ¶¶ 24-26 (emphasis added).

129. The passages above and Figure 1 indicate that the commercially

available AC meter chip 42 measures the current fluctuations of the AC power line,

where AC stands for alternating current, to determine the amount of power

consumed, as known in the art. As shown in Fig. 2, the meter chip 42 measures

current and voltage.

130. A POSITA would have understood that measuring current over time

constitutes measuring current fluctuations (i.e., the alternating current waveform) to

generate power usage information, as I describe above in Part THE ’524

PATENTIV.A.

131. Furthermore, the teachings of Suh itself make it obvious to rely on

commercially available AC meter chips known in the art. Suh teaches that the meter

chip in its invention is a “commercially available AC meter chip.” ITR524-1006,

¶ 26. This is an explicit teaching that commercially available AC meter chips are

ITR524-1003,

used or may be used with the invention. The ’524 APA admits that a commercially

available AC meter chip, ADE7756, was known, disclosing it as the preferred

embodiment of the ’524 Patent’s power meter 35. ITR524-1001, at 3:17-42. That

conventional power meter 35 is what performs the steps of “measuring current

fluctuations in the power line,” and “calculating power consumption information

from the current fluctuations in a processor” in the ’524 Patent. Accordingly, as

admitted by the patentee, a POSITA would have understood that a conventional and

available AC meter chip was capable of meeting this recitation.

132. Furthermore, a POSITA would have understood that it is obvious to

perform power measurement in a processor by measuring current fluctuations to

calculate power usage. The ADE7756 datasheet confirms that the ADE7756 device

measures current and voltage as inputs and calculates power usage data. ITR524-

1016, p. 21. Specifically, the ADE7756 device measures a current waveform, which

the POSITA would have understood as another term for a current fluctuation.

Accordingly, a POSITA would have been taught by Suh to include a commercially

available AC meter chip, like that admitted by the ’524 Patent’s patentees to be prior

art, to measure current fluctuations to calculate power usage based on those current

measurements.

133. Once measured, Suh discloses calculating power consumption

information based on the current measurements in a processor. For example,

ITR524-1003,

“microprocessor 36 coordinates periodic readings of the meter chip 42 connected to

the power supply 24 to generate digital representations of the voltage 44 and current

46” using a “commercially available AC meter chip.” ITR524-1006, ¶ 26. The

internal electronics of the power meter are described as periodically capturing the

rate of power usage and recording and displaying that usage on the meter itself.

ITR524-1006, ¶ 26. Accordingly, a POSITA would have understood that the

microprocessor 36 would use the measured current and voltage information to

generate the rate of power usage, as known in the prior art and described in the

patentee’s recitation of how conventional power meters operate. Accordingly, as

admitted by the patentee, a POSITA would have understood that the conventional

and commercially available AC meter chip used in Suh was capable of meeting this

recitation.

134. “Power consumption” information is discussed in the ’524 Patent

specification in reference to Fig. 7.

ITR524-1003,

ITR524-1001, Fig. 7.

135. The patentees further describe Figure 7 as “a block diagram showing

the data portion of a sample IP packet 410 according to the present invention for

transmitting power consumption data. The power consumption data measured by

the present invention is stored in a plurality of data blocks 412-424.” ITR524-1001,

at 9:3-7.

136. The ’524 Patent considers a wide variety of types of information to be

power consumption information. For example, data blocks 412-424 in Fig. 7, which

the patentees state are examples of power consumption data, refer to the start time

of energy use, the use period (in seconds), the kilowatt-hours of energy used during

the use period, the kilowatt-hours of energy cumulatively used during all user

periods (since setting the meter or since the last roll-over), the data length of the

power consumption message, ancillary data types, and ancillary meter use data.

ITR524-1003,

ITR524-1001, at 9:5-22. Thus, power consumption information is broadly recited to

include at least any of the measurements found in blocks 412-424, including at least

any data regarding kilowatt-hour usage or the time periods or other information

associated with such usage.

137. The patentees clearly understood the term “power consumption

information” to mean the same thing as “power consumption data,” which comports

with the understanding of a POSITA since in this context “information” is a

synonym for “data.” ITR524-1001, 8:66-9:2 (“thereby converting power

consumption information into IP-based data”) with 10:54-55 (“converting the

power consumption information into IP-based power consumption information”)

(emphasis added); see also ITR524-1011 (“data: factual information (as

measurements or statistics) used as a basis for reasoning, discussion, or

calculation”).

138. Accordingly, Suh discloses calculating power consumption

information, e.g., kilowatt-hour usage data, in a processor based on measured current

fluctuations on the power line.

iii. Claim 17: [17C]: converting the power consumption information

into IP-based power consumption information in the processor

139. Suh discloses or renders obvious converting the power consumption

information into IP-based power consumption information in the processor. For

example:

ITR524-1003,

ITR524-1006, Fig. 2.

ITR524-1003,

ITR524-1006, Fig. 4.

In the system shown in FIG. 4, the electronic power meter 10 is the

client/sender 94 of the data records including the kilowatt hour

usage rate, the time stamp, and the temperature. The data records

are sent as an e-mail 98 using standard international computer

network protocols. The e-mail conforms to SMTP (Simple Mail

Transfer Protocol). The second transmission protocol layer 100 adds

the TCP (Transmission Control Protocol) header including

formatted data identifying the e-mailer and host, here the electronic

power meter 10 acting as the client/sender and the service provider

as host 96.

ITR524-1003,

ITR524-1006, ¶ 35 (emphasis added); see also Fig. 2.

140. The passages above indicate that microprocessor 36 converts the power

consumption information (for example, the kilowatt hour usage) it receives from

meter chip 42 into IP-based power consumption information by adding the IP

(Internet Protocol) header to the data itself.

141. Indeed, Suh describes that the encapsulation of the power consumption

information occurs at the network layer (the subsequent layer to the TCP/IP layer),

when Internet Protocol headers are attached to the data:

In the subsequent layer, the IP (Internet Protocol) is added to

comprise the IP datagram 102 including the IP header, the TCP

header and the data. Finally, the PPP (Point to Point Protocol)

format 104 packages the message in the 1498 byte frame for

transmission by the telephone modem 64.

ITR524-1006, ¶ 36 (emphasis added); see also Fig. 2.

142. “IP-based power consumption” information is discussed in the ’524

Patent specification in reference to Figs. 6 and 7.

ITR524-1003,

ITR524-1001, Fig. 6.

143. The patentees describe Fig. 6 as “a block diagram showing a standard

Internet Protocol, Version 4 (‘IPv4’) packet utilized by the present invention.”

ITR524-1001, 2:32-34. The IPv4 packet contains a number of subcomponents, 380-

406, that a POSITA would recognize as comprising an Internet Protocol header.

ITR524-1001, 8:49-59.

144. The ’524 Patent specification states that by storing power consumption

data in the payload data block 408, power consumption information is converted into

IP-based data. ITR524-1001, 8:66-9:2 (“The power meter module 364 of the

ITR524-1003,

software modules 350 of Fig. 5 stores power consumption information in the

payload data block 408, thereby converting power consumption information

into IP-based data”) (emphasis added).

ITR524-1001, Fig. 7.

145. The patentees further describe Figure 7 as “a block diagram showing

the data portion of a sample IP packet 410 according to the present invention for

transmitting power consumption data. The power consumption data measured by

the present invention is stored in a plurality of data blocks 412-424.” ITR524-1001,

at 9:3-7.

146. Each of the data blocks 412-424 are stored as part of the payload data

block 408 along with an IP header to create an “encapsulated, IP-based power

consumption data packet 426 which may be transmitted across any IP-based

network.” ITR524-1001, at 9:18-22.

ITR524-1003,

147. The ’524 Patent specification also uses the term “IP-encapsulated

power consumption data.” The ’524 Patent patentees appear to use the term “IP-

based,” “encapsulated as IP data,” and “in IP format” to mean the same thing. See,

e.g., ITR524-1001, at 8:59-61 (“thereby encapsulating the data in an IP format”),

9:18-22 (“resulting in an encapsulated, IP-based power consumption data packet”),

Fig. 7 (“Encapsulated as IP Data”) (emphasis added). When the specification

explains that the payload data is “IP-based,” “encapsulated” as IP-based power

consumption information, or stored in IP format, a POSITA would have understood

this to mean that the data is stored as part of the payload data of an Internet Protocol

packet, as described in connection with Figs. 6 and 7.

148. During the prosecution of the ’524 Patent, the patentee argued that the

transmission of power quality data in Delsing did not meet the limitations of the

claims because it “is encapsulated in HTML pages and Java applets, which imply

the use of HTTP protocol at the TCP/IP application layer, and is accessed via an

external web browser (as opposed to direct encapsulation in IP packets at the

network layer which can be transmitted autonomously to a remote location without

a browser).” ITR524-1002, p. 216. Storing information in a payload data block of

an Internet Protocol packet is direct encapsulation in IP packets at the network layer.

149. The patent owner’s principal argument appeared to be that Delsing

required a web browser to access and request data from the power meter itself, and

ITR524-1003,

that such a browser-implemented access to power measurement information

required external prompting, rather than autonomous encapsulation and transmission

of data in IP packets. The patentees could not have been arguing that transmitting

the data within an application layer on top of the IP layer would not be “IP-based”

because any data transmitted using TCP/IP is sent with an IP header and therefore

would be stored in a payload data block, which the patentees expressly defined as a

test for what constitutes “IP-based” data. ITR524-1001, 8:66-9:2.

150. The patentees’ use of “IP” in the term “IP-based” refers to the Internet

Protocol. ITR524-1001, 1:61 (“Internet Protocol (IP)”). Fig. 6 identifies a block

diagram showing a standard IPv4 packet “utilized by the present invention.” The

IPv4 protocol suite defines a datagram containing (1) an IP header used to transmit

the datagram toward its destination and (2) a payload data block. ITR524-1001, Fig.

6; see also ITR524-1009, pp. 11, 13. The payload data block is identified as block

408 in Figure 6. All other fields of the IPv4 packet comprise what a POSITA would

recognize and describe as an “IP header.” See ITR524-1009, pp. 11-22.

151. Accordingly, Suh discloses converting the power consumption

information to IP-based power consumption information by storing it as payload

data in IP packets.

ITR524-1003,

iv. Claim 17: [17D]: transmitting the IP-based power consumption

information from the processor to a destination autonomously in IP

format over an external power line network

152. Suh discloses or renders obvious transmitting the IP-based power

consumption information from the processor to a destination autonomously in IP

format over an external power line network. For example, Suh states:

The internet ready electronic power meter of this invention

incorporates a communication component that enables the

electronic meter to communicate in a dedicated local area network

(LAN) or wide area network (WAN) including a public or private

network, such as the internet also called the world wide international

computer network. The invented electronic power meter includes

the communication components necessary to communicate by

telephone line, power line or wireless communication systems to

periodically transfer collected data to a remote site.

ITR524-1006, ¶ 8 (emphasis added). Suh also states:

The microprocessor 36 is operably connected to a modem 64

which is preferably, but not required to be, mounted within the

housing 16. In the circuit 34 of FIG. 2, the modem 64 is contained

within the housing 16 and connected via ports 66 to the

microprocessor input 67 and output 68. The modem 64 is either

line connected to the international computer network 70 via

communication lines 72, power line 73 using developed data

transmission overlay technologies or, using a transceiver 74 via

airway transmissions through an antenna 76, as also shown in FIG.

ITR524-1003,

1. The electronic power meter is able to connect directly to any

ISP of any web site.


In the customary system, multiple meters of the type shown in

FIG. 7 communicate with a remote host 176 typically through a

dial up modem pool 178 through one or more of the multiple

communication pathways 72, 73 or 76 shown with reference to

FIG. 1.


ITR524-1006, Fig. 4.

ITR524-1003,

ITR524-1006, Fig. 5.

153. Suh transmits power consumption data (for example, kilowatt hour

usage) automatically every hour to the remote destination by, inter alia, attaching

Internet Protocol headers to the power consumption data to form IP-based power

consumption data that can be emailed over the Internet using a TCP/IP connection.

ITR524-1006, Figs. 4 and 5. That is, these transmissions occur without external

ITR524-1003,

prompting because they simply rely on an internal real-time clock chip 54. Suh

discloses:

At decision diamond 126 the counter is checked to determine if one

hour has expired. If no, the data collection routine is repeated the

following minute. If yes, the collected data is prepared for

messaging to the data collection center, that is the host ISP 96.

ITR524-1006, ¶ 42 (emphasis added); see also id. ¶¶ 40-42.

154. Suh teaches that power measurement information is transmitted in

email format every hour over a TCP/IP connection by attaching IP headers to the

power measurement data—for example, kilowatt-hour usage. ITR524-1006, Figs.

4, 5. Accordingly, this power measurement information is IP-based power

measurement information because it is stored in a payload data block of an IP packet.

The data is further transmitted over the internet, or what Suh terms the “world wide

international computer network,” which a POSITA would have understood is an IP-

based network.

155. Furthermore, that IP datagram may optionally be sent over power line

communication systems to the data collection center, which would have, at least in

some cases, involved transmission over a power line network external to the building

where the power meter is located. ITR524-1006, ¶¶ 30, 51. Suh teaches that

communications may occur with the remote host via power line communications and

ITR524-1003,

that any of the suggested physical network types could be used to transmit data.

ITR524-1006, ¶¶ 30, 51.

156. In the email messaging system disclosed in Figure 4 of Suh, the lowest

layer discloses an embodiment that uses a telephone modem. However, a POSITA

would have understood that the patentees intended that any of the suggested physical

layer communication networks, including a power line communications modem,

could be substituted into Figure 4 without altering any other steps of that Figure.

That is, the system would still communicate power measurement data over a TCP/IP

connection, but that connection would be carried over a power line rather than a

phone line.

157. Accordingly, Suh discloses transmitting the IP-based power

consumption information from the processor to a destination autonomously (i.e.,

without external prompting) in IP format over an external power line network.

v. Claim 18: [18A]: The method of claim 17, further comprising:

receiving the IP-based power consumption information at the

destination; and calculating a utility bill using the IP-based power


158. I incorporate by reference my discussion of claim 17 above.

159. Suh discloses or renders obvious receiving the IP-based power

consumption information at the destination, and calculating a utility bill using the

IP-based power consumption information. For example, Suh discloses that the

power consumption data (for example, the kilowatt hour usage) is transmitted to a

ITR524-1003,

remote site, which includes an accounting center for the purpose of generating user

billings for power usage. Suh discloses:

In the invented internet ready electronic meter an automated meter

reading module is coupled with a communications module to read,

record and transmit data to a remote site. The preferred

embodiment of the communications module comprises a telephone

modem that connects to a switched telephone network for

transmitting collected data to the service provider at a remote site.

The remote site is typically the service and accounting center of

the company providing or brokering the electrical power. In this

manner the service and accounting center or service provider

can monitor power usage according to time and date of usage, and

generate user profiles and user billings for power usage and

respond to any events detected in the power network.


The service provider may be the system provider that provides the

hardware systems that include the internet ready electronic utility

meter, the provider of one or more of the utilities or commodities

being metered, or an intermediary such as a broker, billing

service, or information marketeer.


Referring to FIG. 6, the energy meter 10 is provided in an intra/inter-

net communication system 148 that allows for flexibility in the

design of business models for generating revenue through use of the

ITR524-1003,

invented meter. The internet connected energy meter 10 in the

system of FIG. 6 functions as a hub for data transfer to and from

clients of the energy meter 10 including the site water service 150,

the site gas service 152 and site operations automation 154. Using

the internet communication system 156 the internet ready power

meter communicates with the primary service provider 159, here the

energy service provider (ESP), an entity with primary control over

operation of the energy meter network. The energy service

provider 158 in turn communicates through the internet

communication system to clients of the energy meter service

provider 158 which may be separate or independent entities,

and are, for example, utility providers 160, customer information

providers 162, automatic meter reading vendors 164 and/or billing

services 166. One or more of these entities are considered energy

meter service provider clients.


For purposes of illustration, a typical pathway includes a

particular utility 188, the customers of the utility 190, a billing

service 192 for the utility and its customers, automatic meter

reading services or vendors 194 of the energy meters for the utility,

and an energy related service provider 196 which can range from the

supplier of the energy related medium, such as gas, water,

electricity, commodities, back to the host 176 operating the energy

meter hubs.

ITR524-1006, ¶ 54 (emphasis added); see also “Billing” in Figs. 6, 7.

ITR524-1003,

160. The passages above indicate that the power meter system of Suh

contemplates transmitting the recorded power consumption data in IP format to a

remote site—for example, a billing service for the utility or a service and accounting

center—and then generating “user billings for power usage” based on that power

consumption data.

161. A POSITA would have understood that the aforementioned billing

service would calculate a utility bill using the IP-based power consumption

information. Specifically, a POSITA would have understood that the remote site

would generate a bill based on a rate structure and a number of kilowatt hours used.

For example, Suh discloses: “The remote site is typically the service and

accounting center of the company providing or brokering the electrical power.

In this manner the service and accounting center or service provider can

monitor power usage according to time and date of usage, and generate user

profiles and user billings for power usage and respond to any events detected in

the power network.” ITR524-1006, ¶ 11 (emphasis added); see also id., ¶ 9 (“In a

preferred embodiment, the remote site is the information service provider in control

of the electronic power meters, where customer and client billings relating to meter

data are prepared.”) (emphasis added).

ITR524-1003,

vi. Claim 19: [19A]: The method of claim 17, further comprising

transmitting the IP-based power consumption information over an

IP-based network


163. Suh discloses or renders obvious transmitting the IP-based power

consumption information over an IP-based network. A POSITA would have

understood that an IP-based network, such as the Internet, would include a packet

switched network that transmits IP packets. For example, Suh states:

An internet ready electronic power meter with automatic

reporting capabilities, the electronic power meter recording

electrical power usage and other utility usage, and periodically

transmitting utility usage reports to a remote site using internet

and conventional protocols of the public or private computer

network, with selective access of customer data by customers and

others for determining usage and accounting matters, with added

capabilities of site automation, site security and appliance controls

providing new business models for revenue generation.

ITR524-1006, Abstract (emphasis added).



electronic meter to communicate in a dedicated local area

network (LAN) or wide area network (WAN) including a public

or private network, such as the internet also called the world

wide international computer network. The invented electronic

power meter includes the communication components necessary to

ITR524-1003,

communicate by telephone line, power line or wireless

communication systems to periodically transfer collected data to

a remote site.


In the system shown in FIG. 4, the electronic power meter 10 is the

client/sender 94 of the data records including the kilowatt hour

usage rate, the time stamp, and the temperature. The data records

are sent as an e-mail 98 using standard international computer

network protocols. The e-mail conforms to SMTP (Simple Mail

Transfer Protocol). The second transmission protocol layer 100 adds

the TCP (Transmission Control Protocol) header including

formatted data identifying the e-mailer and host, here the electronic

power meter 10 acting as the client/sender and the service provider

as host 96.

In the subsequent layer, the IP (Internet Protocol) is added to

comprise the IP datagram 102 including the IP header, the TCP

header and the data. Finally, the PPP (Point to Point Protocol)

format 104 packages the message in the 1498 byte frame for

transmission by the telephone modem 64.

ITR524-1006, ¶¶ 35-36 (emphasis added).

Referring to FIG. 6, the energy meter 10 is provided in an

intra/inter-net communication system 148 that allows for

flexibility in the design of business models for generating revenue

through use of the invented meter. The internet connected energy

ITR524-1003,

meter 10 in the system of FIG. 6 functions as a hub for data

transfer to and from clients of the energy meter 10 including the

site water service 150, the site gas service 152 and site operations

automation 154. Using the internet communication system 156

the internet ready power meter communicates with the primary

service provider 159, here the energy service provider (ESP), an

entity with primary control over operation of the energy meter

network. The energy service provider 158 in turn communicates

through the internet communication system to clients of the energy

meter service provider 158 which may be separate or independent

entities, and are, for example, utility providers 160, customer

information providers 162, automatic meter reading vendors 164

and/or billing services 166. One or more of these entities are

considered energy meter service provider clients.


Preferably, the information exchange 182 and the manager of the

energy meter technology 176 communicate through the internet

cloud 186 for convenience and minimization of resources and

expense for what are essentially data exchanges. The information

exchange 182 communicates with its clients 184 by a multimedium

communication pathway 187, which includes web site broadcasts

and restricted access internet pathways including e-mail, restricted

web site page displays, telephone, mail and any other conventional

or custom medium.


ITR524-1003,

ITR524-1006, Fig. 7 (red annotations added).

164. A POSITA would have understood that this transmission of kilowatt

hour usage data to an IP or email address over the Internet using standard network

protocols (e.g., TCP/IP) constitutes a transmission of IP-based power consumption

data over an IP-based network. Accordingly, the passages above indicate that the

IP-based power consumption data is transmitted over the Internet, which a POSITA

would have understood is an IP-based network.

vii. Claim 20: [20A]: The method of claim 17, further comprising

wirelessly transmitting the IP-based power consumption

information from the processor to the destination.


180 10

174

178

192

178

186

8

176

8

182

8

ITR524-1003,

166. I understand that this claim is dependent on claim 17 and therefore

requires both that the elements of claim 17, which requires transmission of IP-based

power consumption information over an external power line network, and the

elements of claim 20, which requires wireless transmission of the IP-based power

consumption, be performed. This may be accomplished by sending the information

to the same destination over separate networks, or by sending different sets of IP-

based power consumption information by, alternatingly, power line network or

wireless transmission. I understand that this claim element could also be met by

sending the information to a destination using both types of networks as different

legs of the transmission (for example, sending the information to an intermediate

destination using a power line network, and sending the same information from the

intermediate destination to a further destination wirelessly).

167. Suh discloses or renders obvious wirelessly transmitting the IP-based

power consumption information from the processor to the destination. For example:



electronic meter to communicate in a dedicated local area network

(LAN) or wide area network (WAN) including a public or private

network, such as the internet also called the world wide international

computer network. The invented electronic power meter includes

the communication components necessary to communicate by

ITR524-1003,

telephone line, power line or wireless communication systems to

periodically transfer collected data to a remote site.


It is to be understood that the communication module may include

a radio frequency transceiver for wireless communication of

collected data to a wireless service provider for routing to the

data collection center, here the service provider.


The microprocessor 36 is operably connected to a modem 64 which

is preferably, but not required to be, mounted within the housing 16.

In the circuit 34 of FIG. 2, the modem 64 is contained within the

housing 16 and connected via ports 66 to the microprocessor input

67 and output 68. The modem 64 is either line connected to the

international computer network 70 via communication lines 72,

power line 73 using developed data transmission overlay

technologies or, using a transceiver 74 via airway transmissions

through an antenna 76, as also shown in FIG. 1. The electronic

power meter is able to connect directly to any ISP of any web site.


It is to be understood that the system disclosed may be modified

without departing from the spirit of the invention as disclosed in the

written description of the preferred embodiment. As noted, in areas

where use of telephone lines are impractical or unavailable, the

data transmission may be performed by wireless

ITR524-1003,

communication systems. Other modifications may be made to

adapt the system to the particular needs of a service provider or

customer. For example, the host ISP 96 in FIG. 4 may have a host

web site 136 as shown in FIG. 2. The host web site 136 has a

customer or client access using a browser and access authorization

code. The web site posts the saved data with restricted access limited

to the particular client or customer whose information is to be

viewed. Additionally, the data collected by the host can be analyzed

and manipulated for graphic presentations to enhance the appeal to

the customer viewer.


ITR524-1003,

ITR524-1006, Fig. 1.

168. The passages above indicate that the Suh Internet-enabled power meter

may communicate the IP-based power consumption information via a variety of

communications media, including via wireless transmission. For example, the

illustration of Fig. 1 demonstrates that the Suh meter can include both power line

communication 73 and wireless communication 76. A POSITA would have

understood that redundant communications technologies allow enhanced

communication reliability. For example, in the event of a wireless transceiver or

network failure or in the event of a power line transceiver or power line failure, the

energy meter of Suh could still communicate with the data server to, for example,

communicate the failure. Alternatively, the utility meter could selectively choose

which network to use based on current network reliability or other factors.

169. Furthermore, a POSITA would have understood that it would have been

obvious to use wireless communication at other stages in the routing from the

electric power meter’s processor to the destination, including IEEE 802.11 wireless

routers used at the utility service providers’ locations or microwave transmissions

connecting a remote network of utility meters to the utility service provider.

Accordingly, Suh discloses wirelessly transmitting the IP-based power consumption


ITR524-1003,

viii. Claim 21: [21A]: The method of claim 17, further comprising:

generating a control signal in the processor in response to the power

consumption information


171. Suh discloses or renders obvious generating a control signal in the

processor in response to the power consumption information. For example:

ITR524-1006, Fig. 2.

The modern energy environment, with competition in providing

electric power to commercial and residential customers requires a

competitive price and superior service. Service and pricing

advantages may result in selection of one provider over another. In

ITR524-1003,

industrial countries, the cost of electrical power may vary according

to the amount of usage, the time of day, or day of the week of usage.

Off-peak hours may cost a client or customer less than usage during

peak hours. Similarly, use of electrical power during a weekend may

cost a large electrical power user substantially less than during the

week. Additionally, the ability to track power usage in real time

is advantageous to both the service provider and the customer

or client and enables site automation, site security and appliance

controls.


Referring to FIG. 7, the basic system of FIG. 6 is expanded and

further defined. As noted in reference to FIG. 2, the energy meter

10, being equipped with automatic meter reading boards 64 which

can receive and interpret signals from other meter devices, for

example, an electronic water meter 168 for the water service 150 of

FIG. 6, or an electronic gas meter 170 for the gas service 152 of FIG.

6. Other input and output signals are transmitted through port

66 to operate and monitor other electronic system controllers

such as a site security controller 172 or appliance controller 174.

This permits control of or response to site security situations or

control and operation of site appliances like air conditioners,

heaters, lights and other appliance systems that are clients of the

power meter 10.


ITR524-1003,

Claim 3. The utility management system of claim 2 wherein the

energy meter connects to controllers of systems at the site

provided with the energy meter with the management system

further comprises controlling the systems at the site via the

computer network communication system.

ITR524-1006, claim 3 (emphasis added).

Claim 10. The method of claim 5 wherein the utility meter has

means for remotely controlling appliances at the site of the

electronic utility meter in response to costs for the utility being

provided.


172. The passages above indicate that Suh teaches that port 66 in the energy

meter in Fig. 2, which is connected to microprocessor 36 via transmit and receive

lines and is used to communicate information to and from that microprocessor, is

used to transmit input and output signals to control site security controller 172 and

appliance controller 174, as shown in Figs. 2 and 7. ITR524-1006, ¶ 50. A POSITA

would therefore understand that the “output signals” described above for controlling

the site security controller and appliance controller would be generated by

microprocessor 36 and sent through port 66.

ITR524-1003,

173. Accordingly, Suh teaches appliances connected to the utility meter are

controlled by site security controllers or appliance controllers by sending control

signals in response to real-time monitoring of power consumption information.

ix. Claim 21: [21B]: transmitting the control signal to an appliance;

and controlling the appliance with the control signal.

174. Suh discloses or renders obvious transmitting the control signal to an

appliance and controlling the appliance with the control signal. For example, Suh

states:













controls.




ITR524-1003,











power meter 10.




provided with the energy meter with the management system further

comprises controlling the systems at the site via the computer

network communication system.





provided.


ITR524-1003,

175. The passages above indicate that the appliances that are clients of the

power meter are controlled by control signals using the network communication

system in response to monitored real-time power usage data for those appliances—

for example, lights, air conditioning, or site security systems may be controlled using

control signals.

x. Claim 22: [22A]: The method of claim 21, wherein the step of

controlling the appliance comprises turning the appliance off in

response to increased power consumption.


177. Suh discloses or renders obvious turning the appliance off in response

to increased power consumption as part of the step of controlling the appliance. For

example, Suh states:












ITR524-1003,


controls.














power meter 10.




provided with the energy meter with the management system further

comprises controlling the systems at the site via the computer

network communication system.


ITR524-1003,




provided.


178. The passages above indicate that the utility meter of Suh was able to

remotely control appliances, including appliances like air conditioning systems and

lighting, in response to monitoring power usage. Because the primary (if not only)

available controls for lighting are to turn the lights on or off, I believe that it would

have been obvious to use the appliance controllers taught by Suh to turn off lighting

and other appliances connected to the utility meter in response to monitoring power

usage information. For example, detecting increased power consumption of lighting

late at night would enable the system to turn off the lighting using the utility meter

and appliance controller of Suh. A POSITA would also have known that the utility

company would want to reduce power consumption during periods of peak or

increased power consumption, and that this could be accomplished by disabling

appliances known to use a high amount of power using the appliance controllers

described by Suh.

ITR524-1003,

B. Count 2: Suh in view of Bartone

i. Motivation to combine Suh with Bartone

179. Suh and Bartone both describe systems for measuring energy usage and

reporting that measurement data back to a remote site, including the utility service

provider. ITR524-1006, Abstract, ¶ 9; ITR524-1007, Abstract, 2:31-36. Suh

discloses an Internet-ready energy meter, and Bartone discloses a utility

management system that connects to energy meters through the Internet. ITR524-

1006, Abstract, Figs. 1-2; ITR524-1007, Abstract, 4:66-5:7, Fig. 1. A POSITA

would have been motivated to combine Suh’s system with Bartone’s system to add

the billing capabilities taught in Suh because the reason most utility companies

monitor customer-specific power consumption data is to determine and calculate the

amount of power their customers are using so that they can bill them. A POSITA

would also have been motivated to use the Internet-ready energy meter taught by

Suh in the overall utility management architecture of Bartone because Suh teaches a

power measurement device and a transceiver enclosed in one housing and could

therefore form a simple substitute for the two separate devices, the power

measurement device 50 and the facility transceiver 36, taught in Bartone.

180. A POSITA would have had an expectation of success when combining

the systems of Suh and Bartone because they are both solving the problem of

communicating power consumption data to a remote destination, and they do so in

ITR524-1003,

similar ways. Bartone was already configured to use a transceiver and a power meter

together to achieve these results, and the combination of these elements in a single

housing, as taught by Suh, would achieve a similar result.

181. Bartone discloses the transmission of data over a packet-based network.

ITR524-1007, 3:7-12 (“At least one embodiment of the invention uses a 2-way

wireless system in combination with Internet communications to packetize and

transmit data from an end user's point source to and from a Centralized Data Center

. . . .”); 5:40-45 (“The communication 34 between the facility transceiver unit 36 and

the device controllers 30 and power measurement devices 50 can be by any form,

including wireless communications, infrared signal, ultrasonic transmitters, power

carrier signals, wire connections, or any packet switching networks such as Ethernet

or Firewire.”). Given the explicit suggestion of a packet-based network and the

Internet, a POSITA would have been motivated to send the energy measurement

data of Bartone with IP headers, as used in Suh, to maximize the compatibility with

a variety of different networks, including the Internet. Furthermore, a POSITA

would have been motivated to combine the disclosure of Bartone with the IP-based

communication taught in Suh to transmit energy usage data over the Internet, in

order to provide valuable real-time energy use to the end user and to energy service

providers, as Bartone indicates that is a goal of its system. ITR524-1007, 6:10–8:14

(“The real-time energy use data collected from each end user facility 26 is received

ITR524-1003,

through packetized data . . . . The Internet is also used to provide valuable real-time

energy use and cost information back to the end user or for service provider

technicians that provide energy monitoring and management services.”).

182. A power meter and transceiver are present in both Bartone and Suh, and

it would have been an obvious substitution for a utility company to use the power

meter and transceivers described by Suh in Bartone’s system. ITR524-1006, Fig. 1;

ITR524-1007, Fig. 1. Power meters in both systems have transceivers and permit

the transmission of power measurement information over the Internet. ITR524-

1006, Abstract, ¶ 30, Fig. 1; ITR524-1007, Figs. 1-2, 3:7-12; 6:10-8:14. Adding the

power meter of Suh would allow the Bartone system to access different types of

communication networks, which a POSITA would have understood would enhance

communications reliability through redundancy. Furthermore, it would have been

advantageous to locate the transceiver and the meter itself as part of the same

housing, as described in Suh, to reduce the number of parts needed for meter

installation and reduce the amount of time required to deploy a new meter network.

A POSITA would have expected that a system like Bartone’s system, including the

power meters described by Suh, would allow the same type of communications as

Bartone, over a greater number of network types.

183. Accordingly, a POSITA would have expected success in combining the

teachings of these two references because they use similar communications

ITR524-1003,

techniques to transmit power measurement information over other networks,

including the Internet, and a POSITA would have known that different

communications networks and protocols can be substituted to transmit the same

information.

184. In addition, Suh provides for data transmission redundancy not found

in the Bartone system. Suh teaches using up to three different types of

communications transceivers on a single energy meter, including wireless and power

line transceivers, and would have provided a POSITA with a reasonable expectation

of success in implementing such a system given such an explicit suggestion by Suh.

ITR524-1006, ¶ 30, Fig. 1.

185. A POSITA would have understood that the Suh system provided for

redundancy so that the energy meter could still communicate with the data server to,

for example, communicate any failure. Accordingly, a POSITA would have been

motivated to combine the power line network transceiver on the energy meter taught

in Suh with Bartone’s energy meter and system, notwithstanding the fact that

Bartone also teaches a wireless transceiver for communicating data back to the

centralized server over the Internet, because redundant communications

technologies allow enhanced communication reliability (for example, in the event of

a communications failure on one of the networks).

ITR524-1003,

186. Irrespective of a failure, a power line was and is the most feasible

communications network in many areas, whereas in other areas wireless was and is

also a preferred means. See ITR524-1017, p. 1 (“The integration of Power Line

Communication (PLC) is of interest to future broadband communication systems.

These communications systems will be mostly wireless but the use of non-dedicated

wired infrastructure will help to reduce costs. . . . So it is possible to enlarge the

capacity of communication systems without additional wiring and additional costs

for this wiring—for outdoor applications, for example to bridge the last mile, as well

as indoor, for example to establish or enlarge LANs without new data cables.”). For

example, in remote or rural areas, wireless service may not be available and it may

be prohibitively expensive to lay down wire for a parallel communications network,

and may not be sufficiently economical when the power line network already exists.

Id. An electric utility company may also not have control over the integrity and

reliability of the wireless network, whereas the company can control the power lines,

and it would have been desirable for a utility company implementing a power meter

network to be able to control and repair the networks on which its data is

communicated. See id.

187. Accordingly, a POSITA would have been motivated to combine Suh

with Bartone and would have expected that such combination would result in an

internet-ready power metering system capable of communicating IP-based power

ITR524-1003,

measurement data over the Internet using multiple communication networks,

including power line and wireless communications.

ii. Claim 17: [17 Pre] A method of measuring power consumption


188. Suh discloses or renders obvious this limitation. This section

incorporates the corresponding Suh disclosure for this limitation as described above

in count 1.

189. To the extent the preamble is limiting, Bartone also discloses or renders

obvious a method of measuring power consumption information on a power line.

For example, Bartone states:

One embodiment of the invention includes a system for monitoring

and controlling power usage among a plurality of facilities, with a

device controller coupled to at least one power consuming device at

each facility, the device controller to control the at least one power

consuming device. It also includes a power measurement device

within each facility, to measure power consumption by power

consuming devices within the facility; a communications

network, in communication with the device controllers and the

power measurement devices; and a central location, in

communication with the communications network, to remotely

monitor power usage at each facility as measured by the power

measurement device. The central location communicates with the

device controllers over the communications network in order to

ITR524-1003,

individually control the at least one power consuming device at each

facility.


The device controllers 30 communicate 34 with a facility transceiver

unit 36. The facility transceiver unit 36 serves as a central control

and/or forwarding unit to provide a single point within the facility

26. The facility transceiver unit 36 also receives information from

a power measurement device 50, which monitors power

consumption within the facility 26 at a source such as the main

power feed 31. More than one power measurement devices 50 may

be used within a facility 26, to measure power consumption at

different points. Further, a plurality of facility transceiver units 36

can work to control and monitor different areas or devices within the

facility 26. The communication 34 between the facility transceiver

unit 36 and the device controllers 30 and power measurement

devices 50 can be by any form, including wireless communications,

infrared signal, ultrasonic transmitters, power carrier signals, wire

connections, or any packet switching networks such as Ethernet or

Firewire.


Within the facility 26 are one or more power consumption devices

28. Typical examples are electrical devices such as refrigeration

devices, HVAC systems, heating units, motor-driven systems, and

any other high-load devices. Such devices 28 may alternatively be

power producing devices such as generators, batteries, solar or fuel

ITR524-1003,

cells. According to the present invention, one or more power

consumption device 28 is connected 32 to a device controller 30,

wherein the device controller 30 can control the power consumption

device 28. The device controller 30 can also monitor whether the

power consumption devices 28 is drawing power, or even

measure much more detailed information, for example the

amount of power consumed, and the state of the power

consumption device 28. Typically the power cord of the power

consumption device 28 is simply plugged into a power outlet on

the device controller 30, although other connections and

controls are possible.


FIG. 10 is a diagram of a current transducer interface 50 to a facility

RF module 36 in accordance with the illustrative embodiment. FIG.

11 provides details about measuring current for varying electric

phases within end user facilities 26. These include single-phase 120

volt FIG. 11A, 240 volt FIG. 11B two wire connections and multi-

phase 240/480 volt 3 and 4-wire connections, FIG. 11C. The current

transducer interface 50 acts as the conversion device for energy data

collected via current transducers 49 and sent through the facility RF

module 36. The current transducer 49 measurement is converted to

pulse output by the current transducer interface 50. The transducer

measures true power consumption (kilowatt-hours). The

transducer's electronics are mounted inside the same housing as an

instrument grade CT to provide true power readings on 3-phase

loads. The transducers preferably maintain an accuracy range of

ITR524-1003,

+/−1% from 10% to 100% of input range. The voltage-input range

shall be field selectable from 208-480 VAC. The Transducer's

power range are capable of monitoring loads of up to 1,150 kW. An

example transducer 49 is the Model WL40R transducer from Ohio

Semitronics Inc.

ITR524-1007, 11:61-12:14 (emphasis added).

190. The passages above indicate that the device controllers 30 and the

power measurement devices 50 in Bartone both measure the power usage at either

the power line connected to the appliances themselves or at the main power line for

the facility.

iii. Claim 17: [17A] measuring current fluctuations in the power line

and

[17B] calculating power consumption information from the current




in count 1.

192. Bartone discloses or renders obvious measuring current fluctuations in

the power line and calculating power consumption information from the current

fluctuations in a processor. Specifically, Bartone measures current for varying

electric phases (e.g., waveforms or fluctuations) so as to measure true power

consumption (kilowatt-hours), as known in the prior art as I describe above in Part

THE ’524 PATENTIV.A. Specifically, Bartone recites:

ITR524-1003,




phases within end user facilities 26. These include single-phase

120 volt FIG. 11A, 240 volt FIG. 11B two wire connections and

multi-phase 240/480 volt 3 and 4-wire connections, FIG. 11C. The

current transducer interface 50 acts as the conversion device for

energy data collected via current transducers 49 and sent through the

facility RF module 36. The current transducer 49 measurement is

converted to pulse output by the current transducer interface 50. The

transducer measures true power consumption (kilowatt-hours).

The transducer's electronics are mounted inside the same

housing as an instrument grade CT to provide true power

readings on 3-phase loads. The transducers preferably maintain

an accuracy range of +/−1% from 10% to 100% of input range.

The voltage-input range shall be field selectable from 208-480

VAC. The Transducer's power range are capable of monitoring

loads of up to 1,150 kW. An example transducer 49 is the Model

WL40R transducer from Ohio Semitronics Inc.


Within the facility 26 are one or more power consumption

devices 28. Typical examples are electrical devices such as

refrigeration devices, HVAC systems, heating units, motor-

driven systems, and any other high-load devices. Such devices 28

may alternatively be power producing devices such as generators,

batteries, solar or fuel cells. According to the present invention,

ITR524-1003,

one or more power consumption device 28 is connected 32 to a

device controller 30, wherein the device controller 30 can

control the power consumption device 28. The device controller

30 can also monitor whether the power consumption devices 28

is drawing power, or even measure much more detailed

information, for example the amount of power consumed, and

the state of the power consumption device 28. Typically the power

cord of the power consumption device 28 is simply plugged into a

power outlet on the device controller 30, although other connections

and controls are possible.


193. The passages above indicate that the power measurement devices of

Bartone, which a POSITA would understand would contain a processor for

performing power measurement calculations, measure current fluctuations to

determine the amount of kilowatt-hours of power actually used at a facility. For

example, changes in current measured over time would be reflected as measured

changes in true power consumption—higher measured current levels over time

would reflect higher power consumption and lower measured current levels over

time would reflect lower power consumption. The device controllers of Bartone also

are capable of measuring the amount of power consumed, and again, these

controllers would also contain a processor for performing this power measurement

calculation. As I described with respect to count 1, Limitation [17A], a POSITA

ITR524-1003,

would have understood that power consumption would be measured by measuring

current fluctuations on a power line.

iv. Claim 17: [17C]: converting the power consumption information




in count 1.

195. Bartone discloses sending packetized power measurement information

from the device controllers and the energy meter over the Internet, which a POSITA

would have understood would require converting that power measurement into IP-

based information in a processor by storing it as payload data in the IP packet’s data

block. Bartone also teaches transmitting packetized measurement information over

the Internet. ITR524-1007, 2:43-36; 3:7-12. Bartone also discloses Internet

communications. Id. A POSITA would have understood that the Internet Protocol

was for “use in interconnected systems of packet-switched computer communication

networks.” ITR524-1009, p. 1. Accordingly, a POSITA attempting to send

measurement data over the Internet would have known that it would need to be

packetized, and would have relied on the known IPv4 protocol, as taught in the ’524

APA and Suh, to packetize and transmit that data. Indeed, the ’524 APA admits that

a standard packet format at the time was IPv4. ITR524-1001, 2:32-34 (“FIG. 6 is a

ITR524-1003,

block diagram showing a standard Internet Protocol, Version 4 (‘IPv4’) packet

utilized by the present invention”).

196. Bartone explicitly recites 2-way wireless and Internet communications:

Embodiments of the present invention manage and optimize energy

costs of end users on a portfolio basis. In order to optimize both

energy conservation and energy purchasing benefits in a deregulated

environment, energy use profiles of individual end-users are

managed on a portfolio basis with other end users having

complimentary and offsetting load profile characteristics. At least

one embodiment of the invention uses a 2-way wireless system

in combination with Internet communications to packetize and

transmit data from an end user's point source to and from a

Centralized Data Center where sophisticated analysis can be

performed utilizing complimentary data to initiate more effective

control.


2. Real-Time Energy Use Monitoring & Management Services.

This centralized data center 22 System allows real-time energy

use information to be collected and managed at a central

location. The centralized data center 22 system has a direct

connection with the Internet or other communications network

to provide connections between other centralized data center

systems located within the field. The Internet is also used to

provide valuable real-time energy use and cost information back

to the end user or for service provider technicians that provide

ITR524-1003,

energy monitoring and management services. These technicians

(“energy analysts”) have the ability to receive facility energy use

data from multiple facilities located throughout a variety of states

and regions via a central and secured website location. Having this

information accessible through remote locations for a portfolio of

facilities allows the energy analyst to perform detailed energy

management assessments and benchmarking to determine where

potential energy waste and inefficiencies exist within the portfolio.

This allows for the maximum efficiency of dispatching labor to

identify specific problems or issues within the facilities on a

prioritized basis. The processing and display of information for end

users and technicians includes data analysis, statistical analysis and

interpolation, and prediction analysis to estimate future energy use.


197. The passages above indicate that the energy use data is transmitted over

a variety of networks, including over the Internet, and so a POSITA would have been

motivated to send the energy measurement data with IP headers to maximize the

compatibility with a variety of different networks, including the Internet. At the time

of the alleged invention, Internet communications would commonly, if not always,

rely on the use of IP packets. Bartone discloses sending packetized power

measurement information from the device controllers and the energy meter over the

Internet, which a POSITA would have understood would require converting that

power measurement into IP-based information by storing it as payload data in the IP

ITR524-1003,

packet’s data block. A POSITA would have understood that the preparation of this

IP-based information would be performed by a processor on Bartone’s power

measurement devices or device controllers.

v. Claim 17: [17D]: transmitting the IP-based power consumption





in count 1.

199. The power measurement information transmitted in Bartone can be

preset to be automatically transmitted to the central station location in periodic time

intervals, such as every 15, 30, or 60 minutes. For example:

FIGS. 4, 5, and 6 are diagrams of the components, connections and

general layout of the supervisory central data collector and network

controller 55 according to the illustrative embodiment. The

supervisory central data collector 55, housed at a central location 22,

acts as the final receiving point for all data transmitted by the RF

Facility Modules and RF Nodes 52 located at remote sites. The

supervisory central data collector and network controller is a hard-

wired interface between the base station radio transceiver and the

computer/data server runs the Central Station operations. In the

illustrative embodiment, the supervisory central data collector and

network controller includes redundancy in the form of a hot backup

unit. The supervisory central data collector and network controller

ITR524-1003,

receives radio signals transmitted from RF Facility Modules and/or

RF Nodes 52. Packetized data is received and converted to numeric

data by the supervisory central data collector and network controller

software. Digitized numeric data is received and stored in the central

station computer data server files. Each customer/end user receives

a predetermined customer account number where all energy use data

is collected and stored in an organized manner. Energy use data

can be preset to be acquired, transmitted and delivered to a

central station location in user selectable time intervals, or

standard increments such as 15 minute, 30 minute, 1 hour and

up intervals depending upon the requirements of the end user

and/or service provider. Pre-determined intervals are

programmed at the end user's location using a hand-held

programming computer or can be performed at the central location

22 by re-transmitting data interval collection instructions to the RF

Facility Module(s) 52.


200. This means that the end user’s location itself, without external

prompting from the remote station, collects and transmits the collected energy use

information at preprogrammed time intervals. Accordingly, the power measurement

information is transmitted “autonomously” by the energy power measurement

devices and device controllers taught by Bartone.

201. Bartone also discloses transmitting power consumption information

over the Internet and transmitting power consumption information over power

ITR524-1003,

carrier signals, and a POSITA would have understood that the Internet Protocol was

for “use in interconnected systems of packet-switched computer communication




APA and Suh, to packetize and transmit that data. To the extent it is argued that

Bartone does not teach transmitting information in IP format, by combining the

teachings of Bartone and Suh, a POSITA would have known that they could transmit

the IP-based power consumption information over power carrier signal to the data

communications center for management of controlled facilities and appliances. For

example, Bartone discloses:













ITR524-1003,












The device controllers 30 communicate 34 with a facility

transceiver unit 36. The facility transceiver unit 36 serves as a

central control and/or forwarding unit to provide a single point

within the facility 26. The facility transceiver unit 36 also receives

information from a power measurement device 50, which

monitors power consumption within the facility 26 at a source

such as the main power feed 31. More than one power

measurement devices 50 may be used within a facility 26, to

measure power consumption at different points. Further, a

plurality of facility transceiver units 36 can work to control and

monitor different areas or devices within the facility 26. The

communication 34 between the facility transceiver unit 36 and

the device controllers 30 and power measurement devices 50 can

be by any form, including wireless communications, infrared

signal, ultrasonic transmitters, power carrier signals, wire

ITR524-1003,


Firewire.


202. The passages above indicate that Bartone teaches a system where

device controllers and power measurement devices (both of which measure power

usage from the power line, at the facility level and at the appliance level)

communicate over the Internet, optionally using power line carrier signals to

transmit the information.

203. It would have been obvious to a POSITA to transmit the power

consumption information as IP-based data in order to make the data easy to transmit

over the Internet. Furthermore, it would have been obvious, as I describe in Part

VI.B.i, to combine the system of Bartone with the IP-based communication of Suh

over power line carrier.

204. Furthermore, the device controllers of Bartone themselves optionally

transmit power measurement data over power line carriers before that data is

transmitted to the centralized data center. Those power line networks lie between

the power meter (here, the device controller, which also serves as a power

measurement device) and the power distribution grid, and are therefore “external”

power line networks, as opposed to the internal networks used to connect and control

the appliances controlled by the device controllers.

ITR524-1003,

205. The ’524 Patent specification explains that the term “external,” in

reference to transmission over networks, refers to transmission of data signals on a

network located outside of the building where the computer 24 of the invention is

located (as opposed to an “internal” network, which lies within the building).

ITR524-1001, 5:2-5.

206. Fig. 1 of the ’524 Patent illustrates how a power meter connects to the

power supply grid. The power meter of the ’524 Patent lies on a portion of the power

line that connects to the power distribution grid. ITR524-1001, 2:57-60. The power

meter is depicted and described as being installed “in a dwelling” 65. ITR524-1001,

57-59 (emphasis added). While the power meter may be placed external to the

circuit breaker, the ’524 Patent specification makes clear that “the power meter could

be placed at any location along a power line, including within a single-family

dwelling, multi-family dwelling, commercial business or elsewhere.” ITR524-1001,

3:2-16 (emphasis added). For example, the patentees suggest placing multiple

power metering systems at various locations throughout a multi-family dwelling.

ITR524-1001, at 3:10-16.

207. Fig. 3 of the ’524 Patent illustrates the only embodiment of the

invention in which an external power line connection, 170, is used, connecting two

power meters that are described as being between two households or dwellings.

IPR524-1001, at 5:46-7:9. No illustration of the interior or exterior of the dwelling

ITR524-1003,

is depicted in Fig. 3. The power line connection 170 in the ’524 Patent uses a

standard power line network protocol (e.g., the HomePlug protocol) to allow the

transmission of IP data between the power lines 50 and 150. ITR524-1001, 6:66-

7:3. A POSITA would have understood that HomePlug transceivers (identified as

“stations” in the HomePlug specification) at the time of the invention would, like the

power meters in the preferred embodiments, be located inside a house, for example,

connected to a standard wall power outlet. See, e.g., ITR524-1001, 7:45-53;

ITR524-1010, pp. 4, 80. Portions of the power lines 50 and 150 internal to the

dwellings (between the wall power outlet and the exterior of the dwelling or

household) would be internal to the building but still comprise a portion of the

claimed “external power line network” because they would be “external” to the

power meter and power line transceiver located within the dwelling. Accordingly,

the preferred embodiment of the ’524 Patent would include portions of the power

line within the building as part of the external power line network.

208. Claim 1 of the ’524 Patent explains more clearly that power line

networks are divided into “internal” networks and “external” networks by the

existence of the claimed power meter on the power line, meaning that the location

of the power meter itself defines what parts of the power line network are “internal”

(e.g., those portions between the power meter and the appliances) and which are

“external” (e.g., those portions between the power meter and the power distribution

ITR524-1003,

grid). ITR524-1001, at 9:42-45 (“a power meter coupled with a power line for

measuring power consumption data from the power line, the power meter dividing

the power line to form an internal network and an external power line network”).

209. Accordingly, the power line networks used in Bartone are within the

scope of what the ’524 Patent discloses for external power line networks. Should

the Board find that these networks are not external power line networks, it would

have been obvious to use the same technology to transmit the power consumption

information outside of a building, for example, among multiple buildings within a

large complex. It further would have been obvious to transmit this same information

over an external power line as suggested by Suh for the reasons I detail above in Part

VI.B.i.

vi. Claim 18: [18A]: The method of claim 17, further comprising:






incorporates the corresponding Suh disclosure for this limitation as described above.

212. Bartone discloses or renders obvious receiving the IP-based power

consumption information at the destination; and calculating a utility bill using the

IP-based power consumption information. For example:

ITR524-1003,

The metering architecture that exists in the field today is geared

toward providing only enough information to accurately bill

consumers on a monthly basis for energy consumed. Because the

industry was regulated, and service provided by a monopoly, energy

use was billed based on “average” rates and prices. In the

deregulated environment, the price of competitive electricity,

generated by individual power plant owners, changes on an hourly

basis based upon changes in supply and demand.

While technology continues to advance, the focus of various

metering technologies and manufacturers continue to be more

so on the efficiency by which data is collected (for billing

purposes) and not necessarily for end-use energy management

purposes.


FIG. 1 shows a system 20 for monitoring and controlling energy

usage in a facility in accordance with the present invention. A

centralized data center 22 is able to receive information from a

plurality of facilities 26 over a communications network 24. The

centralized data center 22 may be one location, or a plurality of

separate locations which can collect and share data over various

networks, for example the Internet, a VPN (virtual private

network), wireless node connections, etc. Further, the centralized

data center 22 does not necessarily have to be in the geographic

center of the area of the facilities 26. The facility 26 can be any type

ITR524-1003,

of building or facility which uses electrical power, as will be

described in more detail below.


1. Real-Time Portfolio Load Management and Load Curtailment

Services. The centralized data center 22 collects real-time energy

use data via the network 40 (for the illustrative embodiment, a

wireless communications) infrastructure located throughout the

defined service territory. The real-time energy use data collected

from each end user facility 26 is received through packetized

data transmitted from the Facility RF (“Radio Frequency”)

Modules to the RF Nodes located throughout the service

territory and into the centralized data center's 22 data server.

Each customer data is coded with ID numbers and added to the

portfolio's 15-minute or hourly load profile curves. The data server

software tracks peak load usage on a 15-minute basis and compares

the aggregate load curves to targeted baseline curves that are defined

by pricing factors provided by the portfolio power supplier(s). The

data server software can also do real-time statistical analysis and

energy use predictions based on the previous customer data, weather

reports, and other dynamic factors. Based on real-time pricing

and/or other factors, the centralized data center's 22 system will

initiate commands that will signal power reductions at the customer

site 26 on an automated basis. The signals will be sent via the

wireless communications network 40 that includes transmission of

load management commands back via the RF Node Network 46 to

the Wireless Equipment Interface Modules (facility transceiver 36)

ITR524-1003,

and Demand-Side Management RF Modules (device controller 32).

These modules have preset controls that perform the function of

reducing voltage to equipment or panels or shutting off selected

defined equipment for set periods of time based upon the central

station control system software requirements.


3. Sub-Metering & Utility Billing Services. The system has the

ability to provide sub-metering and utility billing services to

those market segments that conduct business and relationships

where these services may provide high value. For instance, the

office building market is typically made up of multiple tenants

occupying space within a building. The building may be master

metered by the local utility company (“LDC”) and individual

tenants being billed on a per square foot basis. This process creates

significant inequities between tenants depending on the energy use

intensity, hours of operation, and equipment inventories. In a

deregulated market, the differences in energy costs among tenants

will become more profound. By installing submetering equipment

within tenant occupied spaces, a more detailed measurement of

energy use can provide better allocation of costs through direct

billing for tenant usage. In addition, tenant's ability to gain access

to real-time energy use via a secure website will encourage energy

conservation and management and the ability to identify waste and

inefficiencies not normally identified under the current metering and

billing infrastructure.

ITR524-1003,


4. Utility Bill Audit & Verification Services. The system software

includes a detailed database of regulated rate tariffs and competitive

supply pricing rate structures that are used to verify billing

components generated from the LDC's monthly utility invoices to

the end use customer. This database of rates provides customers

with an audit of their current utility charges and identification of

billing errors. Billing errors by the local distribution company can

result from the end user; (1) being on the wrong regulated utility rate

tariff, (2) billing components being miscalculated or calculated

incorrectly, (3) generation rates from competitive energy supplier(s)

being calculated and billed incorrectly, as well as numerous other

billing errors. The system software and Rate Tariff Database provide

the ability to audit a customer's utility bill via a secure website where

a customer can log in on and input key billing parameters into the

customer input section. The system software will then calculate

the customer's monthly bill to be checked and verified against

the actual LDC utility bill. Any errors or differences can be quickly

identified and corrected.


213. The passages above indicate that the system of Bartone uses the

measured power usage data to generate the customer’s monthly bill and to perform

direct billing for sub-metered tenant usage. The centralized data center, or its various

subcomponents, receives measured power consumption information from the

ITR524-1003,

facilities. ITR524-1007, 6:31-36 (“The real-time energy use data collected from

each end user facility 26 is received through packetized data transmitted from the

Facility RF (‘Radio Frequency’) Modules to the RF Nodes located throughout the

service territory and into the centralized data center's 22 data server.”).

214. The system software of the centralized data center then uses the direct

measurement of energy use to calculate the customer’s utility bill and provide direct

billing for tenant usage. ITR524-1007, 8:28-56 (“By installing submetering

equipment within tenant occupied spaces, a more detailed measurement of energy

use can provide better allocation of costs through direct billing for tenant usage. . . .

The system software will then calculate the customer's monthly bill to be checked

and verified against the actual LDC utility bill.”).

215. Accordingly, receiving the IP-based power consumption information at

the destination and calculating a utility bill using the IP-based power consumption

information is taught or made obvious by Bartone and the combination of Bartone

and Suh.



IP-based network


ITR524-1003,



in count 1.

218. Bartone also discloses transmitting packetized power consumption

information over the Internet, and a POSITA would have understood that the Internet

Protocol was for “use in interconnected systems of packet-switched computer

communication networks.” ITR524-1009, p. 1. Accordingly, a POSITA attempting

to send measurement data over the Internet would have known that it would need to

be packetized, and would have relied on the known IPv4 protocol, as taught in the

’524 APA and Suh, to packetize and transmit that data. For example, Bartone states:












control.


ITR524-1003,

























a variety of networks, including over the Internet, and so a POSITA would have

ITR524-1003,

known, and been motivated, to send the energy measurement data with IP headers

to maximize the compatibility with a variety of different networks, including the

Internet. Accordingly, a POSITA would have known and been motivated to

combine Bartone with Suh using the known IPv4 protocol to transmit IP-based data

over an IP-based network, e.g., the Internet.

viii. Claim 20: [20A]: The method of claim 17, further comprising








consumption, be performed. This may be accomplished by sending the information

to the same destination over separate networks, or by sending different sets of IP-

based power consumption information by, alternatingly, power line network or

wireless transmission. I understand that this claim element could also be met by

sending the information to a destination using both types of networks as different

legs of the transmission (for example, sending the information to an intermediate

destination using a power line network, and sending the same information from the

intermediate destination to a further destination wirelessly).

ITR524-1003,



in count 1.

223. Bartone also discloses or renders obvious wirelessly transmitting the

IP-based power consumption information from the processor to the destination. For

example, Bartone states:

An illustrative embodiment of the present invention includes a

centralized energy monitoring, equipment control, and energy

procurement system that utilizes a wireless fixed

communication network as the basis to deliver real-time energy

use information from end users to a centralized data center for

monitoring and control. One feature of this system is to manage

and optimize energy costs of end users on a portfolio basis. In order

to optimize both energy conservation and energy purchasing

benefits in a deregulated environment, energy use profiles of

individuals will need to be managed on a portfolio basis with other

end users with complimentary and offsetting load profile

characteristics. The system of the illustrative embodiment uses a

wireless narrow-band frequency to packetize and transmit data

from an end user's point source to the centralized data center.

Current monitoring modules measure energy use for main facility

loads or submetered equipment or end use loads. This information

is transmitted via a wireless fixed communication network to the

centralized data center. Systems and software within the

centralized data center gathers real-time energy use data from end

ITR524-1003,

users within a fixed range and analyzes end load profiles on a

portfolio basis. The software intelligence initiates and sends

packetized commands to field devices located at the end users

facility via the wireless fixed communication network. These

commands are received by device controllers, such as Equipment

Interface Modules (“EI Modules”) and Demand-Side Management

(“DSM”) RF Modules. The EI Modules and DSM RF Modules

receive the commands and start/stop equipment to control end use

energy load profiles. By performing this automated activity, the

portfolio managed by the centralized data center is optimized to

reduce energy consumption during costly peak times and reduces

the price of competitive energy from competitive generation

suppliers that possess fixed capacity levels. The result and benefits

of this system is to optimize the total cost of energy in a deregulated

market.












ITR524-1003,

performed utilizing complimentary data to initiate more

effective control.





26. The facility transceiver unit 36 also receives information from a

power measurement device 50, which monitors power consumption

within the facility 26 at a source such as the main power feed 31.

More than one power measurement devices 50 may be used within

a facility 26, to measure power consumption at different points.

Further, a plurality of facility transceiver units 36 can work to

control and monitor different areas or devices within the facility 26.

The communication 34 between the facility transceiver unit 36

and the device controllers 30 and power measurement devices

50 can be by any form, including wireless communications,

infrared signal, ultrasonic transmitters, power carrier signals,

wire connections, or any packet switching networks such as

Ethernet or Firewire.


224. The passages above indicate that the energy use information in Bartone

can be packetized and transmitted over a wireless network and over the Internet from

the power measurement devices or device controllers, which a POSITA would

ITR524-1003,

understand would contain a processor. A POSITA would have understood that this

data would have been sent with IP headers in order to transmit the information over

the Internet. As noted above, in combination with Suh, it is my opinion that the

combined system would have been capable of transmitting over power lines, and as

suggested by both Suh and Bartone, over a wireless channel.

225. The passages above indicate that the Bartone facilities and device

controllers may transmit the IP-based power consumption information from the

power measurement device and device controllers via power line carrier and wireless

transmission. ITR524-1007, 5:29-45; see also infra ¶¶ 201-03. A POSITA also

would have known and understood that redundant communications technologies

allow enhanced communication reliability. For example, in the event of a wireless

transceiver or network failure or in the event of a power line transceiver or power

line failure, the facility of Bartone could still communicate with the centralized data

server to, for example, communicate the failure.

226. Furthermore, a POSITA would have known that it would have been

obvious to use wireless communication at other stages in the routing from the

electric power meter’s processor to the destination, including IEEE 802.11 wireless

routers used at the utility service providers’ locations or microwave transmissions

connecting a remote network of utility meters to the utility service provider.

Accordingly, Bartone combined with Suh teaches or renders obvious wirelessly

ITR524-1003,

transmitting the IP-based power consumption information from the processor to the

destination.

ix. Claim 21: [21A]: The method of claim 17, further comprising:






in count 1.

229. Bartone discloses or renders obvious generating a control signal in the

processor in response to the power consumption information. Not only does Bartone

describe the generation and issuance of a control signal, but Bartone teaches the

cycling of air conditioners on and off. For example:

FIG. 13 is a block diagram of the two-way RF Interface 30 to a local

equipment controller, wherein control signals (not power) are

provided to the local equipment controller to allow it to control

the device 28.


The present invention provides a system to allow central

monitoring and control of a large number of energy

consumption devices on a real time basis. The system allows up

to the second information on usage and loads, and control on a

similar timescale. Through central monitoring and control, energy

ITR524-1003,

savings based on the “macro” picture are possible. For example,

simply by limiting the activation of air conditioning units at

several facilities for a few minutes can help keep a utility load

below a preferred limit. As other air conditioning units are

cycled off, the new units can be activated. The impact on the end

user is minimal and transparent. Treating homes and groups as a

portfolio allows standards and predictions to be set for the power

requirements of the portfolio, and allow buying and negotiating for

power on a beneficial level.


230. The passages above indicate that the local equipment controller 30,

which also measures power usage, receives and provides control signals to control

the connected device, e.g., an air conditioning unit, based on real-time power

consumption and load information. ITR524-1007, 12:19-22; 12:23-37.

x. Claim 21: [21B]: transmitting the control signal to an appliance;




in count 1.

232. Bartone also discloses or renders obvious transmitting the control

signal to an appliance and controlling the appliance with the control signal. For

example, Bartone states:

ITR524-1003,




the device 28.


The present invention provides a system to allow central monitoring

and control of a large number of energy consumption devices on

a real time basis. The system allows up to the second information

on usage and loads, and control on a similar timescale. Through

central monitoring and control, energy savings based on the

“macro” picture are possible. For example, simply by limiting the

activation of air conditioning units at several facilities for a few

minutes can help keep a utility load below a preferred limit. As

other air conditioning units are cycled off, the new units can be

activated. The impact on the end user is minimal and transparent.

Treating homes and groups as a portfolio allows standards and

predictions to be set for the power requirements of the portfolio, and

allow buying and negotiating for power on a beneficial level.



which also measures power usage, receives and transmits control signals to control


consumption and load information.

ITR524-1003,

xi. Claim 22: [22A]: The method of claim 21, wherein the step of






in count 1.

236. Bartone discloses or renders obvious turning the appliance off in

response to increased power consumption as part of the step of controlling the

appliance. For example, individual air conditioning devices may be turned off in

response to increased power consumption as power consumption is monitored and

the utility load approaches a preferred limit, in order to keep the utility load low:




the device 28.






similar timescale. Through central monitoring and control,

energy savings based on the “macro” picture are possible. For

ITR524-1003,

example, simply by limiting the activation of air conditioning

units at several facilities for a few minutes can help keep a utility

load below a preferred limit. As other air conditioning units are







237. The passages above indicate that the local equipment controller cycles

air conditioning units off to keep the utility load before a preferred level.

Accordingly, in response to increased power consumption, appliances are turned off

using the control signals taught by Bartone.

C. Count 3: Bartone in view of Villicana

i. Motivation to combine Bartone with Villicana

238. Villicana and Bartone both teach utility meter systems that measure

power consumption data and communicate over the Internet. A POSITA would have

been motivated to combine Villicana’s system with Bartone’s system to add the

billing capabilities taught in Bartone because the reason most utility companies

monitor power consumption data is to determine and calculate the amount of power

their customers are using so that they can bill them. Bartone teaches generating a

bill based on the received power consumption information. ITR524-1007, 8:15-57.

ITR524-1003,

239. A POSITA would have been motivated to configure the system of

Villicana to generate bills for customers in order to get bills out more quickly and to

reduce human error in the reading of energy usage information and the calculation

of utility bills. By getting the bills out more quickly, and by reducing their errors, a

utility company would get paid in full more quickly. In fact, there is little point to

storing the rate information in data center 103 other than to automatically calculate

the amount due as a result of the power consumed by the account. See ITR524-

1008, 5:6-19.

240. In addition, Villicana provides a user-based control system for energy

management. Villicana, for example, provides a user with information, such as

consumption, and based on received rate schedules, can provide a user with

information related to current costs. Based on this information, the user of Villicana

is able to reduce usage at her/his location based on real-time power consumption

information. A POSITA would have understood that such a user-driven system

would potentially have the shortcoming of relying on a user to take manual action.

241. Bartone provides an explicit motivation to combine its device controller

systems with Villicana’s metering system. Specifically, to truly control

consumption, the utility would want to have a system to remotely control such

consumption. See ITR524-1007, 5:56-6:2 (“A further feature of the present

invention is the ability to control the power consumption devices 28 remotely, such

ITR524-1003,

as from the centralized data center 22, as shown by arrow 40. This control includes

the ability to activate or deactivate a power consumption device 28, to limit the

amount of power a power consumption device 28 is receiving, or to change the state

or reprogram the power consumption device 28 as necessary. This added dimension

allows micro control over the entire system, and provides many benefits such as load

management, as will be discussed below.”), 6:18-23 (“The ability to perform these

functions on a real-time basis and through a centralized command center operations

allows the system to optimize energy costs through load diversification and a variety

of load management services that benefit all portfolio members.”). Likewise, the

user may also want the ability to provide remote control or automatic control on a

real-time basis to take advantage of an incentivized price plan. ITR524-1007; 6:59-

7:3.

242. A POSITA would have been motivated to combine Villicana’s system

with Bartone’s system to add the device controllers taught in Bartone in order to

provide load management services, as suggested by Bartone, to allow control by the

utility and/or the consumer to selectively reduce power consumption. Using the real-

time power usage data, Villicana’s system would have been able “to reduce energy

consumption during costly peak times and reduce[] the price of competitive energy

from competitive generation suppliers that possess fixed capacity levels.” By adding

the device controllers of Bartone in connection with the power consumption data of

ITR524-1003,

Villicana, the utility provider or utility customer could automatically manage energy

usage to occur during non-peak-load times, which would reduce both the costs on

the utility system and on the individual customer.

243. A POSITA would expect to be successful in combining Bartone with

Villicana because it would require the addition of known functionalities in similar

metering systems to an existing metering system. By adding these additional known

functionalities, a POSITA would not need to make changes to the underlying process

for measuring and transmitting power consumption information. A POSITA would

expect to be successful because they could use the same process for generating bills

or controlling appliances that were already known to work in existing power meter

networks.

ii. Claim 17: [17 Pre] A method of measuring power consumption


244. To the extent the preamble is limiting, Bartone discloses or renders

obvious a method of measuring power consumption information on a power line.

Specifically, Bartone discloses the measurement of current and voltage to generate

a power measurement in terms of kilowatt hours. As noted above, the ’524 Patent

explicitly recites that the kilowatt hour measurement is power consumption

information. Bartone recites:

One embodiment of the invention includes a system for monitoring

and controlling power usage among a plurality of facilities, with a

ITR524-1003,

device controller coupled to at least one power consuming device at

each facility, the device controller to control the at least one power

consuming device. It also includes a power measurement device

within each facility, to measure power consumption by power

consuming devices within the facility; a communications

network, in communication with the device controllers and the

power measurement devices; and a central location, in

communication with the communications network, to remotely

monitor power usage at each facility as measured by the power

measurement device. The central location communicates with the

device controllers over the communications network in order to

individually control the at least one power consuming device at each

facility.





26. The facility transceiver unit 36 also receives information from

a power measurement device 50, which monitors power

consumption within the facility 26 at a source such as the main

power feed 31. More than one power measurement devices 50 may

be used within a facility 26, to measure power consumption at

different points. Further, a plurality of facility transceiver units 36

can work to control and monitor different areas or devices within the

facility 26. The communication 34 between the facility transceiver

unit 36 and the device controllers 30 and power measurement

ITR524-1003,

devices 50 can be by any form, including wireless communications,

infrared signal, ultrasonic transmitters, power carrier signals, wire


Firewire.


Within the facility 26 are one or more power consumption devices

28. Typical examples are electrical devices such as refrigeration

devices, HVAC systems, heating units, motor-driven systems, and

any other high-load devices. Such devices 28 may alternatively be

power producing devices such as generators, batteries, solar or fuel

cells. According to the present invention, one or more power

consumption device 28 is connected 32 to a device controller 30,

wherein the device controller 30 can control the power consumption

device 28. The device controller 30 can also monitor whether the

power consumption devices 28 is drawing power, or even

measure much more detailed information, for example the

amount of power consumed, and the state of the power

consumption device 28. Typically the power cord of the power

consumption device 28 is simply plugged into a power outlet on

the device controller 30, although other connections and

controls are possible.

ITR524-1007, 5:12-28. (emphasis added).




ITR524-1003,

phases within end user facilities 26. These include single-phase 120

volt FIG. 11A, 240 volt FIG. 11B two wire connections and multi-

phase 240/480 volt 3 and 4-wire connections, FIG. 11C. The current

transducer interface 50 acts as the conversion device for energy data

collected via current transducers 49 and sent through the facility RF

module 36. The current transducer 49 measurement is converted to

pulse output by the current transducer interface 50. The transducer

measures true power consumption (kilowatt-hours). The

transducer's electronics are mounted inside the same housing as an

instrument grade CT to provide true power readings on 3-phase

loads. The transducers preferably maintain an accuracy range of

+/−1% from 10% to 100% of input range. The voltage-input range

shall be field selectable from 208-480 VAC. The Transducer's

power range are capable of monitoring loads of up to 1,150 kW. An

example transducer 49 is the Model WL40R transducer from Ohio

Semitronics Inc.









ITR524-1003,

time would reflect lower power consumption. ITR524-1003, 11:61-12:14. The

device controllers of Bartone also are capable of measuring the amount of power

consumed, and again, these controllers would also contain a processor for

performing this power measurement calculation.

246. To the extent the preamble is limiting, Villicana also discloses or

renders obvious a method of measuring power consumption information on a power

line. For example, Villicana teaches measuring energy consumption in kilowatt-

hours and transmitting that information to a remote destination. For example,

Villicana provides:

Typically, electrical power supplied for residential applications

is single phase alternating current power. To measure the

consumption of electricity in residential applications, a utility

company meter is provided at the electrical service entrance to

the residence. Utility company meters are of three general types,

namely, electromechanical based meters, purely electronic

component based meters, and hybrid

electromechanical/electronic meters. The electromechanical and

hybrid type meters are essentially an induction motor in which the

moving element is a rotating disk. The speed of rotation of the disk

is directly proportional to the voltage applied and the amount of

current flowing through the motor. The phase displacement of the

current, as well as the magnitude of the current, is automatically

taken into account by the meter, i.e., the power factor influences the

speed of rotation of the disk. The result is that the disk rotates with

ITR524-1003,

a speed proportional to true power. In the electromechanical type

of meters, a register is used to register the number of

revolutions, and the gearing is arranged to be read directly in

kilowatt-hours.


The system measures residential energy consumption and

automatically communicates this information to a host computer.

The host computer can then be accessed by the end utility customer

or other authorized entities. This Internet or web based system offers

two-way communication capability to support meter

reconfiguration. The system is comprised of two major elements, a

hardware unit and database software.

In accordance with one aspect of the invention, the hardware unit is

a printed circuit type card that retrofits into form 2S single-phase

residential-type meters. The unit measures residential energy

consumption in predefined intervals, stores the measurements,

and communicates at predefined times to a host database server. The

unit can accommodate various wired or wireless communication

technologies through a simple communications port.


247. The passages above indicate that Villicana teaches that electricity

meters are typically positioned at the energy service entrance to the residence (i.e.,

ITR524-1003,

the power line) and that those meters in Villicana’s system measure power usage

data, for example, energy consumption in kilowatt-hours. ITR524-1008, 1:15-34.

iii. Claim 17: [17A] measuring current fluctuations in the power line

and

[17B] calculating power consumption information from the current


248. Bartone discloses or renders obvious measuring current fluctuations in

the power line and calculating power consumption information from the current

fluctuations in a processor. Specifically, Bartone measures current for varying

electric phases (e.g., waveforms or fluctuations) so as to measure true power

consumption (kilowatt-hours), as known in the prior art as I describe above in Part

THE ’524 PATENTIV.A. Specifically, Bartone recites:




phases within end user facilities 26. These include single-phase

120 volt FIG. 11A, 240 volt FIG. 11B two wire connections and

multi-phase 240/480 volt 3 and 4-wire connections, FIG. 11C. The

current transducer interface 50 acts as the conversion device for

energy data collected via current transducers 49 and sent through the

facility RF module 36. The current transducer 49 measurement is

converted to pulse output by the current transducer interface 50. The

transducer measures true power consumption (kilowatt-hours).

The transducer's electronics are mounted inside the same

housing as an instrument grade CT to provide true power

ITR524-1003,

readings on 3-phase loads. The transducers preferably maintain

an accuracy range of +/−1% from 10% to 100% of input range.

The voltage-input range shall be field selectable from 208-480

VAC. The Transducer's power range are capable of monitoring

loads of up to 1,150 kW. An example transducer 49 is the Model

WL40R transducer from Ohio Semitronics Inc.


Within the facility 26 are one or more power consumption

devices 28. Typical examples are electrical devices such as

refrigeration devices, HVAC systems, heating units, motor-

driven systems, and any other high-load devices. Such devices 28

may alternatively be power producing devices such as generators,

batteries, solar or fuel cells. According to the present invention,

one or more power consumption device 28 is connected 32 to a

device controller 30, wherein the device controller 30 can

control the power consumption device 28. The device controller

30 can also monitor whether the power consumption devices 28

is drawing power, or even measure much more detailed

information, for example the amount of power consumed, and

the state of the power consumption device 28. Typically the power

cord of the power consumption device 28 is simply plugged into a

power outlet on the device controller 30, although other connections

and controls are possible.


ITR524-1003,








time would reflect lower power consumption. The device controllers of Bartone also

are capable of measuring the amount of power consumed, and again, these

controllers would also contain a processor for performing this power measurement

calculation. As I described with respect to count 1, Limitation [17A], a POSITA

would have understood that power consumption would be measured by measuring

current fluctuations on a power line.

250. Villicana discloses or renders obvious measuring current fluctuations

in the power line and calculating power consumption information from the current

fluctuations in a processor. For example:

Typically, electrical power supplied for residential applications

is single phase alternating current power. To measure the

consumption of electricity in residential applications, a utility

company meter is provided at the electrical service entrance to

the residence. Utility company meters are of three general types,

ITR524-1003,

namely, electromechanical based meters, purely electronic

component based meters, and hybrid

electromechanical/electronic meters. The electromechanical and

hybrid type meters are essentially an induction motor in which the

moving element is a rotating disk. The speed of rotation of the disk

is directly proportional to the voltage applied and the amount of

current flowing through the motor. The phase displacement of

the current, as well as the magnitude of the current, is

automatically taken into account by the meter, i.e., the power

factor influences the speed of rotation of the disk. The result is

that the disk rotates with a speed proportional to true power. In the

electromechanical type of meters, a register is used to register

the number of revolutions, and the gearing is arranged to be

read directly in kilowatt-hours.

. . .

Hybrid meters typically utilize electronic circuitry in combination

with the rotating disk to permit at least limited two-way

communication to/from the meter.


As noted above, each utility meter 113 takes electricity usage

data in predetermined intervals that are determined by embedded

software in the meter 113. The predetermined intervals may be pre-

selected at 5, 10, 15, 30, or 60 minutes. The usage is calculated in

accordance with predetermined quantifications or “buckets” of

total power consumed, power consumed in peak times, power

consumed in off-peak times; and power consumed during

ITR524-1003,

peak/off-peak shoulder periods. To reduce interference with

telephone usage at the residence where the meter is installed, and to

take advantage of lower priced night rates, meter 113 communicates

to system 100 during night hours of 12 pm to 5 am.

In the illustrative embodiment of the invention, each utility

meter 113 is a hybrid electromechanical/electronic meter. The

electromechanical portion includes the rotating disk that

operates as an induction type squirrel cage motor as described

above. The register portion of the meter is replaced with a

programmable structure. The programmable structure 200 of a

meter 113 in accordance with the principles of the invention is

shown in FIG. 2.


Each utility meter 113 is capable of measuring energy

consumption in real time. Electrical usage readings are taken at

programmed predetermined intervals and are stored in a non-

volatile memory at the utility meter. Each meter 113 periodically

establishes a link to system 100. In the illustrative embodiment of

the invention, the link is via the public telecommunications network.

Each meter 113 includes a modem that, in this embodiment of the

invention, is controlled to establish a link via the telephone lines at

the residence where the utility meter is installed. Meter 113 includes

an auto dialer that is under software control at the respective

meter 113 to dialup a connection via Internet 111 to system 100 to

ITR524-1003,

upload power usage data from meter 113 to system 100 for storage

in data center 103.


251. As is disclosed by Villicana, the speed of rotation of the disk is directly

proportional to the amount of current flowing through the power line. Indeed,

Villicana specifically considers the fluctuations of the current in the form of

magnitude and displacement to influence the speed of rotation of the disk—a higher

current over time registers as a higher power consumption, and lower current over

time registers as lower power consumption. ITR524-1008, 1:15-34. In the electric

and hybrid meters, a programmable structure replaces the register from the

electromechanical structure that calculates the kilowatt-hour usage information

based on the measured current fluctuations. ITR524-1008, 5:32-39. The passages

above indicate that the meters in Villicana’s systems measure current fluctuations in

a power line and calculate power usage or energy consumption based on those

current fluctuations, which a POSITA would have understood is accomplished using

the CPU in Fig. 2 using methods known in the art and described in the ’524 APA.

iv. Claim 17: [17C]: converting the power consumption information


252. Bartone teaches transmitting packetized measurement information over

the Internet. ITR524-1007, 2:43-36; 3:7-12. Bartone also discloses Internet

communications. Id. A POSITA would have understood that the Internet Protocol

ITR524-1003,

was for “use in interconnected systems of packet-switched computer communication



packetized, and would have relied on the known IPv4 protocol to packetize and

transmit that data. Indeed, the ’524 APA admits that a standard packet format at the

time was IPv4. ITR524-1001, 2:32-34 (“FIG. 6 is a block diagram showing a

standard Internet Protocol, Version 4 (‘IPv4’) packet utilized by the present

invention.”).

253. Bartone explicitly recites 2-way wireless and Internet communications:












control.


ITR524-1003,


























ITR524-1003,


compatibility with a variety of different networks, including the Internet. Bartone

discloses sending packetized power measurement information from the device

controllers and the energy meter over the Internet, which a POSITA would have

understood would require converting that power measurement into IP-based

information by storing it as payload data in the IP packet’s data block. A POSITA

would have understood that the preparation of this IP-based information would be

performed by a processor on Bartone’s power measurement devices or device

controllers.

255. While Bartone teaches creating packetized power consumption

information for transmission over the Internet, Villicana clearly discloses or renders

obvious converting the power consumption information into IP-based power

consumption information in the processor. For example:

A system in accordance with the principles of the invention provides

timely access to time-sensitive usage data gives energy providers an

edge in an increasingly competitive and rapidly transforming utility

environment. Electric usage meters in accordance with the

invention, capture and transmit energy-use information in

configurable time intervals directly to a data center via public

networks. Each meter in accordance with the principles of the

invention includes built-in measurement and state-of-the-art

data communications systems that provide high-volume, real-

ITR524-1003,

time energy-use monitoring over the Internet to a server and

database. By utilizing the Internet, cost-effective reliable

intelligent meter modules, existing public network infrastructure,

and sophisticated head-end database management systems, a system

in accordance with the principles of the invention offers

unparalleled practical, flexible, metering modernization solutions to

electric utilities customers. The system of the present invention

eliminates the need to deploy costly, complex, and often high-

maintenance private communications networks to capture periodic

utility data. Standard Internet browser technology and

encrypted messaging provide secure, easy accessibility to

metered data. The meters and system provide the ability to capture,

analyze and consistently deliver accurate and timely electric-use

consumption data is critical to the future growth of electricity

providers everywhere.


At step 401, controller 201 determines that it needs to connect to

data center 103 via server 101. The determination is made either

as a result of a regular programmed event such as a daily

upload, or for a special event such as a loss of power.

Controller 201 utilizes modem 223 to establish a TCP/IP

connection at step 403 to server 101. Sever 101 immediately

provides an acknowledgment of the connection at step 405.

Controller 201 via modem 223 sends a message to server 101

along with appropriate data message at step 407. Server 101

ITR524-1003,

acknowledges receipt of the data message at step 409. Checksum

error detection is utilized. In the event that an acknowledgement is

not received, controller 201 causes the message to be resent as

indicated at step 411. The resend feature may be repeated for a

predetermined number of times if an acknowledgment is not

received.


ITR524-1008, Fig. 4.

256. The passages above indicate that the meters in Villicana convert the

measured data to TCP/IP data in order to transmit that data over modem 203 to the

server using a TCP/IP connection. In order to transmit on the TCP/IP layer, a

POSITA would have understood the power consumption data would have to be

transmitted as IP-based information according to the Internet Protocol, such as IPv4.

ITR524-1003,

257. It would have been obvious to a POSITA to convert power

measurement data from Bartone to IP format and send it using a TCP/IP data

transmission as described in Villicana because Bartone describes sending data for

communicating over the Internet, and the Internet Protocol was a well-known

protocol for communicating all types of data over the Internet. A POSITA would

have known, and would have been motivated, to use Villicana’s TCP/IP data

connection in Bartone because it works in a similar power metering system

transmitting similar data, and was a widely used communication protocol for data

transmission.

v. Claim 17: [17D]: transmitting the IP-based power consumption



258. The power measurement information transmitted in Bartone can be

preset to be automatically transmitted to the central station location in periodic time

intervals, such as every 15, 30, or 60 minutes. For example, Bartone explains:

FIGS. 4, 5, and 6 are diagrams of the components, connections and

general layout of the supervisory central data collector and network

controller 55 according to the illustrative embodiment. The

supervisory central data collector 55, housed at a central location 22,

acts as the final receiving point for all data transmitted by the RF

Facility Modules and RF Nodes 52 located at remote sites. The

supervisory central data collector and network controller is a hard-

wired interface between the base station radio transceiver and the

ITR524-1003,

computer/data server runs the Central Station operations. In the

illustrative embodiment, the supervisory central data collector and

network controller includes redundancy in the form of a hot backup

unit. The supervisory central data collector and network controller

receives radio signals transmitted from RF Facility Modules and/or

RF Nodes 52. Packetized data is received and converted to numeric

data by the supervisory central data collector and network controller

software. Digitized numeric data is received and stored in the central

station computer data server files. Each customer/end user receives

a predetermined customer account number where all energy use data

is collected and stored in an organized manner. Energy use data

can be preset to be acquired, transmitted and delivered to a

central station location in user selectable time intervals, or

standard increments such as 15 minute, 30 minute, 1 hour and

up intervals depending upon the requirements of the end user

and/or service provider. Pre-determined intervals are

programmed at the end user's location using a hand-held

programming computer or can be performed at the central location

22 by re-transmitting data interval collection instructions to the RF

Facility Module(s) 52.


259. This means that the end user’s location itself, without external

prompting from the remote station, collects and transmits the collected energy use

information at preprogrammed time intervals. Accordingly, the power measurement

ITR524-1003,

information is transmitted “autonomously” as claimed by the energy power

measurement devices and device controllers taught by Bartone.

260. Bartone also discloses transmitting power consumption information

over the Internet and transmitting power consumption information over power

carrier signals, and a POSITA would have understood that the Internet Protocol was

for “use in interconnected systems of packet-switched computer communication




APA and in Villicana, to packetize and transmit that data. To the extent it is argued

that Bartone does not teach transmitting information in IP format, by combining the

teachings of Bartone and Villicana, a POSITA would have known that one could

transmit the IP-based power consumption information over power carrier signal to

the data communications center for management of controlled facilities and

appliances. For example, Bartone discloses:








ITR524-1003,

















The device controllers 30 communicate 34 with a facility

transceiver unit 36. The facility transceiver unit 36 serves as a

central control and/or forwarding unit to provide a single point

within the facility 26. The facility transceiver unit 36 also receives

information from a power measurement device 50, which

monitors power consumption within the facility 26 at a source

such as the main power feed 31. More than one power

measurement devices 50 may be used within a facility 26, to

measure power consumption at different points. Further, a

plurality of facility transceiver units 36 can work to control and

ITR524-1003,

monitor different areas or devices within the facility 26. The

communication 34 between the facility transceiver unit 36 and

the device controllers 30 and power measurement devices 50 can

be by any form, including wireless communications, infrared

signal, ultrasonic transmitters, power carrier signals, wire


Firewire.


261. The passages above indicate that Bartone teaches a system where

device controllers and power measurement devices (both of which measure power

usage from the power line, at the facility level and at the appliance level)

communicate over the Internet, optionally using power line carrier signals to

transmit the information. Furthermore, the device controllers themselves optionally

transmit power measurement data over power line carriers before that data is

transmitted to the centralized data center. Those power line networks lie between

the power meter (here, the device controller, which also serves as a power

measurement device) and the power distribution grid, and are therefore “external”

power line networks. It would have been obvious to a POSITA to transmit the power

consumption information as IP-based data in order to make the data easy to transmit

over the Internet. Furthermore, it would have been obvious (as cited above) to

ITR524-1003,

combine the system of Bartone with the IP-based communication of Villicana over

power line carrier.

262. Villicana discloses or renders obvious transmitting the IP-based power

consumption information from the processor to a destination autonomously in IP

format over an external power line network. For example, Villicana states:





















ITR524-1003,






Structure 200 also includes a wide area network interface 223

that provides one or more of analog modem functionality, cellular

telephone modem functionality, satellite communication

functionality, 2 way paging functionality, or power line carrier

functionality.


ITR524-1003,

ITR524-1008, Fig. 2.



as a result of a regular programmed event such as a daily

upload, or for a special event such as a loss of power.











received.


ITR524-1003,

ITR524-1008, Fig. 4.

The hardware design is comprised of a controller with program

memory, a liquid crystal display to replace the mechanical registers

of the retrofitted meter; direction sensing infra-red disk interface,

IrDA communications port for diagnostics; non-volatile memory for

interval reading storage; a real-time clock for time stamping of data

measurements and a serial port to interface with various wired or

wireless communication modules. The unit features Time of Use

(TOU) demand metering as well as flat rate metering; records

usage in predefined intervals, such as 15, 30, or 60 minutes, or

other interval; stores up to 31 days of 15 minute interval data;

is programmable to send information to host computer daily;

power failure detection; backward rotation detection. The unit can

access dual ISP's to enhance communication reliability through

redundancy. The meter software establishes an Internet connection

ITR524-1003,

to the portal server that, in turn, executes a set of procedures to

validate each transaction from the meter to the database server

before inserting packet data into the database server. Data integrity

and duplication checks are performed in the validation process. The

software manages field upgrades through the Internet; offers event

notification of hardware failure, power up, power outage and

tamper/theft detection with notification capabilities; offers

diagnostics of event, connect and diagnostics logs.


263. The passages above indicate that the meters taught by Villicana

automatically upload recorded energy usage data to the data server on a daily basis—

for example, messages containing energy usage data are sent as part of a daily

upload. ITR524-1008, 2:47-49, 7:48-62, Fig. 4. Because these daily uploads occur

automatically, without any external prompting or requests from the data center, they

are “autonomous” transmissions. Furthermore, a POSITA would have known from

Bartone that the automatic TCP/IP transmissions of Villicana could be used in

Bartone and modified to occur more frequently than daily—for example, every 15,

30, or 60 minutes. A POSITA would have been motivated to make this combination

to enable Internet communications with the power meter using a variety of

communications media that support IP transmissions.

ITR524-1003,

264. In Villicana, the power measurement data is further sent over a TCP/IP

connection, which means that the power measurement data is IP-based when

transmitted. ITR524-1008, 7:48-62.

265. Also, the power measurement data is optionally transmitted over a

power line carrier. ITR524-1008, 6:17-21. The wide area power line carrier network

taught in Villicana would comprise an external power line network for

communicating between the power meter and the utility providing the power.

266. Accordingly, the recorded power usage information is sent in a message

with TCP/IP headers attached and sent over an IP network (such as the Internet).

The power usage information is therefore “IP-based” as used in the ’524 Patent when

transmitted to the remote destination.

vi. Claim 18: [18A]: The method of claim 17, further comprising:





268. Bartone discloses or renders obvious receiving the IP-based power

consumption information at the destination, and calculating a utility bill using the

IP-based power consumption information. For example, Bartone states:

The metering architecture that exists in the field today is geared

toward providing only enough information to accurately bill

consumers on a monthly basis for energy consumed. Because the

ITR524-1003,

industry was regulated, and service provided by a monopoly, energy

use was billed based on “average” rates and prices. In the

deregulated environment, the price of competitive electricity,

generated by individual power plant owners, changes on an hourly

basis based upon changes in supply and demand.

While technology continues to advance, the focus of various

metering technologies and manufacturers continue to be more

so on the efficiency by which data is collected (for billing

purposes) and not necessarily for end-use energy management

purposes.


FIG. 1 shows a system 20 for monitoring and controlling energy

usage in a facility in accordance with the present invention. A

centralized data center 22 is able to receive information from a

plurality of facilities 26 over a communications network 24. The

centralized data center 22 may be one location, or a plurality of

separate locations which can collect and share data over various

networks, for example the Internet, a VPN (virtual private

network), wireless node connections, etc. Further, the centralized

data center 22 does not necessarily have to be in the geographic

center of the area of the facilities 26. The facility 26 can be any type

of building or facility which uses electrical power, as will be

described in more detail below.


ITR524-1003,

1. Real-Time Portfolio Load Management and Load Curtailment

Services. The centralized data center 22 collects real-time energy

use data via the network 40 (for the illustrative embodiment, a

wireless communications) infrastructure located throughout the

defined service territory. The real-time energy use data collected

from each end user facility 26 is received through packetized

data transmitted from the Facility RF (“Radio Frequency”)

Modules to the RF Nodes located throughout the service

territory and into the centralized data center's 22 data server.

Each customer data is coded with ID numbers and added to the

portfolio's 15-minute or hourly load profile curves. The data server

software tracks peak load usage on a 15-minute basis and compares

the aggregate load curves to targeted baseline curves that are defined

by pricing factors provided by the portfolio power supplier(s). The

data server software can also do real-time statistical analysis and

energy use predictions based on the previous customer data, weather

reports, and other dynamic factors. Based on real-time pricing

and/or other factors, the centralized data center's 22 system will

initiate commands that will signal power reductions at the customer

site 26 on an automated basis. The signals will be sent via the

wireless communications network 40 that includes transmission of

load management commands back via the RF Node Network 46 to

the Wireless Equipment Interface Modules (facility transceiver 36)

and Demand-Side Management RF Modules (device controller 32).

These modules have preset controls that perform the function of

reducing voltage to equipment or panels or shutting off selected

ITR524-1003,

defined equipment for set periods of time based upon the central

station control system software requirements.


3. Sub-Metering & Utility Billing Services. The system has the

ability to provide sub-metering and utility billing services to

those market segments that conduct business and relationships

where these services may provide high value. For instance, the

office building market is typically made up of multiple tenants

occupying space within a building. The building may be master

metered by the local utility company (“LDC”) and individual

tenants being billed on a per square foot basis. This process creates

significant inequities between tenants depending on the energy use

intensity, hours of operation, and equipment inventories. In a

deregulated market, the differences in energy costs among tenants

will become more profound. By installing submetering equipment

within tenant occupied spaces, a more detailed measurement of

energy use can provide better allocation of costs through direct

billing for tenant usage. In addition, tenant's ability to gain access

to real-time energy use via a secure website will encourage energy

conservation and management and the ability to identify waste and

inefficiencies not normally identified under the current metering and

billing infrastructure.


4. Utility Bill Audit & Verification Services. The system software

includes a detailed database of regulated rate tariffs and competitive

ITR524-1003,

supply pricing rate structures that are used to verify billing

components generated from the LDC's monthly utility invoices to

the end use customer. This database of rates provides customers

with an audit of their current utility charges and identification of

billing errors. Billing errors by the local distribution company can

result from the end user; (1) being on the wrong regulated utility rate

tariff, (2) billing components being miscalculated or calculated

incorrectly, (3) generation rates from competitive energy supplier(s)

being calculated and billed incorrectly, as well as numerous other

billing errors. The system software and Rate Tariff Database provide

the ability to audit a customer's utility bill via a secure website where

a customer can log in on and input key billing parameters into the

customer input section. The system software will then calculate

the customer's monthly bill to be checked and verified against

the actual LDC utility bill. Any errors or differences can be quickly

identified and corrected.


269. The passages above indicate that the system of Bartone will use the

measured power usage data to generate the customer’s monthly bill and to perform

direct billing for sub-metered tenant usage. The centralized data center, or its various

subcomponents, receives measured power consumption information from the

facilities. ITR524-1007, 6:31-36 (“The real-time energy use data collected from

each end user facility 26 is received through packetized data transmitted from the

ITR524-1003,

Facility RF (‘Radio Frequency’) Modules to the RF Nodes located throughout the

service territory and into the centralized data center's 22 data server.”).

270. The system software of the centralized data center then uses the direct

measurement of energy use to calculate the customer’s utility bill and provide direct

billing for tenant usage. ITR524-1007, 8:28-56 (“By installing submetering

equipment within tenant occupied spaces, a more detailed measurement of energy

use can provide better allocation of costs through direct billing for tenant usage. . . .

The system software will then calculate the customer's monthly bill to be checked

and verified against the actual LDC utility bill.”).

271. Accordingly, receiving the IP-based power consumption information at

the destination and calculating a utility bill using the IP-based power consumption

information is taught or made obvious by Bartone and the combination of Bartone

and Villicana.

272. Villicana also renders obvious receiving the IP-based power

consumption information at the destination and storing rate information at the same

data center where IP-based power consumption information is sent. For example:

Data center 103 must store information pertaining to rate

schedules for each individual service residence/account. By way

of example, the rate schedules may be flat rate or time of use. If the

rate schedule is time of use, then the rate schedule to be implemented

is also associated with the individual service residence/account.

ITR524-1003,




as a result of a regular programmed event such as a daily upload, or

for a special event such as a loss of power.

Controller 201 utilizes modem 223 to establish a TCP/IP connection

at step 403 to server 101. Sever 101 immediately provides an

acknowledgment of the connection at step 405. Controller 201 via

modem 223 sends a message to server 101 along with

appropriate data message at step 407. Server 101 acknowledges

receipt of the data message at step 409. Checksum error detection

is utilized. In the event that an acknowledgement is not received,

controller 201 causes the message to be resent as indicated at step

411. The resend feature may be repeated for a predetermined

number of times if an acknowledgment is not received.


ITR524-1003,

ITR524-1008, Fig. 4.

273. The passages above indicate that the data server receives the IP-based

power consumption information at the destination (for example, at block 409 of

Figure 4, server 101 acknowledges receipt of the data message, and the energy usage

data is stored at data center 103 of Fig. 1). It is my opinion that it would have been

obvious to use this energy usage data at the data center, which stores the rate

schedule for each individual service residence/account, to automatically generate a

bill for the customer based on customer usage, as taught in Bartone.



IP-based network


ITR524-1003,

275. Bartone discloses transmitting packetized power consumption

information over the Internet, and a POSITA would have understood that the Internet

Protocol was for “use in interconnected systems of packet-switched computer

communication networks.” ITR524-1009, p. 1. Accordingly, a POSITA attempting

to send measurement data over the Internet would have known that it would need to

be packetized, and would have relied on the known IPv4 protocol, as taught in the

’524 APA and Villicana, to packetize and transmit that data. For example, Bartone

discloses:












control.




ITR524-1003,

























compatibility with a variety of different networks, including the Internet.

ITR524-1003,

Accordingly, a POSITA would have been motivated to combine Bartone with

Villicana using the known IPv4 protocol to transmit IP-based data over an IP-based

network, e.g., the Internet.

277. While Bartone discloses transmitting the IP-based power consumption

information over an IP-based network, Villicana also clearly discloses or renders

obvious transmitting the IP-based power consumption information over an IP-based

network. For example, Villicana states:


















ITR524-1003,








ITR524-1008, 2:22-46 (emphasis added). Villicana further provides:

In accordance with the principles of the invention, a new and novel

utility meter is provided and a new and novel system and method for

acquiring metered information is provided. The system in which the

meters may be utilized is shown in FIG. 1. The system is designated

generally at 100. System 100 includes a server 101. Server 101 is

coupled to a data center 103 that includes relational databases in

which utility meter acquired data and account information is stored.

System 100 is coupled via a firewall 105 to a computer network

that in the embodiment shown is the Internet 111 that has access

to utility meters 113. System 100 also is accessible via protective

firewalls 107 by the utility company's virtual private network 109.

Bi-directional communication occurs between each utility meter

113 and system 100 via point of presence (POP) 115. In addition,

Internet communication devices such as personal computer 117 may

access meters 113 and system 100.


ITR524-1003,

ITR524-1008, 4:29-45 Fig. 1.

Each utility meter 113 is capable of measuring energy consumption

in real time. Electrical usage readings are taken at programmed

predetermined intervals and are stored in a non-volatile memory at

the utility meter. Each meter 113 periodically establishes a link to

system 100. In the illustrative embodiment of the invention, the link

is via the public telecommunications network. Each

meter 113 includes a modem that, in this embodiment of the

invention, is controlled to establish a link via the telephone lines at

ITR524-1003,

the residence where the utility meter is installed.

Meter 113 includes an auto dialer that is under software control

at the respective meter 113 to dialup a connection via

Internet 111 to system 100 to upload power usage data from

meter 113 to system 100 for storage in data center 103.


ITR524-1008, Fig. 2.



as a result of a regular programmed event such as a daily upload, or

for a special event such as a loss of power.

ITR524-1003,











received.


ITR524-1008, Fig. 4.

ITR524-1003,








(TOU) demand metering as well as flat rate metering; records usage

in predefined intervals, such as 15, 30, or 60 minutes, or other

interval; stores up to 31 days of 15 minute interval data; is

programmable to send information to host computer daily;

power failure detection; backward rotation detection. The unit can

access dual ISP's to enhance communication reliability through

redundancy. The meter software establishes an Internet

connection to the portal server that, in turn, executes a set of

procedures to validate each transaction from the meter to the

database server before inserting packet data into the database

server. Data integrity and duplication checks are performed in the

validation process. The software manages field upgrades through

the Internet; offers event notification of hardware failure, power up,

power outage and tamper/theft detection with notification

capabilities; offers diagnostics of event, connect and diagnostics

logs.


ITR524-1003,

278. The passages above indicate that the meters and system taught in

Villicana transmit IP-based power consumption information as message data

encoded with the TCP/IP protocols over an IP-based network, for example, the

Internet 111.

viii. Claim 20: [20A]: The method of claim 17, further comprising








consumption information, be performed. This may be accomplished by sending the

information to the same destination over separate networks, or by sending different

sets of IP-based power consumption information by, alternatingly, power line

network or wireless transmission. I understand that this claim element could also be

met by sending the information to a destination using both types of networks as

different legs of the transmission (for example, sending the information to an

intermediate destination using a power line network, and sending the same

information from the intermediate destination to a further destination wirelessly).

ITR524-1003,

281. Bartone discloses or renders obvious wirelessly transmitting the IP-

based power consumption information from the processor to the destination. For

example:

An illustrative embodiment of the present invention includes a

centralized energy monitoring, equipment control, and energy

procurement system that utilizes a wireless fixed

communication network as the basis to deliver real-time energy

use information from end users to a centralized data center for

monitoring and control. One feature of this system is to manage

and optimize energy costs of end users on a portfolio basis. In order

to optimize both energy conservation and energy purchasing

benefits in a deregulated environment, energy use profiles of

individuals will need to be managed on a portfolio basis with other

end users with complimentary and offsetting load profile

characteristics. The system of the illustrative embodiment uses a

wireless narrow-band frequency to packetize and transmit data

from an end user's point source to the centralized data center.

Current monitoring modules measure energy use for main facility

loads or submetered equipment or end use loads. This information

is transmitted via a wireless fixed communication network to the

centralized data center. Systems and software within the

centralized data center gathers real-time energy use data from end

users within a fixed range and analyzes end load profiles on a

portfolio basis. The software intelligence initiates and sends

packetized commands to field devices located at the end users

facility via the wireless fixed communication network. These

ITR524-1003,

commands are received by device controllers, such as Equipment

Interface Modules (“EI Modules”) and Demand-Side Management

(“DSM”) RF Modules. The EI Modules and DSM RF Modules

receive the commands and start/stop equipment to control end use

energy load profiles. By performing this automated activity, the

portfolio managed by the centralized data center is optimized to

reduce energy consumption during costly peak times and reduces

the price of competitive energy from competitive generation

suppliers that possess fixed capacity levels. The result and benefits

of this system is to optimize the total cost of energy in a deregulated

market.












performed utilizing complimentary data to initiate more

effective control.


ITR524-1003,




26. The facility transceiver unit 36 also receives information from a

power measurement device 50, which monitors power consumption

within the facility 26 at a source such as the main power feed 31.

More than one power measurement devices 50 may be used within

a facility 26, to measure power consumption at different points.

Further, a plurality of facility transceiver units 36 can work to

control and monitor different areas or devices within the facility 26.

The communication 34 between the facility transceiver unit 36

and the device controllers 30 and power measurement devices

50 can be by any form, including wireless communications,

infrared signal, ultrasonic transmitters, power carrier signals,

wire connections, or any packet switching networks such as

Ethernet or Firewire.


282. The passages above indicate the energy use information in Bartone can

be packetized and transmitted over a wireless network and over the Internet from the

power measurement devices or device controllers, which a POSITA would

understand would contain a processor. A POSITA would have understood that this

data would be sent with IP headers in order to transmit the information over the

Internet. As noted above, in combination with Villicana, it is my opinion that the

ITR524-1003,

combined system is capable of transmitting over power lines, and as suggested by

both Villicana and Bartone, over a wireless channel.

283. The passages above indicate that the Bartone facilities and device

controllers may transmit the IP-based power consumption information from the

power measurement device and device controllers via power line carrier and wireless

transmission. ITR524-1007, 3:1-12. A POSITA also would have understood that

redundant communications technologies allow enhanced communication reliability.

For example, in the event of a wireless transceiver or network failure or in the event

of a power line transceiver or power line failure, the facility of Bartone could still

communicate with the centralized data server to, for example, communicate the

failure.

284. Villicana also discloses or renders obvious wirelessly transmitting the

IP-based power consumption information from the processor to the destination. For

example, Villicana states:

In accordance with one aspect of the invention, the hardware unit is

a printed circuit type card that retrofits into form 2S single-phase

residential-type meters. The unit measures residential energy

consumption in predefined intervals, stores the measurements,

and communicates at predefined times to a host database server.

The unit can accommodate various wired or wireless

communication technologies through a simple communications

port.

ITR524-1003,


In accordance with another aspect of the invention, the method

includes utilizing a public network for the communication link. In

one embodiment of the invention, the public network comprises a

worldwide network of computers. The public network in the

embodiment shown comprises the Internet and the

communications link includes a telephone link. The telephone

link comprises one or more of a wired telephone line, a wireless

telephone line, a radio frequency communications link, and an

optical link,









(TOU) demand metering as well as flat rate metering; records usage

in predefined intervals, such as 15, 30, or 60 minutes, or other

interval; stores up to 31 days of 15 minute interval data; is

programmable to send information to host computer daily; power

failure detection; backward rotation detection. The unit can access

dual ISP's to enhance communication reliability through

redundancy. The meter software establishes an Internet connection

ITR524-1003,

to the portal server that, in turn, executes a set of procedures to

validate each transaction from the meter to the database server

before inserting packet data into the database server. Data integrity

and duplication checks are performed in the validation process. The

software manages field upgrades through the Internet; offers event

notification of hardware failure, power up, power outage and

tamper/theft detection with notification capabilities; offers

diagnostics of event, connect and diagnostics logs.


Structure 200 also includes a wide area network interface 223

that provides one or more of analog modem functionality, cellular

telephone modem functionality, satellite communication

functionality, 2 way paging functionality, or power line carrier

functionality.


285. The passages above indicate that Villicana teaches that, in addition to

transmission over power line carrier, the system of Villicana transmits IP-based

power consumption data over wireless networks such as cellular, RF, or satellite

networks from the energy meters, which contain processor 201. ITR524-1008, Fig.

2. It may send this IP-based power consumption data over these networks in addition

to power line carrier networks as different legs of a data transfer or may transmit

ITR524-1003,

redundant data transfers over multiple types of networks to enhance communication

reliability.

286. Furthermore, it would have been obvious for a POSITA to use wireless

communication at other stages in the routing from the electric power meter’s

processor to the destination, including IEEE 802.11 wireless routers used at the

utility service providers’ locations or microwave transmissions connecting a remote

network of utility meters to the utility service provider. Accordingly, Bartone

combined with Villicana teaches or renders obvious wirelessly transmitting the IP-

based power consumption information from the processor to the destination.

ix. Claim 21: [21A]: The method of claim 17, further comprising:




288. Bartone discloses or renders obvious generating a control signal in the

processor in response to the power consumption information. Not only does Bartone

describe the generation and issuance of a control signal, but Bartone teaches the

cycling of air conditioners on and off. For example:




the device 28.


ITR524-1003,





similar timescale. Through central monitoring and control, energy

savings based on the “macro” picture are possible. For example,

simply by limiting the activation of air conditioning units at

several facilities for a few minutes can help keep a utility load

below a preferred limit. As other air conditioning units are








which also measures power usage, receives and provides control signals to control


consumption and load information. ITR524-1007, 12:19-22; 12:23-37.

290. A POSITA would have been motivated to combine the electric meter

system taught by Villicana with the electric meter system taught in Bartone,

specifically the appliance controller and control signals taught in Bartone, to manage

peak loads to reduce the strain on the electricity grid and because both references are

ITR524-1003,

in the same technical field and are attempting to automate the telemetry of power

meters. A POSITA would have expected success because the appliance controllers

are separate devices that add additional known functionality to the system and were

already being used in similar systems, like Bartone. Because a POSITA would have

expected these devices to work in substantially the same way when used with a

similar electric meter network, the POSITA would have expected to be able to

successfully add this functionality to Villicana’s design.

x. Claim 21: [21B]: transmitting the control signal to an appliance;


291. Bartone discloses or renders obvious transmitting the control signal to

an appliance and controlling the appliance with the control signal. For example,

Barton states:




the device 28.


The present invention provides a system to allow central monitoring

and control of a large number of energy consumption devices on

a real time basis. The system allows up to the second information

on usage and loads, and control on a similar timescale. Through

central monitoring and control, energy savings based on the

“macro” picture are possible. For example, simply by limiting the

ITR524-1003,

activation of air conditioning units at several facilities for a few

minutes can help keep a utility load below a preferred limit. As

other air conditioning units are cycled off, the new units can be

activated. The impact on the end user is minimal and transparent.

Treating homes and groups as a portfolio allows standards and

predictions to be set for the power requirements of the portfolio, and

allow buying and negotiating for power on a beneficial level.



which also measures power usage, receives and transmits control signals to control


consumption and load information.



specifically the appliance controller and control signals taught in Bartone, to transmit

control signals and manage the appliances connected to Villicana’s metering devices

to manage peak loads in order to reduce the strain on the electricity grid.

Furthermore, both references are in the same technical field and are attempting to

automate the telemetry of power meters. A POSITA would have expected to be

successful because the appliance controllers are separate devices that add additional

known functionality to the system and were already being used in similar systems,

ITR524-1003,

like Bartone. Because a POSITA would have expected these devices to work in

substantially the same way when used with a similar electric meter network, the

POSITA would have expected to be able to successfully add this functionality to

Villicana’s design.

xi. Claim 22: [22A]: The method of claim 21, wherein the step of




295. Bartone discloses or renders obvious turning the appliance off in

response to increased power consumption as part of the step of controlling the

appliance. For example, individual air conditioning devices may be turned off in

response to increased power consumption as power consumption is monitored and

the utility load approaches a preferred limit, in order to keep the utility load low:




the device 28.






similar timescale. Through central monitoring and control,

ITR524-1003,

energy savings based on the “macro” picture are possible. For

example, simply by limiting the activation of air conditioning

units at several facilities for a few minutes can help keep a utility

load below a preferred limit. As other air conditioning units are







296. The passages above indicate that the local equipment controller cycles

air conditioning units off to keep the utility load before a preferred level.

Accordingly, in response to increased power consumption, appliances are turned off

using the control signals taught by Bartone.



specifically the appliance controller and control signals taught in Bartone to disable

appliances, such as air conditioning systems, and otherwise manage the appliances

connected to Villicana’s metering devices to manage peak loads in order to reduce

the strain on the electricity grid. Furthermore, both references are in the same

technical field and are attempting to monitor the usage of power in real time, and the

collection of real time data would naturally lead a POSITA to want to use this data

ITR524-1003,

to minimize waste and excessive energy use by disabling appliances that are

consuming too much power. A POSITA would have expected to be successful

because the appliance controllers are separate devices that add additional known

functionality to the system and were already being used in similar systems, like

Bartone. Because a POSITA would have expected these devices to work in

substantially the same way when used with a similar electric meter network, the

POSITA would have expected to be able to successfully add this functionality to

Villicana’s design.

VII. REVISION OR SUPPLEMENTATION

298. In this report, I have presented my opinions regarding the invalidity of

the claims of the ’524 Patent based on the information available to me. My opinions

are subject to change in view of opinions provided by the Patent Owner or its expert,

or any additional information that I may receive. I reserve the right to supplement

my opinions accordingly.

ITR524-1003,

I hereby declare that all statements made herein of my own knowledge are true and

that all opinions expressed herein are my own; and further that these statements were

made with the knowledge that willful false statements and the like are punishable by

fine or imprisonment, or both, under Section 1001 of Title 18 of the United States

Code.

Executed March 30 , 2017

Dr. Robert Akl, D.Sc.

Robert

united states patent and trademark office before the ...€¦ · taught courses and directed...

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