Prosecution Insights
Last updated: April 19, 2026
Application No. 17/087,068

LOAD LEVELING POWER STORAGE SYSTEM FOR ELECTRIC HYDRAULIC FRACTURING

Final Rejection §103
Filed
Nov 02, 2020
Examiner
TRAN, THAI H
Art Unit
2836
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
U.S. Well Services, LLC
OA Round
6 (Final)
72%
Grant Probability
Favorable
7-8
OA Rounds
3y 0m
To Grant
98%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allow Rate
243 granted / 337 resolved
+4.1% vs TC avg
Strong +25% interview lift
Without
With
+25.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
30 currently pending
Career history
367
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
50.7%
+10.7% vs TC avg
§102
25.1%
-14.9% vs TC avg
§112
22.3%
-17.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 337 resolved cases

Office Action

§103
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Response to Amendment The Applicant’s Amendment filed on 11/12/2025 in which no claim has been amended, claims 8-14, and 20 have been withdrawn, claims 21-23 have been canceled, claim 24 has been added and entered of record. Claims 1-7, 15-19, and 24 are presented for examination. Response to Argument Applicant argues that Buiel does not discloses a circuit breaker and Williams is never described the contactor as a circuit breaker. Applicant further argues that “Contactors and circuit breakers are distinct electromechanical devices with different principles of operation. A contactor is an electromagnetic switch that is used to open or close an electric circuit For example, one type of contactor utilizes an electromagnetic field generated by a solenoid coil to hold a switch in either an open position or a closed position.3 The contactor remains in this position until the solenoid coil is deenergized. In contrast, a circuit breaker is used for overload protection”. The Examiner respectfully disagrees. The circuit breakers in Applicant’s disclosure clearly for distributing and control power to the loads. Please see the Applicant’s disclosure produce below for convenient: [0004] In accordance with one or more embodiments, a fracturing system includes a generator having a specific set point, a power storage system, a microgrid, and one or more fracturing system components configured to receive power from the microgrid. In some embodiments, the power storage system includes a chargeable power storage device. The chargeable power storage device may be a solid state battery, a flow battery, a flywheel, or a capacitor. The microgrid includes a first circuit breaker. The generator provides power to the microgrid via the first circuit breaker. The microgrid further includes a second circuit breaker. The power storage system is electrically coupled to the second circuit breaker to controllably supply power to or receive power from the microgrid via the second circuit breaker. The first and second circuit breakers are connected to a common bus for load sharing. The power storage system charges when the first and second circuit breakers are both closed. The power storage system stops charging when the one or more fracturing system component requires power. The power storage system discharges power to the microgrid when a load requirement of the one or more fracturing system components is above the set point. The power storage device powers the one or more fracturing system component during conditions in which the generator is down. The generator charges the power storage device when the first and second circuit breakers are both closed. The power storage device disconnects from receiving power from the generator when the one or more fracturing system components draw power. The power storage device provides power to auxiliary devices and starters for one or more generators. In some embodiments, the fracturing system further includes one or more additional power storage systems coupled to the microgrid. [0017] The microgrid 106 may include a first circuit breaker (CB-A) 110 and a second circuit break (CB-B) 112. The generator 102 provides power to the microgrid 106 via the first circuit breaker 110. The generator 102 may be set a specific power output (i.e., set point) which is based on the microgrid load requirement as well as the capabilities of the generator 102. The generator 102 may be a turbine generator, among other types of generators. In some embodiments, the power storage system 104 is electrically coupled to the second circuit breaker 112 to controllably supply power to or receive power from the microgrid 106 via the second circuit breaker 112. Ground check technology could be implemented to verify continuity. If the ground check senses an open circuit, it will not allow the breaker to close. This is used to simply assure that there are no loose connections between the power storage system 104 and microgrid 106. This ground check wire can be embedded in a jacketed multi-conductor cable. [0018] The first and second circuit breakers 110, 112, may be connected to a common bus 114 for load sharing, which may include a large copper bar used to share power evenly to downstream equipment based on power demand. The first and second circuit breakers may be in the same switchgear system, such as a trailer. Nowhere in the disclosure discloses the circuit breakers are act as overcurrent protection device. Furthermore, the limitation only requires the circuit breaker “to controllably supply power to or receive power from the microgrid via the second circuit breaker”, not to protect overcurrent. Applicant is reminded that in the process of examining, the Examiner is required to interpret the claims as Broadest Reasonable Interpretation (BRI). Applicant also argues that Buiel does not discloses the energy storage (92) as being coupled to the AC bus (labeled "main AC bus"). Thus, Buiel has not been shown to disclose a common bus that is configured to provide load sharing between the generator and the power storage system. The Examiner respect fully disagrees. Applicant attacks the references individually while they are mean to combined. Fig. 10 shows the energy storage (92) coupled to the Main AC Bus. Applicant further argues that Williams discloses that there are two separate buses used in the circuit. Therefore, Williams has not been shown to recite a common bus connected to first and second circuit breakers. The Examiner respect fully disagrees. The reference of Williams was introduced and combined for providing a circuit breaker or contactor to isolate the battery from a power to ensure no leakage between the bus and the battery. Please see the Office Action dated 08/13/2025 and the rejections below. Applicant further argues that has not been cited to cure the deficiencies of Buiel and Williams noted above. The Examiner respectfully disagrees. The reference of Buiel was introduced into the combination because fracturing is an up-to-date technique for extract oil and gas. Examiner’s Note: In the case of amending the claimed invention, Applicant is respectfully requested to indicate the portion(s) of the specification which dictate(s) the structure relied on for proper interpretation and also to verify and ascertain the metes and bounds of the claimed invention. Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claim(s) 1 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Buiel, Patent Publication 20090195074; hereinafter “Buiel” in view of WILLIAMS, US Patent Publication 2012/0292992; hereinafter “WILLIAMS” further in view of Cryer et al., US Patent Publication 2014/0010671; hereinafter “Cryer”. Regarding claim 1, Buiel discloses a drilling system (Fig. 4 and 10), comprising: a generator (Fig. 10, 80); a power storage system (Fig. 10, 90 and 92) comprising a chargeable power storage device (Fig. 10, 92) [0079]; one or more fracturing system components (Fig. 10, 100); a microgrid (Fig. 10) comprising: a first circuit breaker (Fig. 10, CB GEN 86), wherein the generator provides power to the microgrid via the first circuit breaker (Fig. 10, G provide energy to the system through CB GEN 86); and a second circuit breaker, wherein the power storage system is electrically coupled to the second circuit breaker to controllably supply power to or receive power from the microgrid [0079] via the second circuit breaker; one or more feeder breakers (Fig. 10, breakers between Main AC Bus and drawworks 100), the one or more feeder breakers configured to selectively energize the one or more fracturing system components (Fig. 10, breakers are for controlling power to the drawworks 100); and a common bus (Fig. 10, Main AC Bus) connected to the first (Fig. 10, 86) and second circuit breakers and to the one or more feeder breakers (Fig. 10, breakers between Main AC Bus and drawworks 100), wherein the common bus is configured to provide load sharing between the generator and the power storage system and to distribute power to the fracturing system components [0075]-[0079]. Buiel does not disclose a second circuit breaker. WILLIAMS discloses a second circuit breaker (Fig. 3, 152) is electrically coupled to a storage system (Fig. 3, 150) to controllably supply power to or receive power from [0076] [0078] a microgrid (Fig. 3, 84). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Buiel to incorporate the teaching of WILLIAMS and provide a second circuit breaker and have wherein the power storage system is electrically coupled to the second circuit breaker to controllably supply power to or receive power from the microgrid via the second circuit breaker. Doing so would allow the battery bank to be connected to and disconnected from the microgrid to avoid any leakage current between the storage system and the microgrid when the storage system is not being used. The combination of Buiel and WILLIAMS generally discloses electrical power system for drill rigs. The combination of Buiel and WILLIAMS does not explicitly disclose the electrical power system for a fracturing system. Cryer discloses a power system for supplying power to a fracture system, a newer technique for extracting oil and nature gas (Fig. 4) [0056]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination of Buiel and WILLIAMS to incorporate the teaching of Cryer and use the power supply system in a fracture system since the facture system is the newer technique of extracting oil and gas. Doing so would allow applying the exiting power management having maximum efficiency to minimize waste electricity through resistive load, and prolong the life of the generators in the newer technique of extracting oil and nature gas. Regarding claim 2, the combination of Buiel, WILLIAMS and Cryer discloses the fracturing system of claim 1 above, Buiel further discloses the chargeable power storage device is a solid state battery, a flow battery, a flywheel, or a capacitor [0076]. Regarding claim 3, the combination of Buiel, WILLIAMS and Cryer discloses the fracturing system of claim 1 above, Buiel further discloses the chargeable power storage device is configured to power the one or more fracturing system component during conditions in which the generator is down [0019]. Regarding claim 4, the combination of Buiel, WILLIAMS and Cryer discloses the fracturing system of claim 1 above, Buiel further discloses the generator is configured to charge the chargeable power storage device when the first and second circuit breakers are both closed [0019]. Regarding claim 5, the combination of Buiel, WILLIAMS and Cryer discloses the fracturing system of claim 1 above, WILLIAMS further discloses the chargeable power storage device is configured to disconnect from receiving power from the generator when the one or more fracturing system components draw power ([0050] “(1) producing power from an dual fuel engine/generator so as to produce an AC power output; (2) providing an energy storage system switchably connected to the load; and (3) switching power supplied to the load between one or both of the dual fuel engine/generators and the energy storage system based upon a power requirements of the load” indicate the load consuming only from the generator and the energy storage being switched off during the load consuming power from the generator and only turn-on to supplement power based on the load requirement i.e. the generator output is insufficient provide power to the load). Regarding claim 15, Buiel discloses a method of powering a fracturing system (Fig. 4 and 10) [0035], comprising: supplying power, via a common bus (Fig. 10, Main AC Bus), from a generator (Fig. 10, 80) to one or more components (Fig. 10, 100) of the fracturing system, the generator connected to the common bus via a first circuit breaker (Fig. 10, G provide energy to the system through CB GEN 86), the one or more components of the fracturing system connected to the common bus via one or more feeder breakers (Fig. 10, breakers between drawworks motor 100 and Main AC Bus); charging, via the common bus, a power storage system (Fig. 10, 90 and 92) from the generator during one or more conditions in which the load requirement of the one or more components of the fracturing system is below a set point ([0019] highest state of efficiency is the set point), the power storage system connected to the common bus via a second circuit breaker; and supplying, via the common bus (Fig. 10, Main AC Bus), power to the one or more components of the fracturing system from both the generator (Fig. 10, 80) and the power storage system (Fig. 10, 90 and 92) during one or more conditions in which the load requirement of the one or more components of the fracturing system is above the set point ([0019] [0020] peak saving function is known in the art that using local battery for supplying additional power when a main power is at its peak, in this case the two generators G). Buiel does not disclose a second circuit breaker. WILLIAMS discloses a power storage system (Fig. 3, 150) connected to the common bus (Fig. 3, 84) via a second circuit breaker (Fig. 3, 152). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Buiel to incorporate the teaching of WILLIAMS and provide a second circuit breaker and have the power storage system connected to the common bus via a second circuit breaker. Doing so would allow the battery bank to be connected to and disconnected from the microgrid to avoid any leakage current between the storage system and the microgrid when the storage system is not being used. The combination of Buiel and WILLIAMS generally discloses electrical power system for drill rigs. The combination of Buiel and WILLIAMS does not explicitly disclose the electrical power system for a fracturing system. Cryer discloses a power system for supplying power to a fracture system, a newer technique for extracting oil and nature gas (Fig. 4) [0056]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination of Buiel and WILLIAMS to incorporate the teaching of Cryer and use the power supply system in a fracture system since the facture system is the newer technique of extracting oil and gas. Doing so would allow applying the exiting power management having maximum efficiency to minimize waste electricity through resistive load, and prolong the life of the generators in the newer technique of extracting oil and nature gas. Regarding claim 16, the combination of Buiel, WILLIAMS and Cryer discloses the method of claim 15 above, Buiel further discloses the power storage system includes a chargeable power storage device (Fig. 10, 92) [0079]. Regarding claim 17, the combination of Buiel, WILLIAMS and Cryer discloses the method of claim 15 above, Buiel also discloses the method further comprising: supplying power to the one or more components of the fracturing system from the power storage system during conditions in which the generator is down [0019]. Regarding claim 18, the combination of Buiel, WILLIAMS and Cryer discloses the method of claim 15 above, WILLIAMS also discloses the power storage device disconnects from receiving power from the generator when the one or more fracturing system components draw power ([0050] “(1) producing power from an dual fuel engine/generator so as to produce an AC power output; (2) providing an energy storage system switchably connected to the load; and (3) switching power supplied to the load between one or both of the dual fuel engine/generators and the energy storage system based upon a power requirements of the load” indicate the load consuming only from the generator and the energy storage being switched off during the load consuming power from the generator and only turn-on to supplement power based on the load requirement i.e. the generator output is insufficient provide power to the load). Claim(s) 6 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Buiel, WILLIAMS and Cryer in view of Bosley et al., US Patent Publication 2001/0052704; hereinafter “Bosley”. Regarding claims 6 and 19, the combination of combination of Buiel, WILLIAMS and Cryer discloses the fracturing system and the method of claims 1 and 15 above, the combination of Buiel, WILLIAMS and Cryer does not explicitly disclose the power storage device is configured to provide power and starters for one or more generators. Bosley discloses a system battery provide power to start a generator [0075] [0077]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination of WILLIAMS and Cryer to incorporate the teaching of Bosley and use the battery bank to start the generators. Doing so would eliminate extra batteries at the generators. Regarding claim 24, the combination of Buiel, WILLIAMS and Cryer discloses the fracturing system of claim 1 above, wherein the power storage system (Buiel Fig. 10, energy storage 92) is electrically coupled to the second circuit breaker (WILLIAMS Fig. 3, energy storage 150 coupled with contactor 152 as combined in claim 1 above) controllably supply power to or receive power from the generator (Buiel discloses the generator provide power to energy storage 92 [0077]) via the second circuit breaker (through the contactor 150 disclosed by WILLIAMS as combined in claim 1 above). The combination of Buiel, WILLIAMS and Cryer does not explicitly disclose the power storage device is configured to provide power to the generator. Bosley discloses a system battery provide power to a generator to start the generator [0075] [0077]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination of WILLIAMS and Cryer to incorporate the teaching of Bosley and use the battery bank to start the generators. Doing so would eliminate extra batteries at the generators. Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Buiel, WILLIAMS and Cryer in view of WILLIAMS, US Patent Publication 2013/0271083; hereinafter “WILLIAMS ‘083”. Regarding claim 7, the combination of WILLIAMS and Cryer discloses the fracturing system of claim 1, combination of WILLIAMS and Cryer does not disclose the fracturing system further comprising: one or more additional power storage systems coupled to the microgrid. WILLIAMS ‘083 discloses power system comprising one or more additional power storage systems (Fig. 3, 70 and 72) coupled to a microgrid (Fig. 3,86). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination of WILLIAMS and Cryer to incorporate the teaching of WILLIAMS ‘083 and provide one or more additional power storage systems coupled to the microgrid. Doing so would allow the system extending the UPS time if the generator is offline due to longer maintenance. Conclusion THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to THAI H TRAN whose telephone number is (571)270-0668. The examiner can normally be reached M - F 8:30 - 5:00. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rexford Barney can be reached at 571-272-7492. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /THAI H TRAN/Examiner, Art Unit 2836 /REXFORD N BARNIE/Supervisory Patent Examiner, Art Unit 2836
Read full office action

Prosecution Timeline

Nov 02, 2020
Application Filed
Sep 30, 2022
Non-Final Rejection — §103
Apr 14, 2023
Response Filed
Jul 11, 2023
Final Rejection — §103
Oct 17, 2023
Response after Non-Final Action
Dec 15, 2023
Request for Continued Examination
Dec 18, 2023
Response after Non-Final Action
May 09, 2024
Non-Final Rejection — §103
Nov 25, 2024
Response Filed
Dec 26, 2024
Final Rejection — §103
Apr 02, 2025
Response after Non-Final Action
Apr 25, 2025
Request for Continued Examination
Apr 28, 2025
Response after Non-Final Action
Aug 08, 2025
Non-Final Rejection — §103
Nov 12, 2025
Response Filed
Feb 18, 2026
Final Rejection — §103 (current)

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Prosecution Projections

7-8
Expected OA Rounds
72%
Grant Probability
98%
With Interview (+25.4%)
3y 0m
Median Time to Grant
High
PTA Risk
Based on 337 resolved cases by this examiner. Grant probability derived from career allow rate.

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