Prosecution Insights
Last updated: May 29, 2026
Application No. 18/177,421

LOAD THROTTLING FOR BATTERY OPERATED DEVICES

Non-Final OA §103
Filed
Mar 02, 2023
Examiner
ACOLATSE, KODZOVI
Art Unit
2478
Tech Center
2400 — Computer Networks
Assignee
Rosemount Inc.
OA Round
3 (Non-Final)
84%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allowance Rate
774 granted / 926 resolved
+25.6% vs TC avg
Strong +22% interview lift
Without
With
+21.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
33 currently pending
Career history
977
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
85.4%
+45.4% vs TC avg
§102
11.7%
-28.3% vs TC avg
§112
0.9%
-39.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 926 resolved cases

Office Action

§103
DETAILED ACTION Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 3/23/2026 has been entered. 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 . Claims 1-20 are pending in this office action. Response to Arguments Applicant's arguments filed 3/23/26 have been fully considered but are moot in view of new grounds of rejection. Claim Rejections - 35 USC § 103 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. Claims 1, 2 and 4-20 are rejected under 35 U.S.C. 103 as being unpatentable over Nokkonen et al (WO 2013/060802 A1) in view of Reed (US 2023/0028436 A1). Regarding claim 1, Nokkonen teaches a device (Nokkonen: Fig. 1; device 10), comprising: a radio; a battery configured to supply power to the radio for radio operation; a radio controller configured to control radio operation (Nokkonen: Fig. 1, PMU 101/radio controller); and a voltage indicating circuit (Nokkonen: Fig. 1, PMU 101 with Gauge 103) configured to monitor a voltage of the battery, and to provide an output signal indicative of a battery voltage sufficient to power radio operation (Nokkonen: Fig. 1; [0029] output signal PeakDet); wherein when the output signal is active, the radio controller allows operation of the radio on the predetermined schedule (Nokkonen: Fig. 1; [0030] when the output signal PeakDet is de-asserted); and wherein when the output signal is inactive, the radio controller adjusts operation of the radio to maintain radio operation (Nokkonen: Fig. 1; [0029], [0034] when the output signal PeakDet is asserted). Nokkonen does not explicitly disclose the radio is operating on a predetermined schedule of operation of radio transmissions and radio reception. Reed teaches radio is operating on a predetermined schedule of operation of radio transmissions and radio reception (Reed: Figs. 1-2; [0031]; [0096], battery level drop based on active period/schedule of a radio transmission). It would have been obvious to a person having an ordinary skill in the art before the effective filling date of the claimed invention to modify the system of Nokkonen wherein the radio is operating on a predetermined schedule of operation of radio transmissions and radio reception as disclosed by Reed to provide a system for monitoring energy usage of battery powered wirelessly linked devices (Reed: Abstract). Regarding claim 13, Nokkonen teaches a method of radio load throttling in a device, comprising: monitoring available power from battery of the device; and controlling radio frequency (RF) activity of the radio based on available power from a battery of the device (Nokkonen: Fig. 1; [0029]-[0030] monitoring battery power and asserting/de-asserting an output signal PeakDet); wherein controlling RF activity comprises: when the battery has sufficient power for scheduled RF activity, operating the radio on a known transmitting and receiving schedule (Nokkonen: Fig. 1; [0030] when the output signal PeakDet is de-asserted); and when the battery does not have sufficient power for scheduled RF activity, adjusting the RF activity to maintain radio operation (Nokkonen: Fig. 1; [0029], [0034] when the output signal PeakDet is asserted). Nokkonen does not explicitly disclose receiving the schedule of operating of radio transmissions and radio reception. Reed teaches receiving the schedule of operating of radio transmissions and radio reception (Reed: Figs. 1-2; [0031]; [0096], battery level drop based on active period/schedule of a radio transmission). It would have been obvious to a person having an ordinary skill in the art before the effective filling date of the claimed invention to modify the system of Nokkonen by receiving the schedule of operating of radio transmissions and radio reception as disclosed by Reed to provide a system for monitoring energy usage of battery powered wirelessly linked devices (Reed: Abstract). Regarding claim 2, Nokkonen teaches wherein maintaining operation of the radio comprises maintaining a supply voltage greater than a reset voltage for the radio (Nokkonen: Fig. 1; [0029]-[0030] monitoring battery power and de-asserting an output signal PeakDet when voltage is above a threshold). Regarding claim 4, Nokkonen teaches wherein the radio controller adjusts operation of the radio by changing the schedule to a lower frequency of radio operation when the output signal is inactive (Nokkonen: Figs. 1 and 4; [0029]-[0030] reduce the frequency of the processor clock). Regarding claim 5, Nokkonen teaches wherein the radio controller is configured to provide a low voltage alert when the output signal is inactive (Nokkonen: Fig. 1; [0029], [0034] when the output signal PeakDet is asserted). Regarding claim 6, Nokkonen teaches wherein the radio controller is configured to follow the predetermined schedule with a voltage check of the battery prior to every transmission or reception in the predetermined schedule, and to load throttle when the output signal is inactive (Nokkonen: Figs. 1-4; [0029]-[0030], [0034] monitoring battery power and de-asserting an output signal PeakDet when voltage is above a threshold). Regarding claim 7, Nokkonen teaches wherein the radio controller is further configured to monitor the output signal during active transmissions and receptions of the radio, and to throttle transmissions and receptions when the output signal switches to inactive (Nokkonen: Figs. 1-4; [0029]-[0030], [0034] monitoring battery power and de-asserting an output signal PeakDet when voltage is above a threshold). Regarding claim 8, Nokkonen teaches further comprising a bulk storage component coupled between the battery and the radio controller and configured to supply power for transmissions and receptions prior to using power from the battery (Nokkonen: Figs. 1-2; [0024]-[0028]). Regarding claim 9, Nokkonen teaches wherein the bulk storage component is charged using power from the battery when the radio is idle (Nokkonen: Figs. 1-2; [0024]-[0028], [0038]). Regarding claim 10, Nokkonen teaches wherein the bulk storage component comprises a bulk storage capacitor charged by the battery, and wherein when a transmission or reception according to the predetermined schedule is to be made, power for the radio is provided by enabling the bulk storage capacitor for powering the transmission or reception (Nokkonen: Figs. 1-2; [0024]-[0028], [0038]). Regarding claim 11, Nokkonen teaches wherein the bulk storage component further comprises a power sharing resistor coupled between the battery and the bulk storage capacitor (Nokkonen: Figs. 1-2; [0024]-[0028], [0038]). Regarding claim 12, Nokkonen teaches wherein the voltage indicating circuit comprises: a comparator having an inverting input and a non-inverting input, and an output; a sense resistor coupled between a positive terminal of the battery and the non-inverting input of the comparator; and a voltage divider providing a reference voltage coupled to the inverting input of the comparator, the comparator configured to output an active signal when the battery voltage exceeds the reference voltage, and to output an inactive output signal when the battery voltage drops below the reference voltage (Nokkonen: Figs. 1-2; [0024]-[0028], [0038]). Regarding claim 14, Nokkonen teaches wherein controlling RF activity to maintain radio operation comprises protecting the radio against radio reset (Nokkonen: Figs. 1-4; [0029]-[0030]). Regarding claim 15, Nokkonen teaches wherein monitoring available power comprises: sensing a battery voltage with a voltage indicating circuit; comparing the sensed battery voltage against a low voltage threshold; providing an output signal that is active when the battery has sufficient power and that is inactive when the battery does not have sufficient power (Nokkonen: Figs. 1-4; [0029]-[0030]). Regarding claim 16, Nokkonen teaches wherein controlling RF activity of the radio is performed by a radio controller, the radio controller receiving the output signal and adjusting operation of the radio by disabling the radio when the output signal is inactive (Nokkonen: Figs. 1-4; [0029]-[0030]). Regarding claim 17, Nokkonen teaches wherein controlling RF activity of the radio is performed by changing the schedule to a lower frequency of radio operation when the output signal is inactive (Nokkonen: Figs. 1 and 4; [0029]-[0030] reduce the frequency of the processor clock). Regarding claim 18, Nokkonen teaches and further comprising sensing the battery voltage check of the battery prior to every transmission or reception in the predetermined schedule, and load throttling when the output signal is inactive (Nokkonen: Figs. 1-4; [0029]-[0030]). Regarding claim 19, Nokkonen teaches further comprising monitoring the output signal during active transmissions and receptions of the radio, and throttling transmissions and receptions when the output signal switches to inactive (Nokkonen: Figs. 1-4; [0029]-[0030]). Regarding claim 20, Nokkonen teaches further comprising charging a bulk storage component configured to supply power for transmissions and receptions during idle periods of RF activity (Nokkonen: Figs. 1-4; [0029]-[0030]). Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Nokkonen et al (WO 2013/060802 A1) in view of Reed (US 2023/0028436 A1) in further view of Nunez et al (US 2018/0090942 A1). Regarding claim 3, Nokkonen does not explicitly disclose wherein the radio controller adjusts operation of the radio by disabling the radio when the output signal is inactive. Teaches wherein the radio controller adjusts operation of the radio by disabling the radio when the output signal is inactive (Nunez: Fig. 1; [0053], radio features disabled). It would have been obvious to a person having an ordinary skill in the art before the effective filling date of the claimed invention to modify the system of Nokkonen in view of reed wherein the radio controller adjusts operation of the radio by disabling the radio when the output signal is inactive as disclosed by Nunez to provide a system for charging a battery-powered accessory from a primary battery-powered device (Nunez: Abstract). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to KODZOVI ACOLATSE whose telephone number is (571)270-1999. The examiner can normally be reached Monday to Friday 10 am to 6pm. 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, Avellino Joseph can be reached at (571) 272-3905. 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. /KODZOVI ACOLATSE/Primary Examiner, Art Unit 2478
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Prosecution Timeline

Mar 02, 2023
Application Filed
Jul 22, 2025
Non-Final Rejection mailed — §103
Nov 18, 2025
Response Filed
Jan 07, 2026
Final Rejection mailed — §103
Mar 03, 2026
Response after Non-Final Action
Mar 23, 2026
Request for Continued Examination
Apr 14, 2026
Response after Non-Final Action
Apr 27, 2026
Non-Final Rejection mailed — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
84%
Grant Probability
99%
With Interview (+21.5%)
2y 6m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 926 resolved cases by this examiner. Grant probability derived from career allowance rate.

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