Prosecution Insights
Last updated: July 17, 2026
Application No. 18/982,169

CELLULAR NETWORK HAVING ENERGY LOAD SHIFTING

Non-Final OA §102
Filed
Dec 16, 2024
Priority
Dec 20, 2023 — provisional 63/612,562
Examiner
DEROSE, VOLVICK
Art Unit
Tech Center
Assignee
Talkingheads Wireless Inc.
OA Round
1 (Non-Final)
90%
Grant Probability
Favorable
1-2
OA Rounds
7m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 90% — above average
90%
Career Allowance Rate
571 granted / 633 resolved
+30.2% vs TC avg
Moderate +11% lift
Without
With
+10.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 2m
Avg Prosecution
23 currently pending
Career history
648
Total Applications
across all art units

Statute-Specific Performance

§101
1.6%
-38.4% vs TC avg
§103
73.0%
+33.0% vs TC avg
§102
18.5%
-21.5% vs TC avg
§112
1.4%
-38.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 633 resolved cases

Office Action

§102
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . DETAILED ACTION Claims 1-20 are presented for examination Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention. Claims 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Eleftheriadis (US Patent Application 20210296926). As per claim 1, Eleftheriadis teaches a cellular network system [base station: 0003], comprising: an energy controller [power controller: 0006] having a processor [620, fig. 6] and memory [650, fig. 6] configured to: provision a battery backup [battery, fig. 1] to supply power to the system for X number of hours [0007, as shown in figure 1, the battery can supply back up power to the system for specific amount of time during grid power outage. For example, the top graph illustrates power supplied to the network device by two backup batteries during four outage periods: T1, T2, T3 and T4. T1, T2 and T3 last less than two hours each while T4 lasts more than four hours. The middle graph illustrates discharging (i.e., supplying the necessary power to the network device is represented as positive) and charging of the first battery (when outage is over power grid supplies the charging power represented as negative). The bottom graph illustrates discharging (i.e., supplying the necessary power to the network device) and charging of the second battery (the first and second battery being based on different technologies). In this case, the first battery is preferentially used (for example, because it is cheaper)]. load shift power to the system between mains power and the battery backup based on one or more characteristics [power-related historic information: 0029] of the mains power [0029-0037, as pointed out based on the historical information or historical condition as well as current condition, then backup power can pe provided to the system when there is outage. For example, conditions may include: [0035] 1) P=power currently used (i.e., current load); [0036] 2) tday=time of day (as outages are more likely during peak hours); [0037] 3) tweek=day of the week (as grid reliability may differ on weekends versus work days)]. As per claim 2, Eleftheriadis teaches the one or more characteristics of the mains power includes a cost schedule having on-peak and off-peak rates [0036-0037, 0054, as pointed out the cost of the of charging/discharging can be taken into consideration as well as scheduling information. For example, a battery used as a backup power source and performing fewer discharging/charging cycles, battery life is extended. By delaying recharging until the price of grid power is lower, operation cost is reduced]. As per claim 3, Eleftheriadis teaches the one or more characteristics of the mains power includes historical usage [0029-0032, as pointed out, the characteristic can include historical usage information. For example, historic information may include: [0031] 1) date, time of day and duration of past power outages, [0032] 2) the evolution of the network device's load (i.e., the network device's power level as a function of time), and [0033] 3) previous outage prediction performance for similar conditions]. As per claim 5, Eleftheriadis teaches the one or more characteristics of the mains power includes at least historical daily usage, historical seasonal usage, and predicted transient usage [0030-0040, daily usage information is part of historical information. For example, tday=time of day (as outages are more likely during peak hours. As well as weather prediction that is obtaining from weather services]. As per claim 6, Eleftheriadis teaches the energy controller is further configured to load shift power to the system between mains power and the battery backup for minimal cost based on the cost schedule [0028, 0058 enable the shifting by taking minimal grid cost into consideration. For example, a battery used as a backup power source and performing fewer discharging/charging cycles, battery life is extended. By delaying recharging until the price of grid power is lower, operation cost is reduced]. As per claim 7, Eleftheriadis teaches the energy controller is further configured to select the battery backup during an N most expensive hours of day according to the cost schedule [0009, 0048, manage the cost of the battery when the cost of the grid is less or simply select a rechargeable battery based on requirement]. As per claim 8, Eleftheriadis teaches the energy controller is further configured to select the mains power during lower cost hours in the cost schedule to recharge the battery backup [0009, recharge the battery when the cost is minimized]. As per claim 10, Eleftheriadis teaches the one or more characteristics of batteries in the battery backup include battery charge/discharge characteristics [0007, figure 1 show the charge and discharge characteristic of the battery which includes charge and discharge]. As per claim 11, Eleftheriadis taches the energy controller is further configured to use optimal battery charging rates in determining the minimal cost [0009, 0028, charging with minimal cost. For example, at least one battery among the backup sources is used more than once without recharging so as to minimize recharging cost and the number of discharging/recharging cycles]. As per claim 12, Eleftheriadis teaches the energy controller is further configured to includes multiple price spikes in a day to recharge the battery backup in price dips [0047, delaying rechargeable when the grid cost is low. For example, delaying the recharging also allows scheduling this operation when the grid power price is low. A battery power counter may be used to monitor battery charging state]. As per claim 13, Eleftheriadis teaches the energy controller is further configured to use a prediction of daily usage of the battery backup usage to predict how long the battery backup will last [0041, 0052, 0054, daily backup plan prediction as well as forecast upcoming outage. For example, various ML techniques may be employed to predict future power outages and their duration]. As per claims 14-20, they do not teach or further define over the limitations recited in the rejected claims above. Therefore, claim 14-20 are also anticipated by Eleftheriadis for the same reasons set forth in the rejected claims above. To help with the prosecution of this application, an additional rejection is given for the independent claims Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 1 and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nocete (US Patent Application 20240214925). As per claim 1, Nocete teaches a cellular network system [111, fig. 3], comprising: an energy controller [308, fig. 4] having a processor [403, fig. 4] and memory [404, fig. 4] configured to: provision a battery backup [305, fig. 3] to supply power to the system for X number of hours [0043-0044, as pointed out the rectifier enable the batter to be charged to provide backup power for specific amount of time. Foor example, as desired or required for operations) under 100 W (in this case, the power is calculated per RU power consumption and is a variable quantity) AC system, 48.1V/65 Ah battery that can last for about 150 minutes with a full load]. load shift power to the system between mains power and the battery backup based on one or more characteristics [historical outage data: 0132] of the mains power [0055, 0072, 0132, as pointed out during AC power outage, the battery backup can be used for the cellular based station where it is related to the historical outage and battery usage. For example, OBF 701/801 framework may be programmed to look for certain variables at predetermined times, and may, in real-time or non-real time, make a determination and/or recommendation as to if, when, and how to manipulate power usage at particular cell sites. For example, the OBF 701/801 may be able to assess the type of power outage and a likely resolution time based upon stored history of other power outages. The OBF 701/801 may also utilize data regarding critical services and which cell sites the critical services are utilizing, as well as data regarding which cell sites are operational due to being unaffected or otherwise having a battery backup]. As per claims 14, they do not teach or further define over the limitations recited in the rejected claims above. Therefore, claim 14 is also anticipated by Nocete for the same reasons set forth in the rejected claims above. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Papa (US 20190274105) teaches Base Station Power Management Using Solar Panel And Battery Forecasting. Hanley (US 20170331326) teaches Methods and Equipment for Providing Backup Power In Cellular Base Stations. Any inquiry concerning this communication or earlier communications from the examiner should be directed to VOLVICK DEROSE whose telephone number is (571)272-6260. The examiner can normally be reached on Monday-Friday 9AM-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, Jaweed Abbaszadeh can be reached on 571.270.1640. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /VOLVICK DEROSE/Primary Examiner, Art Unit 2176
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Prosecution Timeline

Dec 16, 2024
Application Filed
Jun 16, 2026
Non-Final Rejection mailed — §102 (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

1-2
Expected OA Rounds
90%
Grant Probability
99%
With Interview (+10.6%)
2y 2m (~7m remaining)
Median Time to Grant
Low
PTA Risk
Based on 633 resolved cases by this examiner. Grant probability derived from career allowance rate.

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