Prosecution Insights
Last updated: July 05, 2026
Application No. 19/199,569

BATTERY BACKUP SYSTEM FOR FAIL-SAFE ELECTRIC ACTUATORS

Non-Final OA §103
Filed
May 06, 2025
Priority
May 06, 2024 — provisional 63/643,225
Examiner
TRAN, THAI H
Art Unit
2836
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Max-Air Technology Inc.
OA Round
1 (Non-Final)
72%
Grant Probability
Favorable
1-2
OA Rounds
1y 9m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allowance Rate
247 granted / 343 resolved
+4.0% vs TC avg
Strong +26% interview lift
Without
With
+25.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
22 currently pending
Career history
375
Total Applications
across all art units

Statute-Specific Performance

§103
90.4%
+50.4% vs TC avg
§102
7.8%
-32.2% vs TC avg
§112
1.0%
-39.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 343 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 . This Office Action responses to the Application filed on 05/06/2025. Priority Applicant's claim for the benefit of a prior-filed application under 35 U.S.C. 120 is acknowledged. This application claims priority from U.S. Provisional Patent Application No. 63/643,225, filed on 05/06/2024. Claims 1-20 are pending for examination. 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 Objections Claims 12 and 20 is objected to because of the following informalities. Regarding claim 20, the claim recites “wherein the control board includes to a voltage boost system” should be “wherein the control board includes [[to]] a voltage boost system” Regarding claim 20, line 4 recites “voltage of the battery pack” should be “the first Lithium-Iron- Phosphate battery pack”. Appropriate correction is required. 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) 1-12 and 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over TAN et al., US Patent Publication 20210184489; hereafter TAN in view of Thieme et al., US Patent Publication 20160137092; hereinafter Thieme. Regarding claim 1, TAN discloses an internal battery backup system (Figs. 1-3) [0005] for an electric actuator [0040] connected to a valve [0040] or damper (having a housing (Fig. 1, housing 1) with an internal cavity (Fig. 1, housing 1 has internal cavity), the system comprising: a first Lithium-Iron-Phosphate cell (Fig. 1, battery cells pack 6) ([0049] “Secondary Lithium and similar battery cell technologies are able to be utilized” indicates Lithium-Iron-Phosphate is also included since Lithium-Iron-Phosphate batteries commercialized well before the reference affective filing date) [0047] configured for placement in the internal cavity of the actuator (Fig. 1, battery pack 6 is inside the housing 1); a control board (Fig. 1, 3 and 7, the disclosure indicates many electronic components that required to mount on a circuit board) coupled to the first Lithium-Iron-Phosphate cell (Fig. 1, battery cells pack 6) having circuitry for sensing a fault condition (Fig. 3, step 104 “is Mains power OK?”) and activating the first Lithium-Iron-Phosphate cell to provide power (Fig. 3, step 126) to initiate fail-safe positioning by the actuator [0002] [0062]. TAN discloses the lithium battery and “similar battery cell technologies are able to be utilized” [0049]. Tan does not explicitly disclose the first Lithium battery cell is a Lithium-Iron-Phosphate cell. Thieme discloses a system using Lithium-Iron-Phosphate cell. 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 TAN to incorporate the teaching of Thieme and use Lithium-Iron-Phosphate cell. Doing so would allow to have an improvement of the Lithium-Iron-Phosphate cell such as long cycle life, thermal stability, high discharge, and low self-discharge rate since the Lithium-Iron-Phosphate batteries commercialized well before the reference affective filing date and known for the aforementioned benefits. Regarding claim 2, the combination of TAN and Thieme discloses the internal battery backup system of claim 1 above, TAN also discloses the internal battery backup system further comprising a second Lithium-Iron- Phosphate cell configured for placement in the internal cavity of the actuator coupled to the control board (Fig. 1, battery cells pack 6) [0041]. Regarding claim 3, the combination of TAN and Thieme discloses the internal battery backup system of claim 1 above, TAN also discloses the control board (Fig. 2, 12) is coupled to the mains power line (Fig. 1, external power supply) providing power to the actuator [0005]. Regarding claim 4, the combination of TAN and Thieme discloses the internal battery backup system of claim 3 above, TAN also discloses the control board is configured to sense a loss of power in the mains power line (Fig. 3, step 104 no on “is Mains power OK?”). Regarding claim 5, the combination of TAN and Thieme discloses the internal battery backup system of claim 4 above, TAN also discloses the control board activates the first Lithium-Iron-Phosphate cell when a loss of power is sensed in the mains power line (Fig. 3, step 126). Regarding claim 6, the combination of TAN and Thieme discloses the internal battery backup system of claim 1 above, TAN also discloses the control board is coupled to a temperature sensing device [0020]. Regarding claim 7, the combination of TAN and Thieme discloses the internal battery backup system of claim 6 above, TAN also discloses the control board is configured to compare a temperature reading from the temperature sensing device with a set limit temperature range and to provide a signal if the temperature reading is outside the set limit temperature range [0009] [0013]. Regarding claim 8, the combination of TAN and Thieme discloses the internal battery backup system of claim 1 above, TAN also discloses the control board is configured to determine a voltage level of the first Lithium-Iron-Phosphate cell and to provide a signal if the voltage level of the first Lithium-Iron-Phosphate cell falls below a set limit (Fig. 3, step 128). Regarding claim 9, the combination of TAN and Thieme discloses the internal battery backup system of claim 1 above, TAN discloses the first Lithium-Iron-Phosphate cell and the second Lithium-Iron-Phosphate cell can be connected in series. TAN does not disclose the first Lithium-Iron-Phosphate cell and the second Lithium-Iron-Phosphate cell are coupled in parallel. Thieme discloses cells can be connected in parallel to increase current capacity. 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 TAN to incorporate the teaching of Thieme and connect the first Lithium-Iron-Phosphate cell and the second Lithium-Iron-Phosphate cell in parallel. Doing so would allow supply enough power to the electric actuator since connect battery cells in parallel to increase current to a load is well-known practice in the art. Regarding claim 10, the combination of TAN and Thieme discloses the internal battery backup system of claim 1 above, TAN also discloses the control board is coupled to field control system ([0039] “power generation industries, oil and gas flow control” indicates the actuator is a part of a field control system). Regarding claim 11, the combination of TAN and Thieme discloses the internal battery backup system of claim 1 above, TAN also discloses the control board includes a charging circuit and a discharge circuit [0011]-[0013]. Regarding claim 12, the combination of TAN and Thieme discloses the internal battery backup system of claim 11 above, TAN does not disclose the control board includes to a voltage boost system. Thieme discloses a system having a boost system in a power and management unit [0088]. 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 TAN to incorporate the teaching of Thieme and have the control board includes to a voltage boost system. Doing so would allow increase the battery voltage to an operating voltage that required by the electric actuator, since using a boost converter to adjust a lower voltage to a higher voltage that required by a load is a common knowledge in the art. Regarding claim 18, TAN discloses an internal battery backup system (Figs. 1-3) [0005] for an electric actuator [0040] comprising: a first Lithium-Iron-Phosphate battery pack (Fig. 1, battery cells pack 6) ([0049] “Secondary Lithium and similar battery cell technologies are able to be utilized” indicates Lithium-Iron-Phosphate is also included since Lithium-Iron-Phosphate batteries commercialized well before the reference affective filing date) containing a first Lithium-Iron-Phosphate cell and a second Lithium-Iron-Phosphate cell (Fig. 1, battery cells pack 6) ([0049]; and, a power and management unit (Fig. 1, 3 and 7) connected to the first Lithium-Iron-Phosphate battery pack (Fig. 1, battery cells pack 6) configured to charge the cells in the Lithium-Iron-Phosphate battery pack [0011]-[0013] from a mains power supply (Fig. 2, external power supply) and to discharge the cells to the electric actuator (Fig. 3, step 126) upon sensing a fault condition in the mains power supply (Fig. 3, step 104 no on “is Mains power OK?”). TAN discloses the lithium battery and “similar battery cell technologies are able to be utilized” [0049]. TAN does not explicitly disclose the first Lithium battery cell is a Lithium-Iron-Phosphate cell. Thieme discloses a system using Lithium-Iron-Phosphate cell. 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 TAN to incorporate the teaching of Thieme and use Lithium-Iron-Phosphate cell. Doing so would allow to have an improvement of the Lithium-Iron-Phosphate cell such as long cycle life, thermal stability, high discharge, and low sef-discharge rate since the Lithium-Iron-Phosphate batteries commercialized well before the reference affective filing date and known for the aforementioned benefits. Regarding claim 19, the combination of TAN and Thieme discloses the internal battery backup system of claim 18 above, TAN discloses the Lithium-Iron-Phosphate pack connected to the power and management unit. TAN does not disclose a second Lithium- Iron-Phosphate battery pack. Thieme discloses a system using two battery packs (Fig. 328) [0047]. 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 TAN to incorporate the teaching of Thieme and have a second Lithium- Iron-Phosphate battery pack. Doing so would allow increase working time of the electric actuator when the main power failed. Regarding claim 20, the combination of TAN and Thieme discloses the internal battery backup system of claim 18 above, TAN does not disclose the internal battery backup system further comprising a boost system in the power and management unit. Thieme discloses a system having a boost system in a power and management unit [0088]. 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 TAN to incorporate the teaching of Thieme and have a boost system in the power and management unit. Doing so would allow increase the battery voltage to an operating voltage that required by the electric actuator, since using a boost converter to adjust a lower voltage to a higher voltage that required by a load is a common knowledge in the art. Claim(s) 13 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over TAN and Thieme in view of Ottenstein, US Patent 3,665,945; hereinafter Ottenstein. Regarding claim 13, the combination of TAN and Thieme discloses the internal battery backup system of claim 1 above, TAN does not disclose the control board is coupled to an end-of-travel switch. Ottenstein discloses an electric actuator system having an end-of-travel switch (Column 5, lines 46-69). 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 TAN and Thieme to incorporate the teaching of Ottenstein and have the control board is coupled to an end-of-travel switch. Doing so would allow to stop the motor to save battery power and not to damage the motor since having an end-of-travel switch is a common knowledge in the art. Regarding claim 14, the combination of TAN, Thieme and Ottenstein discloses the internal battery backup system of claim 1 above, Ottenstein further discloses de-actives the battery cell when the control board senses activation of the end-of-travel switch (Column 5, lines 46-69). Claim(s) 15-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over TAN and Thieme in view of Afzal et al., US Patent Publication 20040085793; hereinafter Afzal. Regarding claim 15, the combination of TAN and Thieme discloses the internal battery backup system of claim 12 above, the combination of TAN and Thieme discloses the voltage boost system. The combination of TAN and Thieme does not explicitly disclose detail of the boost system having an inductor, a capacitor and a MOSFET gate. Afzal discloses a voltage boost system having an inductor, a capacitor and a MOSFET gate. When the boost system operates, the MOSFET gate turn off and cause a direct current (DC) voltage directed through an inductor (Fig. 2C, L2) to charge a capacitor (Fig. 2C, C19) in the voltage boost system. 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 combination of TAN and Thieme to incorporate the teaching of Afzal and have a direct current voltage from the first and second Lithium-Iron-Phosphate cells is directed through an inductor to a capacitor in the voltage boost system, since a voltage boost system having an inductor, a capacitor and a MOSFET gate and their operation are well-known in the art. Regarding claim 16, the combination of TAN, Thieme and Afzal discloses the internal battery backup system of claim 15 above, Afzal further discloses the voltage boost system includes a MOSFET gate (Fig. 2C, Q8) that enables current to flow through the inductor to ground when the boost system is in a drain phase (Fig. 2C, when Q8 is on, current flowing through L2 to ground). Regarding claim 17, the combination of TAN, Thieme and Afzal discloses the internal battery backup system of claim 15 above, Afzal further discloses the MOSFET gate enables current to flow through the inductor to the capacitor when the boost system is in a charge cycle (Fig. 2C, when Q8 is off, current flowing through L2 to charge C19). Conclusion 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

May 06, 2025
Application Filed
Apr 22, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12671265
ENERGY COUPLING METHOD AND SYSTEM FOR HOUSEHOLD ENERGY STORAGE
2y 7m to grant Granted Jun 30, 2026
Patent 12636955
DC-DC CONVERTER, VEHICLE AND CONTROL METHOD INCLUDING THE SAME
3y 0m to grant Granted May 26, 2026
Patent 12633743
ELECTRICAL GRID HAVING A PROTECTION
1y 10m to grant Granted May 19, 2026
Patent 12627152
POWER SYSTEM AND POWER CONTROL METHOD
2y 6m to grant Granted May 12, 2026
Patent 12627147
INTEGRATED SWITCHED CAPACITOR BANK WITH ZERO CLOSE CONTROL
1y 7m to grant Granted May 12, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

1-2
Expected OA Rounds
72%
Grant Probability
98%
With Interview (+25.8%)
2y 11m (~1y 9m remaining)
Median Time to Grant
Low
PTA Risk
Based on 343 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month