Prosecution Insights
Last updated: April 19, 2026
Application No. 18/005,315

VALVE CONTROL DEVICE, PROCESS ENGINEERING PLANT HAVING A VALVE CONTROL DEVICE, DIAGNOSTIC METHOD AND USE OF A VALVE CONTROL DEVICE

Non-Final OA §102
Filed
Sep 06, 2023
Examiner
LE, JOHN H
Art Unit
2857
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Samson Aktiengesellschaft
OA Round
1 (Non-Final)
88%
Grant Probability
Favorable
1-2
OA Rounds
2y 8m
To Grant
95%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allow Rate
1286 granted / 1464 resolved
+19.8% vs TC avg
Moderate +7% lift
Without
With
+7.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
53 currently pending
Career history
1517
Total Applications
across all art units

Statute-Specific Performance

§101
28.6%
-11.4% vs TC avg
§103
26.2%
-13.8% vs TC avg
§102
20.5%
-19.5% vs TC avg
§112
15.4%
-24.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1464 resolved cases

Office Action

§102
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 . 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. Claim(s) 1-16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Friman et al. (WO 2020/049214 A1) Regarding claims 1 and 7, Friman et al. disclose a positioner for a valve control device of a process plant and method (page 6, line 28 to page 10, line 15, Figs 1-5), comprising: a first signal input for a command signal, including a process control signal from a process controller of the process plant (A basic block diagram of an exemplary microcontroller-based smart valve positioner, such as positioner 2, is shown in Figure 3. Figure 4 shows a more detailed schematic block diagram of an exemplary intelligent valve controller 2. The exemplary positioner 2 may comprise a microcontroller unit 21 with an electrical control output 26 and a pneumatic unit 23/25, the pneumatic unit 23/25 may receive the electrical control signal 26 and convert it to a pneumatic actuator pressure pi at an actuator port C1, which may be connected to a single-acting actuator pressure supply line 33), and a second signal input for an actual value position signal relating to a control valve, the positioner being configured to generate a control variable for an actuator to actuate the control valve, based on the command signal and the actual value position signal (The supply pressure sensor PS may be arranged to measure the pneumatic supply pressure SP at the supply port SP and to provide a measured supply pressure spmeas signal. The pneumatic unit may comprise a pre stage 23 and an output stage 25. The pre stage 23 may perform an electric-to- voltage (I/P) conversion of an electric control signal 26 into a pneumatic control signal 24 (pilot pressure) sufficient to control the output stage 25. The supply port S of the output stage 25 may be connected to an external supply air pressure S. The output stage 25 may amplify the small pneumatic pilot signals at actuator ports C1 and C2 into larger pneumatic actuator pressure outputs 33 and 34 to move the diaphragm piston 32 of the actuator 3. A position sensor 22 may be provided to measure the position of the actuator 3 or control valve 1 and to provide the measured valve position (valve opening) hmeas signal to the microcontroller system 21), wherein the positioner is further configured to calculate, using a configurable controller model relating to the process controller and based on the command signal, an approximation signal being configured such that a signal generated based on the approximation signal by the process controller corresponds to the command signal (For example, the position sensor 22 may be arranged to measure the rotation of the shaft 31 of the actuator 3, which rotation is indicative of the valve position or opening degree. The microcontroller system 21 may control the valve position according to a control algorithm running in the microcontroller system 21. It will be appreciated that the particular control algorithm used is not relevant to the present invention. In the exemplary valve positioner 2 shown in Figure 3, control is performed by an embedded valve controller software module 210, which is stored and running in a microcontroller system 21. To this end, the embedded valve controller module 210 may receive an input signal (set point hsp), which may be received over a process/fieldbus 7 (e.g. 4-20 mA pair and HART) connected to the connector 27, as shown in Fig. 4. The embedded valve controller module 210 may also receive the measured valve position hmeas from the position sensor 22 and one or more of a measured actuator pressure p1meas from the actuator pressure sensor P1 and another measured actuator pressure p2meas from another actuator pressure sensor P2. Further, the embedded valve controller module 210 may receive the measured supply pressure spmeas from the supply pressure sensor PS. Based on the set point and the measured value, the embedded valve controller module 210 may control the value of the electrical control signal 26 to achieve the desired control action (equivalent to the position regulator being set up for generating regulation parameters, in particular air pressure, for operating the actuator of the regulating valve based on the pilot signal and the position actual signal. And comprising a control output for adjusting a parameter, in particular air pressure. Figure 6 shows a basic functional block diagram of an exemplary microprocessor system of a valve positioner, such as microprocessor system 21 of the valve positioner shown in the examples of Figures 3 and 4. The microprocessor system 21 can be configured to store and run the embedded valve controller software module 210 and the embedded tracking digital twin software module 211. The embedded valve controller software module 210 may, for example, be similar to the embedded valve controller software module 210 described above with reference to the examples of Figures 3 and 4. In embodiments, the embedded valve controller may receive the set point position and the measured valve position and output a control signal to control the pneumatic actuator pressure of the pneumatic valve actuator to thereby control the valve position of the control valve. In the exemplary embodiment shown in Figure 6, the embedded valve controller software module 210 may receive the set point hsp of the valve position, the measured valve position (valve opening) hmeas and the measured actuator pressure p1meas (optionally the further measured actuator pressure p2meas, in particular in case the actuator 3 is a double acting actuator). Further, the embedded valve controller module 210 may receive the measured supply pressure spmeas. Based on the set points and measurements, the embedded valve controller module 210 may control the values of the electrical control signals 26 to achieve desired control actions in the physical valve assembly according to the control algorithm or method employed in the particular application. In an embodiment, the embedded tracking digital twin can be configured to receive control and control actions identical to control and control actions provided by the embedded valve controller to the physical pneumatic actuator and/or the physical control valve, and in response to the control and the control action, generating at least one simulated measurement (representing a simulated result of the control action) corresponding to at least one real physical measurement measured from the physical pneumatic actuator and/or the physical control valve. In the example embodiment illustrated in FIG. 6, the embedded tracking digital twin module 211 can receive a control signal representative of actual control of at least a portion of the physical valve assembly and one or more actual measurements related to an outcome of the actual control in the at least a portion of the physical valve assembly. Such control signals may include the electrical control signal 26 and/or one or more actual measurements. The actual measured values relating to the outcome of the actual control in at least a part of the physical valve assembly may comprise one or more of the following: measured valve position ( valve opening) hmeas, measured actuator pressure p1lmeas (optionally also further measured actuator pressure p2meas) and measured supply pressure spmeas, measured control pressure from pre stage (e.g. Pilot pressure), measured control position of pneumatic output stage (e.g. Spool position) and/or any other actual measured value xsim (e.g. Temperature or process pressure) that may be useful. Based on real control and real measurements, the embedded tracking digital twin module 211 can generate one or more analog measurements (analog results representing real control), such as simulated valve position hsim, simulated actuator pressure p1sim. Valve temperature or process pressure). For example, only for the simulation model of the physical valve, the real control input to the simulation may be the measured actuator pressure p1meas (optionally also a further measured actuator pressure p2meas), as indicated by the dashed line in Fig. 6, and the simulation result of the control may be the simulated valve position hsim. As another example, only for the simulation model of the pneumatic output stage, the real control input to the simulation may be a measured pilot pressure, and the simulation result of the control can be a simulated actuator pressure p1meas (and optionally another simulated actuator pressure p2sim), In the example embodiment of FIG. 6, the analog measurements can be generated by the analog block 212 of the embedded tracking digital twin containing one or more analog models of at least a part of the physical valve assembly. For example simulation models of physical valves 1, pneumatic pre stages, pneumatic output stages, supply pressure inlets and/or pneumatic actuators 3. The simulation model 212 includes a plurality of simulation model parameters including at least one fault- related simulation model parameter. The simulation model parameters relating to the fault may relate to or represent a particular physical fault in at least one physical part of the valve assembly. In embodiments, there may be a plurality of fault-related simulation model parameters related to a plurality of different specific physical faults in one or more physical components of the valve assembly. In an embodiment, the at least one fault-related simulation model parameter represents a specific physical characteristic of the at least one physical part of the valve assembly, such as physical dimensions or friction, and a value of the specific physical characteristic is related to a specific physical fault. In an embodiment of the invention, the at least one fault related simulation model parameter may be related to one or more of the following specific physical characteristics: valve friction, cross-sectional dimension of pneumatic air supply, cross-sectional dimensions of the pilot pressure inlet, cross-sectional dimensions of the actuator pressure leak hole, valve friction, bearing friction, backlash, fatigue, erosion, wear). Regarding claim 2, Friman et al. disclose configured to carry out at least one diagnostic routine based on the approximation signal (page 13, line 36 to page 14, line 14). Regarding claims 3, Friman et al. disclose a memory storing process context data, the positioner being configured to determine the approximation signal based on the process context data and/or carry out the at least one diagnostic routine based on the process context data (page 13, line 36 to page 14, line 14). Regarding claim 4, Friman et al. disclose wherein the positioner is further configured to carry out at least one diagnostic routine based on the control variable, the actual value position signal and/or process control signal (page 13, line 36 to page 14, line 14). Regarding claim 5, Friman et al. disclose wherein the positioner is configured calculate the approximation signal corresponding to a process control difference signal and/or actual value process signal of the process controller that is not available to the valve control device (abstract, page 3). Regarding claim 6, Friman et al. disclose a control valve configured to adjust a process fluid flow, a pneumatic or electric actuator configured to actuate the control valve (page 5). Regarding claim 8, Friman et al. disclose wherein the determination of the approximation signal and/or the diagnostic routine is further carried out based on process context data characterizing a process setpoint signal (page 13, line 36 to page 14, line 14). Regarding claim 9, Friman et al. disclose determining a time interval to which the process context data relate and/or the process context data includes a delay line and/or a signal form definition of the process setpoint signal (page 15, lines 1-22). Regarding claim 10, “saving a time curve of the process control signal” is conventional in the art. Regarding claim 11, “the controller model includes determining a control inversion based on a predetermined continuous-time or time-discrete controller structure” is conventional in the art because it is fundamentally related to mathematics, specifically within the fields of control theory, calculus, and linear algebra. Regarding claim 12, “wherein the control inversion is formed by an inverse in the z-domain over variable z by PNG media_image1.png 78 422 media_image1.png Greyscale wherein a, b, and c are predetermined parameters” is conventional in the art because it applied mathematics, specifically in the fields of control theory and digital signal processing (DSP). Regarding claim 13, Friman et al. disclose determining a comparison of the diagnosis result with a predetermined setpoint behavior of the valve control device (abstract, page 13, lines 2-20). Regarding claim 14, Friman et al. disclose In reponse to a deviation between the diagnostic result and the predetermined setpoint behavior, generating a diagnostic code; and in reponse to a deviation between the diagnostic result and the predetermined setpoint behavior, suppressing and/or deleting a diagnostic code (page 13, line 21-page 14, line 14). Regarding claim 15, Friman et al. disclose a control output for the control variable (page 8, lines 6-27). Regarding claim 16, Friman et al. disclose the control output is a pneumatic control output and the control variable is a pneumatic control variable (page 8, lines 6-27). Other Prior Art The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Schoonover (EP 1599712 B1) disclose methods and systems for performing online valve diagnostics. Valve characteristics such as step response, friction and spring range are determined while the valve is operating in a process. Valve information is obtained while the valve operates in response to a control signal controlling a process while the valve operates through a series of gradual movements. Valve characteristics are then determined from the valve information. Contact Information Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN H LE whose telephone number is (571)272-2275. The examiner can normally be reached on Monday-Friday from 7:00am – 3:30pm Eastern Time. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Shelby A. Turner can be reached on (571) 272-6334. 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. /JOHN H LE/Primary Examiner, Art Unit 2857
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Prosecution Timeline

Sep 06, 2023
Application Filed
Nov 21, 2025
Non-Final Rejection — §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
88%
Grant Probability
95%
With Interview (+7.3%)
2y 8m
Median Time to Grant
Low
PTA Risk
Based on 1464 resolved cases by this examiner. Grant probability derived from career allow rate.

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