Prosecution Insights
Last updated: April 19, 2026
Application No. 18/061,812

SYSTEMS AND METHODS FOR CONTROLLING A VARIABLE GAS VALVE

Non-Final OA §102
Filed
Dec 05, 2022
Examiner
NICHOLS, PHYLLIS M
Art Unit
3753
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Emerson Electric Co.
OA Round
1 (Non-Final)
79%
Grant Probability
Favorable
1-2
OA Rounds
2y 7m
To Grant
99%
With Interview

Examiner Intelligence

Grants 79% — above average
79%
Career Allow Rate
651 granted / 821 resolved
+9.3% vs TC avg
Strong +20% interview lift
Without
With
+19.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
13 currently pending
Career history
834
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
38.8%
-1.2% vs TC avg
§102
36.9%
-3.1% vs TC avg
§112
19.7%
-20.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 821 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) 18-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Buesher. Regarding claims 18-20, Buesher teaches an integrated furnace controller (IFC) 230 (fig. 3) for communicative coupling to a modulating gas valve assembly, the IFC comprising: a processor 304; and a memory 306; the claimed IFC is capable of performing the desired functions based including: the memory capable of storing instructions that program the processor; receive a call for heat; and output a command to the modulating gas valve assembly in response to the call for heat, the command instructing the modulating gas valve assembly to control the modulating gas valve based on a desired gas flow rate and an orientation of the modulating gas valve; wherein the instructions program the processor to: receive an orientation of the modulating gas valve relative to gravity; and store the orientation of the modulating gas valve in the memory; wherein the instructions program the processor to receive the orientation of the modulating gas valve relative to gravity by one of: receiving an image and determining the orientation of the modulating gas valve from the image; receiving the orientation of the modulating gas valve relative to gravity by a user input; or receiving an orientation signal output by a sensor operable to sense its orientation and determining the orientation of the modulating gas valve based on the orientation signal. Allowable Subject Matter Claims 1-17 are allowed. The following is a statement of reasons for the indication of allowable subject matter: Buesher teaches the claimed burner, modulating gas valve assembly, a control circuit, an integrated furnace controller including a processor and memory, but fails to disclose a valve memory. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to P. MACADE NICHOLS whose telephone number is (571)270-5428. The examiner can normally be reached Mon-Fri 9:00-5:00 P.M.. 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, Kenneth Rinehart can be reached at 571-272-4881. 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. /P. MACADE NICHOLS/Primary Examiner, Art Unit 3753
Read full office action

Prosecution Timeline

Dec 05, 2022
Application Filed
Aug 23, 2025
Non-Final Rejection — §102
Jan 21, 2026
Applicant Interview (Telephonic)

Precedent Cases

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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
79%
Grant Probability
99%
With Interview (+19.9%)
2y 7m
Median Time to Grant
Low
PTA Risk
Based on 821 resolved cases by this examiner. Grant probability derived from career allow rate.

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