Prosecution Insights
Last updated: October 02, 2026
Application No. 18/484,027

VIRTUAL CONTROLLER DEPLOYED ON INTRINSICALLY SAFE FIELD DEVICE

Final Rejection §102
Filed
Oct 10, 2023
Priority
Oct 10, 2022 — provisional 63/414,842
Examiner
KABIR, SAAD M
Art Unit
2119
Tech Center
2100 — Computer Architecture & Software
Assignee
Schneider Electric SE
OA Round
2 (Final)
68%
Grant Probability
Favorable
3-4
OA Rounds
4m
Est. Remaining
93%
With Interview

Examiner Intelligence

Grants 68% — above average
68%
Career Allowance Rate
237 granted / 346 resolved
+13.5% vs TC avg
Strong +24% interview lift
Without
With
+24.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
16 currently pending
Career history
379
Total Applications
across all art units

Statute-Specific Performance

§101
9.1%
-30.9% vs TC avg
§103
49.1%
+9.1% vs TC avg
§102
16.7%
-23.3% vs TC avg
§112
20.5%
-19.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 346 resolved cases

Office Action

§102
DETAILED ACTION 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 is a response to an amendment/arguments filed on 7/15/2026 which was in response to the office action mailed on 4/9/2026 (hereinafter the prior office action). Claim(s) 1-21 is/are pending. Claim(s) 1 and 12 is/are amended. Claim(s) 1 and 12 is/are independent. Response to Arguments Applicant’s arguments, filed on 7/15/2026, have been fully considered but they are not persuasive. Applicant states in Pg. 6-7 in “Remarks” that Gottron fails to teach distributed control at a field device level because Gottron discloses a switch for connecting devices, not what runs on the field device. Examiner respectfully disagrees because Gottron teaches more than just a switch. Gottron teaches Applicant’s control implemented via a field device because Gottron discloses in Para. 2 and 37 that a device can be part of field device where control is distributed over field devices. Applicant further states in Pg. 7 in “Remarks” that Gottron does not teach virtual controller. Examiner respectfully disagrees because Gottron discloses in Para. 2 that virtual machines are implemented in industrial automation, i.e. on the field device, where Gottron’s invention is set in such a setting using the virtual machines. Applicant further states in Pg. 7 in “Remarks” that Gottron does not teach virtual controller configured to provide one or more of historian, workstation, and HMI functionality on the field device. Examiner respectfully disagrees because Gottron discloses in Para. 2 and 37 that a device can be part of field device where control is distributed over field devices, where the devices are implemented in industrial automation which includes workstation/HMI functionality, etc. Applicant further states in Pg. 8 in “Remarks” that Gottron does not teach in claim 3 managing resources, automated device operating system and application management in an industrial network. Examiner respectfully disagrees because Gottron discloses in Para. 1 that controller is implemented in an industrial network; further Gottron discloses in Para. 2 that virtual machines are implemented in industrial automation, i.e. on the field device. Industrial automation thus includes the managing of resources, automation and application management as recited in the claim. Applicant further states in Pg. 8 in “Remarks” that Gottron does not teach in claim 5 machine-learned model. Examiner respectfully disagrees because claim 5 recites the model encapsulating Layer 1 (APL) and above control in the field device. Gottron discloses in Para. 26 that APL is used; further, Gottron discloses Para. 7 in APL constitutes layer 1 extension. Thus, Gottron teaches encapsulating layer 1 and above. Applicant further states in Pg. 8-9 in “Remarks” that Gottron does not teach in claim 6 a user-defined function. Examiner respectfully disagrees because Gottron discloses in Para. 10 that functional group, i.e. block, is used, where such functional groups are defined by user and not discloses as an automatically generated functional block. Thus Gottron teaches user-defined function. Information Disclosure Statement The references cited in the information disclosure statement(s) (IDS) submitted on 7/15/2026 have been considered by the examiner. 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. Claim(s) 1-21 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Gottron et al. (U.S. Pub. No. 2023/0006864) (hereinafter “Gottron”). Regarding claim 1 and corresponding claim 12, Gottron teaches an Intrinsically Safe (IS) Advanced Physical Layer (APL) based low power field device, (Para. 26 - - intrinsically safe advanced physical layer based device is used; Para. 37 - - device can be part of field device) comprising: a processor; and a memory storing processor-executable instructions that, when executed, configure the processor (Para. 3 - - computer units comprise processors with memory) to implement a virtual controller on the field device, (Para. 2 - - virtual machines are implemented in industrial automation, i.e. on the field device) the virtual controller configured to provide distributed control at a field device level and one or more of historian, workstation, and HMI functionality on the field device. (Para. 2, 37 - - device can be part of field device where control is distributed over field devices) Regarding claim 2 and corresponding claim 18, Gottron teaches one or more analog interfaces for at least one of a current-driven and a voltage-driven Layer 0 device; and an IS APL connection providing power to the field device and the Layer 0 device. (Fig. 1 - - analog interface is used; Para. 26 - - power is transmitted) Regarding claim 3 and corresponding claim 13, Gottron teaches wherein the virtual controller implemented on the field device is configured for managing resources in conjunction with an automated device operating system and application management in an industrial network. (Para. 1 - - controller is implemented in an industrial network; Para. 2 - - virtual machines are implemented in industrial automation, i.e. on the field device) Regarding claim 4 and corresponding claim 14, Gottron teaches to operate the field device as a managed resource of an industrial network. (Para. 1 - - controller is implemented in an industrial network) Regarding claim 5 and corresponding claim 15, Gottron teaches to generate a machine-learned model for encapsulating Layer 1 and above control in the field device. (Para. 26 - - APL is used; Para. 7 - - APL constitutes layer 1 extension) Regarding claim 6 and corresponding claim 16, Gottron teaches wherein the machined-learned model comprises a user- defined function block executed by the processor. (Para. 10 - - functional group, i.e. block, is used) Regarding claim 7 and corresponding claim 17, Gottron teaches wherein the user-defined function block provides an interface to one or more inputs/outputs configured to be connected in a virtual control system for controlling and/or monitoring of a Layer 0 device. (Para. 26-27 - - data is received, i.e. monitored, and transmitted for control of field devices) Regarding claim 8 and corresponding claim 19, Gottron teaches to enable gateway functionality between one or more field device protocols and one or more industrial network protocols. (Para. 27 - - coding of signals is changed/mapped, i.e. gateway functionality is enabled between different protocols) Regarding claim 9 and corresponding claim 20, Gottron teaches wherein the industrial network protocols are configured to operate the field device as an OPC-UA/FX server with publish/subscribe support for OPC- UA/FX clients. (Para. 27 - - coding of signals is changed/mapped, i.e. gateway functionality is enabled between different protocols) Regarding claim 10, Gottron teaches at least one physical APL 10BaseT1 port connecting the field device to an industrial network an APL switch. (Para. 1, 37 - - field devices in industrial network are connected using switch) Regarding claim 11 and corresponding claim 21, Gottron teaches an APL Internet Protocol (IP) interface; (Para. 26 - - APL is used, and devices are galvanically isolated) one or more galvanically isolated digital inputs coupled to the APL IP interface and configured for coupling one or more external digital circuits to the field device via the APL IP interface; (Para. 26 - - APL is used, and devices are galvanically isolated; Para. 26-27 - - data is received, i.e. monitored, and transmitted for control of field devices, i.e. inputs and outputs) and one or more galvanically isolated digital outputs coupled to the APL IP interface and configured for coupling the one or more external digital circuits to the field device via the APL IP interface, (Para. 26 - - devices are galvanically isolated; Para. 26-27 - - data is received, i.e. monitored, and transmitted for control of field devices, i.e. inputs and outputs) wherein the field device is configured for monitoring and controlling the one or more external digital circuits through IP via the APL IP interface. (Para. 26-27 - - data is received, i.e. monitored, and transmitted for control of field devices) It is noted that any citations to specific, pages, columns, lines, or figures in the prior art references and any interpretation of the reference should not be considered to be limiting in any way. A reference is relevant for all it contains and may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art. See MPEP 2123. Citation of Pertinent Prior Art The following prior art made of record and not relied upon is considered pertinent to applicant's disclosure. U.S. Pub. No. 2022/0221002 by Gustafsson, which discloses machining unit for machining a component including an industrial robot (Title/Abstract). Conclusion THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Saad M. Kabir whose telephone number is 571-270-0608 (direct fax number is 571-270-9933). The examiner can normally be reached on Mondays to Fridays 9am to 5pm EST. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mohammad Ali can be reached on 571-272-4105. 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. /SAAD M KABIR/ Examiner, Art Unit 2119 /MOHAMMAD ALI/Supervisory Patent Examiner, Art Unit 2119
Read full office action

Prosecution Timeline

Oct 10, 2023
Application Filed
Dec 27, 2025
Non-Final Rejection (signed) — §102
Apr 09, 2026
Non-Final Rejection mailed — §102
Jul 07, 2026
Response Filed
Jul 29, 2026
Final Rejection mailed — §102
Sep 29, 2026
Interview Requested

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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
68%
Grant Probability
93%
With Interview (+24.3%)
3y 3m (~4m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 346 resolved cases by this examiner. Grant probability derived from career allowance rate.

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