Prosecution Insights
Last updated: April 19, 2026
Application No. 18/627,232

POSITION SENSOR FOR A VALVE AND METHOD FOR MEASURING THE POSITION OF A VALVE

Non-Final OA §103
Filed
Apr 04, 2024
Examiner
FURDGE, LARRY L
Art Unit
3763
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Volkswagen Aktiengesellschaft
OA Round
3 (Non-Final)
62%
Grant Probability
Moderate
3-4
OA Rounds
3y 5m
To Grant
80%
With Interview

Examiner Intelligence

Grants 62% of resolved cases
62%
Career Allow Rate
469 granted / 755 resolved
-7.9% vs TC avg
Strong +18% interview lift
Without
With
+17.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 5m
Avg Prosecution
41 currently pending
Career history
796
Total Applications
across all art units

Statute-Specific Performance

§101
0.7%
-39.3% vs TC avg
§103
51.8%
+11.8% vs TC avg
§102
11.7%
-28.3% vs TC avg
§112
31.1%
-8.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 755 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 . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 2/18/2026 has been entered. Claim Objections Claim 8 is objected to because of the following informalities: Regarding Claim 8, the claim contains what appears to be redundant limitations. Please amend the claim to recite - - controlling positioning of the valve based on the measured electrical properties of the coil or conductor loop that is connected to the stator of the motor or constitutes the stator of the motor, wherein the control operates based on a relationship between the measured electrical properties of the coil or conductor loop and a position of the valve body within the coil or conductor loop to control movement of the position of the valve body within the coil or conductor loop that is connected to the stator of the motor or constitutes the stator of the motor-by moving the valve body within the coil or conductor loop or by moving the coil or conductor loop relative to the valve such that a position of the valve body determined based on the measured electrical properties , wherein the measured electrical properties upon which control of the positioning of valve are based include at least one of an inductance value and/or an impedance of the coil or conductor loop that results from engagement of the coil or conductor loop around a spindle of the valve body such that the motor moves the valve within the coil or conductor loop in response to changes in the measured electrical properties resulting from insertion of ferromagnetic material relative to the stator of the motor - - for clarity. Appropriate correction is required. Claim Rejections - 35 USC § 103 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claim(s)1, 2 and 5-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hagimoto et al. (WO2023054050A) in view of Grau et al. (US4825904). Regarding Claim 1, Hagimoto teaches a position sensor for a valve [fig 7], the position sensor comprising: a movable valve body [30; 0039-0044]; a motor [66] for moving the valve body, wherein the valve body is connected to the rotor [41] of the motor [0092[; a coil [61, 62] or conductor loop which at least partially surrounds the valve body or is connected to said valve body, wherein the coil or conductor loop is connected to the stator of the motor or constitutes the stator [0029; 0037-0039; 0047-0058]; and a mechanism [83] for measuring the electrical properties of the coil or conductor loop [0056-0059]; a control mechanism configured to control positioning of the valve based on the measured electrical properties of the coil or conductor loop that is connected to the stator of the motor or constitutes the stator of the motor [0044-0055; fig 1; where electrical properties are obtainable from the measured voltage]; wherein the control mechanism operates based on a relationship between the measured electrical properties of the coil of conductor loop and a position of the valve body within the coil or conductor loop to control movement of the position of the valve body within the coil or conductor loop that is connected to the stator of the motor or constitutes that stator of the motor by moving the valve body within the coil or conductor loop or by moving the coil or conductor loop relative to the valve such that a position of the valve body is determinable based on the measured electrical properties [0097-0099]. Hagimoto does not explicitly teach wherein the measured electrical properties upon which control of the positioning of valve are based include at least one of an inductance value and/or an impedance of the coil or conductor loop that results from engagement of the coil or conductor loop around a spindle of the valve body such that the motor moves the valve within the coil or conductor loop in response to changes in the measured electrical properties resulting from insertion of ferromagnetic material relative to the stator of the motor. However, Grau teaches a valve [col 1, lines 5-10] having wherein the measured electrical properties upon which control of the positioning of the valve are based include at least one of an inductance value and/or an impedance of the coil or conductor loop that results from engagement of the coil or conductor loop around a spindle [33] of the valve body such that the motor [30] moves the valve within the coil or conductor loop in response to changes in the measured electrical properties resulting from insertion of ferromagnetic material relative to the stator of the motor [col 3, line 37-col 5, line 23; figs 1 thru figs 6] where one of ordinary skill in the art could have combined the elements as claimed by known methods and that in combination, each element would perform the same function as it did separately and one of ordinary skills would have recognized that the results of the combination were predictable i.e. provides a method for determining valve position. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the assembly of Hagimoto to have wherein the measured electrical properties upon which control of the positioning of valve are based include at least one of an inductance value and/or an impedance of the coil or conductor loop that results from engagement of the coil or conductor loop around a spindle of the valve body such that the motor moves the valve within the coil or conductor loop in response to changes in the measured electrical properties resulting from insertion of ferromagnetic material relative to the stator of the motor in view of the teachings of Grau where the elements could have been combined by known methods with no change in their respective functions, and the combination would have yielded predictable results i.e. provides a method for determining valve position. Regarding Claim 2, Hagimoto, as modified, teaches the invention of claim 1 above and Hagimoto teaches a valve comprising the position sensor [0001]. Regarding Claim 5, Hagimoto, as modified, teaches the invention of claim 2 above and Hagimoto teaches a thread connected to the valve body that interacts with a stationary thread to move the valve body, by rotation about its axis, along the direction of this axis [0030; 0031]. Regarding Claim 6, Hagimoto, as modified, teaches the invention of claim 2 above and Hagimoto teaches wherein the valve is configured as an expansion valve, multiway valve, and/or shut-off valve in a refrigerating circuit [0022]. Regarding Claim 7, Hagimoto, as modified, teaches the invention of claim 6 above and Hagimoto teaches a refrigeration machine, comprising the expansion valve, multiway valve and/or shut-off valve [0022; fig 1]. Regarding Claim 8, Hagimoto teaches a method for measuring the position of a valve [0001], the method comprising: moving a valve body using a motor [66; 0057]; wherein the valve body is connected to a rotor [41] of the motor and the valve body [30] is connected to or at least partially surrounded by a coil [61c] or conductor loop that is connected to a stator [61] of the motor or constitutes the stator [0027-0029; 0037-0044; 0047-0058]; measuring the electrical properties of the coil or conductor loop [0056-0059], wherein electrical properties of the coil or conductor loop change as a result of moving the valve body within the coil or conductor loop or by moving the coil or conductor loop within the valve such that a position of the valve body within the valve is determined based on measured electrical properties; determining the position of the valve body within the valve based on the measured electrical properties [0044-0055; 0097-0099]; controlling positioning of the valve based on the measured electrical properties of the coil or conductor loop that is connected to the stator of the motor or constitutes the stator of the motor [0027-0029; 0037-0044; 0047-0058; 0044-0055; fig 1; where electrical properties are obtainable from the measured voltage]; wherein the control mechanism operates based on a relationship between the measured electrical properties of the coil of conductor loop and a position of the valve body within the coil or conductor loop to control movement of the position of the valve body within the coil or conductor loop that is connected to the stator of the motor or constitutes that stator of the motor by moving the valve body within the coil or conductor loop or by moving the coil or conductor loop relative to the valve such that a position of the valve body is determinable based on the measured electrical properties [0027-0029; 0037-0044; 0047-0058; 0044-0055; 0097-0099] Hagimoto does not explicitly teach wherein the measured electrical properties upon which control of the positioning of valve are based include at least one of an inductance value and/or an impedance of the coil or conductor loop that results from engagement of the coil or conductor loop around a spindle of the valve body such that the motor moves the valve within the coil or conductor loop in response to changes in the measured electrical properties resulting from insertion of ferromagnetic material relative to the stator of the motor. However, Grau teaches a valve [col 1, lines 5-10] having wherein the measured electrical properties upon which control of the positioning of the valve are based include at least one of an inductance value and/or an impedance of the coil or conductor loop that results from engagement of the coil or conductor loop around a spindle [33] of the valve body such that the motor [30] moves the valve within the coil or conductor loop in response to changes in the measured electrical properties resulting from insertion of ferromagnetic material relative to the stator of the motor [col 3, line 37-col 5, line 23; figs 1 thru figs 6] where one of ordinary skill in the art could have combined the elements as claimed by known methods and that in combination, each element would perform the same function as it did separately and one of ordinary skills would have recognized that the results of the combination were predictable i.e. provides a method for determining valve position. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the assembly of Hagimoto to have wherein the measured electrical properties upon which control of the positioning of valve are based include at least one of an inductance value and/or an impedance of the coil or conductor loop that results from engagement of the coil or conductor loop around a spindle of the valve body such that the motor moves the valve within the coil or conductor loop in response to changes in the measured electrical properties resulting from insertion of ferromagnetic material relative to the stator of the motor in view of the teachings of Grau where the elements could have been combined by known methods with no change in their respective functions, and the combination would have yielded predictable results i.e. provides a method for determining valve position. Regarding Claim 9, Hagimoto, as modified, teaches the invention of claim 8 above and Hagimoto teaches moving the valve body using a motor, wherein the valve body is connected to a rotor of the motor at least partially within the coil or conductor loop, and/or wherein the coil or conductor loop constitutes the stator of the motor or is integrated into the stator [0029; 0037; 0039; 0047-0058; figs 6 & 7]. Regarding Claim 10, Hagimoto, as modified, teaches the invention of claim 8 above and Hagimoto teaches wherein measuring the electrical properties of the coil or conductor loop comprises measuring an inductance value, an impedance, or a frequency-dependent resistance [0058]. Regarding Claim 11, Hagimoto, as modified, teaches the invention of claim 8 above and Hagimoto teaches moving the valve body using a motor and is connected to the rotor of the motor [0039-0044]. Regarding Claim 12, Hagimoto, as modified, teaches the invention of claim 11 above and Hagimoto teaches wherein the coil or conductor loop at least partially surrounds the valve body and is connected to the stator of the motor or constitutes the stator [0029; 0037; 0039; 0047-0058; figs 6 & 7]. Regarding Claim 13, Hagimoto, as modified, teaches the invention of claim 8 above and Hagimoto teaches wherein a thread connected to the valve body interacts with a stationary thread to move the valve body, by rotation about its axis, along the direction of this axis [0030; 0031]. Regarding Claim 14, Hagimoto, as modified, teaches the invention of claim 8 above and Hagimoto teaches wherein the valve is configured as an expansion valve, multiway valve, and/or shut-off valve in a refrigerating circuit [0022; fig 1]. Response to Arguments On pages 7 and 11 of the remarks, Applicant argues with respect to claims 1 and 8 that Hagimoto et al. (WO2023054050A) and Kimata (JPH07208633A) does not teach the invention as claimed. Applicant’s arguments with respect to claim(s) 1 and 8 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Moyers et al. (US5583434), cited to teach a relationship between electrical properties. See at least claim 1. Any inquiry concerning this communication or earlier communications from the examiner should be directed to LARRY L FURDGE whose telephone number is (313)446-4895. The examiner can normally be reached M-R 6a-3p; F 6a-10a. 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, Jerry Fletcher can be reached at 571-270-5054. 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. /LARRY L FURDGE/Primary Examiner, Art Unit 3763
Read full office action

Prosecution Timeline

Apr 04, 2024
Application Filed
Sep 04, 2025
Non-Final Rejection — §103
Nov 10, 2025
Response Filed
Jan 15, 2026
Final Rejection — §103
Jan 22, 2026
Response after Non-Final Action
Feb 03, 2026
Examiner Interview Summary
Feb 03, 2026
Applicant Interview (Telephonic)
Feb 18, 2026
Request for Continued Examination
Mar 09, 2026
Response after Non-Final Action
Mar 18, 2026
Non-Final Rejection — §103 (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

3-4
Expected OA Rounds
62%
Grant Probability
80%
With Interview (+17.9%)
3y 5m
Median Time to Grant
High
PTA Risk
Based on 755 resolved cases by this examiner. Grant probability derived from career allow rate.

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