Prosecution Insights
Last updated: August 17, 2026
Application No. 18/627,232

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

Final Rejection §103
Filed
Apr 04, 2024
Priority
Apr 06, 2023 — DE 10 2023 203 231.7
Examiner
FURDGE, LARRY L
Art Unit
3763
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Volkswagen AG
OA Round
4 (Final)
62%
Grant Probability
Moderate
5-6
OA Rounds
10m
Est. Remaining
80%
With Interview

Examiner Intelligence

Grants 62% of resolved cases
62%
Career Allowance Rate
486 granted / 779 resolved
-7.6% vs TC avg
Strong +17% interview lift
Without
With
+17.2%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
41 currently pending
Career history
812
Total Applications
across all art units

Statute-Specific Performance

§101
0.9%
-39.1% vs TC avg
§103
54.0%
+14.0% vs TC avg
§102
8.8%
-31.2% vs TC avg
§112
31.7%
-8.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 779 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 . Status of Claims This Office Action is in response to the remarks and amendments filed on 6/16/2026. Claims 1, 2, 6-9 and 11-14 are pending for consideration in this Office Action. Response to Amendment The objections to the claims have been withdrawn in light of the amendments filed. Claim Rejections - 35 USC § 103 The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claim(s)1, 2, 5-9 and 11-14 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]. Hagimoto does not explicitly teach where the electrical properties is an inductance; where the control mechanism configured to control positioning of the valve relative to the coil or conductor loop based on the measured inductance 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 mechanism operates based on a relationship between the measured inductance of the coil or conductor loop and a relative position of the valve body within the coil or conductor loop to control the movement of the valve body relative to the coil or conductor loop based on the measured inductance of the coil or conductor loop, wherein the inductance of the coil or conductor loop . However, Yamaguchi teaches a valve [0003] having where the electrical properties is an inductance [0028- 0032; fig 2]; where the control mechanism configured to control positioning of the valve relative to the coil or conductor loop based on the measured inductance of the coil or conductor loop that is connected to the stator of the motor or constitutes the stator of the motor [0028- 0032; fig 2], wherein the control mechanism operates based on a relationship between the measured inductance of the coil or conductor loop and a relative position of the valve body within the coil or conductor loop to control the movement of the valve body relative to the coil or conductor loop based on the measured inductance of the coil or conductor loop [0028- 0032; fig 2], wherein the inductance of the coil or conductor loop 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 control mechanism operates based on a relationship between the measured inductance of the coil or conductor loop and a relative position of the valve body within the coil or conductor loop to control the movement of the valve body relative to the coil or conductor loop based on the measured inductance of the coil or conductor loop, wherein the inductance of the coil or conductor loop 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], that changes as a result of moving the valve body relative to the coil or conductor loop such that a position of the valve body within the valve is determined based on measured electrical properties [0044-0055; 0097-0099]. Hagimoto does not explicitly teach determining the position of the valve body within the valve based on the measured inductance; controlling positioning of the valve relative to the coil or conductor loop, wherein the control operates based on a relationship between the measured inductance 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 relative to the coil or conductor loop such that a position of the valve body is determined based on the measured inductance, and wherein the measured inductance upon which control relative positioning of the valve are based 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, Yamaguchi teaches a valve [0003] that determines the position of the valve body within the valve based on the measured inductance [0028- 0032; fig 2]; controlling positioning of the valve relative to the coil or conductor loop, wherein the control operates based on a relationship between the measured inductance 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 relative to the coil or conductor loop such that a position of the valve body is determined based on the measured inductance [0028- 0032; fig 2], and wherein the measured inductance upon which control relative positioning of the valve are based 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 [0028- 0032; fig 2] 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 reliably detecting the open/closed state of a shut-off valve [0009]. 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 determine the position of the valve body within the valve based on the measured inductance; control positioning of the valve relative to the coil or conductor loop, wherein the control operates based on a relationship between the measured inductance 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 relative to the coil or conductor loop such that a position of the valve body is determined based on the measured inductance, and wherein the measured inductance upon which control relative positioning of the valve are based 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 Yamaguchi 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 reliably detecting the open/closed state of a shut-off valve. 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 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 5-9 of the remarks, Applicant argues with respect to claims 1 and 8 that Hagimoto et al. (WO2023054050A) as modified by Grau et al. (US4825904) do 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 Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 nonprovisional extension fee (37 CFR 1.17(a)) 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 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

Show 4 earlier events
Jan 22, 2026
Response after Non-Final Action
Feb 03, 2026
Applicant Interview (Telephonic)
Feb 03, 2026
Examiner Interview Summary
Feb 18, 2026
Request for Continued Examination
Mar 09, 2026
Response after Non-Final Action
Mar 23, 2026
Non-Final Rejection mailed — §103
Jun 16, 2026
Response Filed
Jul 09, 2026
Final Rejection mailed — §103 (current)

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

5-6
Expected OA Rounds
62%
Grant Probability
80%
With Interview (+17.2%)
3y 3m (~10m remaining)
Median Time to Grant
High
PTA Risk
Based on 779 resolved cases by this examiner. Grant probability derived from career allowance rate.

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