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 .
Election/Restrictions
Claim(s) 15-19 is/are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Invention/Species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 08/10/2026. Applicant's election with traverse of Invention/Species of Group I in the reply filed on 08/10/2026 is acknowledged. The traversal is on the ground(s) that claims form a single general inventive concept, claim 1 being inventive. This is not found persuasive because claim 1 is not inventive as explained below.
The requirement is still deemed proper and is therefore made FINAL.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-4, 7, 9-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wick (EP 3088781 A1) in view of Reinartz et al (DE 19725093 A1).
Regrading claim 1, Wick discloses a positioner 10 for a pneumatic actuator for actuating a control instrument (process control valve, abstract) of a process plant, comprising: an electropneumatic converter 190; a circuit board 160; and a casing 110,130 including: at least one electronics compartment 102 configured to accommodate at least one electronic component of the positioner, and a converter compartment (below 160 in Fig 1) configured to accommodate the electropneumatic converter 190, wherein the electronics compartment 102 and the converter compartment are spatially separated from one another, the converter compartment being at least partially delimited by the circuit board 160.
Wick discloses converter compartment and electronic compartment 102 on opposite sides of circuit board but fails to disclose circuit board having supply electronics for controlling electro-pneumatic converter in the electronic compartments. Reinartz teaches an electronic fluidic device having fluidic device compartment 27 and electronic compartment 26 on opposite sides of circuit board 21 and isolated from each other by the circuit board with system control electronics 22 on circuit board 21 in the electronic compartments 26.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have provided the system disclosed by Wick with control board having system electronic controllers in the electronic compartment isolated by the circuit board from rest of system as taught by Reinartz in order to protect the electronics from any leakage the rest of the system.
As to claim 2, Wick shows the electropneumatic converter 190 is arranged on a side of the circuit board 160 which faces away from the electronics compartment 120.
As to claim 3, the converter compartment (section below 160) is formed integrally with the casing 110,130, the receptacle being at least partially covered by the circuit board 160.
As to claim 4, Wick as modified (in view of Reinartz) would have circuit board 160 sealing engaged with the casing wall to separate the converter compartment, pneumatically from the electronics compartment 102 but fails to discloses a sealing element between the circuit board 160 and the casing region surrounding the receptacle. Wick as modified fails to disclose sealing engagement of circuit board and casing wall comprising a sealing element. However, Official Notice is taken that providing a sealing element between two sealingly engaged components, for the purpose of improving sealing performance are widely known and notoriously old in the art. It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to employ sealing element between circuit board and casing wall in the device of Wick as modified for the purpose of improving sealing performance as is widely known and notoriously old in the art.
As to claim 7, Wick discloses a positioner for a pneumatic actuator for actuating a control instrument of a process plant (abstract), comprising: an electropneumatic converter 190; a circuit board 160; a casing 110,130 including: at least one electronics compartment 102 configured to accommodate at least one electronic component of the positioner, and a converter compartment (below 160 in Fig 1) configured to accommodate the electropneumatic converter 190, wherein the electronics compartment and the converter compartment are separated from one another, in that the converter compartment has including an exhaust air duct 111A configured to discharge pneumatic medium from the electropneumatic converter to at least one collection pipe 116 for exhaust air.
Wick discloses converter compartment and electronic compartment 102 on opposite sides of circuit board but fails to disclose circuit board having supply electronics for controlling electro-pneumatic converter in the electronic compartments. Reinartz teaches an electronic fluidic device having fluidic device compartment 27 and electronic compartment 26 on opposite sides of circuit board 21 and isolated from each other by the circuit board with system control electronics 22 on circuit board 21 in the electronic compartments 26.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have provided the system disclosed by Wick with control board having system electronic controllers in the electronic compartment isolated by the circuit board from rest of system as taught by Reinartz in order to protect the electronics from any leakage the rest of the system.
As to claim 9, Wick discloses a positioner for a pneumatic actuator for actuating a control instrument of a process plant (abstract), comprising: an electropneumatic converter 190; a circuit board 160; and a casing 110,130 including at least one electronics compartment 102 configured to accommodate electronics component, and a converter compartment (below 160 in Fig 1) configured to accommodate the electropneumatic converter 160, wherein the electronics compartment is spatially separated from the converter compartment and a pneumatic compartment (portion including 116,117,119,140) in which at least one pneumatic component 116 is accommodated.
Wick discloses converter compartment and electronic compartment 102 on opposite sides of circuit board but fails to disclose circuit board having supply electronics for controlling electro-pneumatic converter in the electronic compartments. Reinartz teaches an electronic fluidic device having fluidic device compartment 27 and electronic compartment 26 on opposite sides of circuit board 21 and isolated from each other by the circuit board with system control electronics 22 on circuit board 21 in the electronic compartments 26.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have provided the system disclosed by Wick with control board having system electronic controllers in the electronic compartment isolated by the circuit board from rest of system as taught by Reinartz in order to protect the electronics from any leakage the rest of the system.
As to claim 10, Wick discloses one pneumatic line113 that connects the converter compartment to the pneumatic compartment (portion including 116,117,119,140), wherein the at least one pneumatic line 113 extends through the casing.
As to claim 11, in Wick, the casing 110,113 comprises a casing portion (portion below 170) which at least partially forms the pneumatic compartment (portion including 116,117,119,140) and which comprises a pneumatic interface (top ports of 112,113) configured to connect the at least one pneumatic component 117, wherein the pneumatic interface is in fluidic connection with the converter compartment.
Claims 5, 6, 12-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wick (EP 3088781 A1) in view of Reinartz et al (DE 19725093 A1) further in view of Tondolo (20090178713).
As to claims 5, 12-14 Wick as modified fails to disclose the circuit board and its electronics encapsulated in a protective silicon coating. Tondolo teaches (Para 40) encapsulating the circuit board and its electronics encapsulated in a protective silicon coating.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have provided the system disclosed by Wick as modified with circuit board and its electronics encapsulated in a protective silicon coating as taught by Tondolo in order to provide protection.
As to claim 6, Wick as modified fails to disclose pressure sensor in converter compartment. Tondolo teaches an electropneumatic converter with pressure sensor in converter compartment.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have provided the system disclosed by Wick as modified with electropneumatic converter with pressure sensor in converter compartment as taught by Tondolo in order to provide system information.
Claims 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wick (EP 3088781 A1) in view of Reinartz et al (DE 19725093 A1) further in view of Kitai (4117205).
Wick as modified fails to disclose as ignition lock in the exhaust air duct. Kitai teaches an exhaust duct with a ignition lock filter 46.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have provided the system disclosed by Wick as modified with electropneumatic converter with ignition lock in the exhaust air duct as taught by Kitai in order to provide fire hazard.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Atif Chaudry at phone number 571-270-3768. The examiner can normally be reached on Monday-Friday (9:30AM-6:00PM EST).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisors can be reached by phone. Kenneth Rinehart can be reached at 571-272-4881, or Craig Schneider can be reached at 571-272-3607. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ATIF H CHAUDRY/Primary Examiner, Art Unit 3753
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