Prosecution Insights
Last updated: August 06, 2026
Application No. 19/109,055

POSITIONER AND METHOD FOR MANUFACTURING A POSITIONER

Non-Final OA §102§103
Filed
Mar 05, 2025
Priority
Sep 06, 2022 — DE 10 2022 122 565.8 +1 more
Examiner
LESLIE, MICHAEL S
Art Unit
3745
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Samson Aktiengesellschaft
OA Round
1 (Non-Final)
81%
Grant Probability
Favorable
1-2
OA Rounds
11m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 81% — above average
81%
Career Allowance Rate
926 granted / 1142 resolved
+11.1% vs TC avg
Moderate +14% lift
Without
With
+14.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
16 currently pending
Career history
1158
Total Applications
across all art units

Statute-Specific Performance

§101
2.1%
-37.9% vs TC avg
§103
30.4%
-9.6% vs TC avg
§102
31.0%
-9.0% vs TC avg
§112
29.9%
-10.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1142 resolved cases

Office Action

§102 §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 . Claim Rejections - 35 USC § 102 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. Claims 1-15 are rejected under 35 U.S.C. 103 as being unpatentable over Burlage et al (5439021). Burlage et al disclose a positioner (e.g. 200, Figs. 11-17), and a method for manufacturing a positioner, for a pneumatic actuator for operating a control element in a process engineering plant, the positioner comprising: a housing (e.g. 202) defining an interior space (e.g. 222); a support body (e.g. 206, 258) inserted into the interior space; an electropneumatic converter (e.g. 260); and a circuit board (e.g. 230) attached to the support body and comprising supply electronics (e.g. 268) configured to operate the electropneumatic converter, wherein the housing and the support body are coordinated to pneumatically subdivide the interior space into an electronics compartment (e.g. 256) configured to accommodate at least one electrical and/or electronic component (e.g. 216, 242, 268) and a converter compartment (e.g. opposite side of 258 housing 260) configured to accommodate the electropneumatic converter (e.g. Col. 12, Ln. 63 – Col. 13, Ln. 6). Wherein the electropneumatic converter is arranged on a side of the support body facing away from the electronics compartment and/or the circuit board (e.g. as shown in Fig. 11); wherein the converter compartment comprises at least one receptacle (e.g. 208) in which the electropneumatic converter is arranged, the support body comprising a feedthrough (e.g. 270) in an area of the at least one receptacle that extends from the housing to the circuit board; wherein the converter compartment comprises at least one receptacle (e.g. Fig. 14) in which at least one pneumatic sensor (e.g. 354) is arranged, the support body comprising a feedthrough (e.g. 348) in an area of the at least one receptacle that leads to the pneumatic sensor and/or to the circuit board; wherein the pneumatic sensor is arranged on a surface of the circuit board facing the converter compartment and/or that the pneumatic sensor is held on the circuit board (e.g. Fig. 14); wherein at least one seal (e.g. Col. 12, Ln. 63 – Col. 13, Ln. 6) is held on the support body to pneumatically and/or pressure-tightly separate the converter compartment from the electronics compartment; wherein: the housing (e.g. 202) comprises a peripheral wall (e.g. as shown in Fig. 12) and a bottom (e.g. as shown in Fig. 12) at least partially surrounded by the peripheral wall with a recess corresponding to the circuit board (e.g. housed in 256); the support body is form-fitted to the interior space (e.g. Figs. 11-12); and a clearance (e.g. between 256 & 206) is provided between the support body and the housing in an area of the recess; wherein at least one cavity is formed between the circuit board and the support body (e.g. between 258 & 230 as shown in Fig. 11); wherein the support body comprises support sections configured to support the circuit board, at least one cavity being formed between the support sections (e.g. between 258 & 230 as shown in Fig. 11); wherein the circuit board is at least partially encapsulated (e.g. by 256 as shown in Figs. 11-12); wherein the support body is at least partially encapsulated (e.g. by 202, 208); and wherein the seal is arranged: between the support body and the circuit board; and/or between the support body and the housing (e.g. Fig. 11, Col. 12, Ln. 63 – Col. 13, Ln. 6). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. 8201580 is not relied upon, but is deemed to anticipate at least Claim 1. Additional references listed on form PTO-892 are cited for their relevance to the disclosed invention and demonstration of the state of the art. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL LESLIE whose telephone number is (571)272-4819. The examiner can normally be reached M - F 8 am - 4-30pm. 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, Nathaniel Wiehe can be reached at (571)272-8648. 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. /MICHAEL LESLIE/ Primary Examiner, Art Unit 3745 July 24, 2026
Read full office action

Prosecution Timeline

Mar 05, 2025
Application Filed
Jul 28, 2026
Non-Final Rejection mailed — §102, §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

1-2
Expected OA Rounds
81%
Grant Probability
96%
With Interview (+14.5%)
2y 4m (~11m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1142 resolved cases by this examiner. Grant probability derived from career allowance rate.

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