Prosecution Insights
Last updated: April 19, 2026
Application No. 17/339,031

Quickly Identifying RF Signals of Interest in RF Data Recordings

Non-Final OA §101
Filed
Jun 04, 2021
Examiner
SHAH, NEEL D
Art Unit
2858
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Erisys LLC
OA Round
3 (Non-Final)
87%
Grant Probability
Favorable
3-4
OA Rounds
2y 5m
To Grant
94%
With Interview

Examiner Intelligence

Grants 87% — above average
87%
Career Allow Rate
531 granted / 611 resolved
+18.9% vs TC avg
Moderate +7% lift
Without
With
+7.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
19 currently pending
Career history
630
Total Applications
across all art units

Statute-Specific Performance

§101
8.5%
-31.5% vs TC avg
§103
50.1%
+10.1% vs TC avg
§102
24.8%
-15.2% vs TC avg
§112
13.3%
-26.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 611 resolved cases

Office Action

§101
Notice of Pre-AIA or AIA Status 1. 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 2. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 08/15/2025 has been entered. Response to Arguments 3. Applicant's arguments in light of claim amendment filed 05/22/2025 have been fully considered but they are not persuasive. Examiner would like to point out that no new arguments are presented. Arguments filed on 05/22/2025 were responded to in the Advisory action filed 06/23/2025. Claim amendment has been considered and 101 rejection stands for the same reason noted under Advisory action. See 101 rejection below in light of claim amendment. Claim Status 4. Claims 1, 3-6, 8-12, 14-15 and 18 are pending in the application. Claims 2, 7, 13, 16-17 and 19 are cancelled. Claim Rejections - 35 USC § 101 5. 35 U.S.C. 101 reads as follows: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title. The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. 6. Claims 1, 3-6, 8-12, 14-15 and 18 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. 7. Regarding claim 1, the claim(s) recite(s) a process of “identifying a signature characteristic of the electromagnetic signal, the identifying comprising: examining general file characteristics comprising information comprising radio frequency (RF) data and header file information, determining time and frequency characteristics of the signal, and processing digital I/Q signal data; … applying vector signal processing to create a second set of similar plots, corresponding to the identified selected portion, to provide at least two display windows, with the second display window displaying the identified selected portion; and time synchronizing the two display windows so that inputs on first visual image correlate with the data displayed on the second display window, wherein the processing of the digital I/Q signal data comprises: processing digital I/Q signal data by performing fast Fourier transforms (FFTs); storing the FFTs and associating the FFTs with the time and frequency characteristics of the signal to process and store FFT summary values for peak and average power as FFT summary files, and storing the FFT summary values; and processing the stored FFT summary values to plot RF power, RF frequency with persistence, and spectrogram using lookup tables to provide a first visual image corresponding to segments of the I/Q signal data” which altogether is an abstract idea. See MPEP 2106.04 (a)(2). The steps of identifying a signature characteristic, examining general file information, determining time and frequency, processing data, applying vector, time synchronizing amounts to math and data processing which is carried out using a generic computer/processor which is an abstract idea, see Figures 8-9 for mathematical algorithm. This judicial exception is not integrated into a practical application because the limitations of “transmitting for remote access compressed spectral images to remote users” is considered post solution activity which amounts to no more than mere steps to apply the judicial exception. See MPEP 2106.05 (g) (f). The newly added steps of processing and storing is mere data processing and storage carried out using generic computer elements. The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because using a generic processor or a computer and using a RF wideband spectrum tool to process the method steps are well-known, routine and conventional in the field of art. See prior art of record showing these elements being generic in the field of art: Kleinbeck US 2019/0208112, Figures 1-7; Kleinbeck et al. US 2019/0364533, Figures 1-7; Canne et al. (US 2015/0241493), Figures 1-5, Abstract, P(0054, 0057). 8. Claims 3-6, 8-12, 14 are also rejected as they further limit claim 1. 9. Regarding claim 15, the claim(s) recite(s) a process of “ identify a signature characteristic of the electromagnetic signal, the identifying comprising: examining general file characteristics comprising information comprising radio frequency (RF) data and header file information; determining time and frequency characteristics of the signal; processing digital I/Q signal data; apply vector signal processing to create a second set of similar plots, corresponding to the identified selected portion, to provide at least two display windows, with the second display window displaying the identified selected portion; and time synchronize the two display windows so that inputs on first visual image correlate with the data displayed on the second display window; wherein the processing of the digital I/Q signal data comprises: processing digital I/Q signal data by performing fast Fourier transforms (FFTs);storing the FFTs and associating the FFTs with the time and frequency characteristics of the signal to process and store FFT summary values for peak and average power as FFT summary files, and storing the FFT summary values; and processing the stored FFT summary values to plot RF power, RF frequency with persistence, and spectrogram using lookup tables to provide a first visual image corresponding to segments of the I/Q signal data” which altogether is an abstract idea. See MPEP 2106.04 (a)(2). The steps of identifying a signature characteristic, examining general file information, determining time and frequency, processing data, applying vector, time synchronizing amounts to math and data processing which is carried out using a generic computer/processor which is an abstract idea, see Figures 8-9 for mathematical algorithm. This judicial exception is not integrated into a practical application because the limitations of “transmit for remote access, compressed spectral image files to remote users” is considered post solution activity which amounts to no more than mere steps to apply the judicial exception. See MPEP 2106.05 (g) (f). The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because using a generic processor or a computer, a RF wideband spectrum tool to process the method steps are well-known, routine and conventional in the field of art. See prior art of record showing these elements being generic in the field of art: Kleinbeck US 2019/0208112, Figures 1-7; Kleinbeck et al. US 2019/0364533, Figures 1-7; Canne et al. (US 2015/0241493), Figures 1-5, Abstract, P(0054, 0057). 10. Regarding claim 18, the claim(s) recite(s) a process of “identifying a signature characteristic of the electromagnetic signal, the identifying comprising: examining general file characteristics comprising information comprising radio frequency (RF) data and header file information, determining time and frequency characteristics of the signal, and processing digital I/Q signal data; receiving or identifying a selection of a portion of the received or sampled electromagnetic field, as an identified selected portion; receiving or sampling the electromagnetic signal; applying vector signal processing to create a second set of similar plots, corresponding to the identified selected portion, to provide at least two display windows, with the second display window displaying the identified selected portion; time synchronizing the two display windows so that inputs on first visual image correlate with the data displayed on the second display window; wherein the processing of the digital I/Q signal data comprises: processing digital I/Q signal data by performing fast Fourier transforms (FFTs);storing the FFTs and associating the FFTs with the time and frequency characteristics of the signal to process and store FFT summary values for peak and average power as FFT summary files, and storing the FFT summary values; and processing the stored FFT summary values to plot RF power, RF frequency with persistence, and spectrogram using lookup tables to provide a first visual image corresponding to segments of the I/Q signal data” which altogether is an abstract idea. See MPEP 2106.04 (a)(2). The steps of identifying a signature characteristic, examining general file information, determining time and frequency, processing data, applying vector, time synchronizing amounts to math and data processing which is carried out using a generic computer/processor which is an abstract idea, see Figures 8-9 for mathematical algorithm. This judicial exception is not integrated into a practical application because the limitations of “transmitting for remote access, compressed spectral image files to remote users” is considered post solution activity which amounts to no more than mere steps to apply the judicial exception. See MPEP 2106.05 (g) (f). The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because using a generic processor or a computer, a RF wideband spectrum tool to process the method steps are well-known, routine and conventional in the field of art. See prior art of record showing these elements being generic in the field of art: Kleinbeck US 2019/0208112, Figures 1-7; Kleinbeck et al. US 2019/0364533, Figures 1-7; Canne et al. (US 2015/0241493), Figures 1-5, Abstract, P(0054, 0057). Note: currently, no prior art rejection is made for this application. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to NEEL D SHAH whose telephone number is (571)270-3766. The examiner can normally be reached M-F: 9AM-5:30PM. 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, Judy Nguyen can be reached on 571-272-2258. 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. /NEEL D SHAH/ Primary Examiner, Art Unit 2858
Read full office action

Prosecution Timeline

Jun 04, 2021
Application Filed
Sep 04, 2024
Non-Final Rejection — §101
Dec 19, 2024
Response Filed
Jan 29, 2025
Final Rejection — §101
May 22, 2025
Response after Non-Final Action
Aug 15, 2025
Request for Continued Examination
Aug 19, 2025
Response after Non-Final Action
Aug 25, 2025
Non-Final Rejection — §101 (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
87%
Grant Probability
94%
With Interview (+7.3%)
2y 5m
Median Time to Grant
High
PTA Risk
Based on 611 resolved cases by this examiner. Grant probability derived from career allow rate.

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