DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
The amendment filed on 03/10/2026 has been entered. Claim(s) 1-5, 7-23 is/are now pending in the application. Applicant's amendments have addressed all informalities as previously set forth in the non-final action mailed on 12/10/2025.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-5, 7-23 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by ZHU et al. (US 9699446 B2) (hereinafter “ZHU”).
With respect to Claim(s) 1, ZHU teaches a test and measurement device, system, and method for synchronizing measurement views and configuration parameters across multiple input channels or devices and the BRI of:
a primary instrument (See, e.g., Fig(s). 1, 2)
including:
an input for receiving a test signal for measurement or analysis from a Device Under Test (DUT) and generating a test waveform from the test signal (See, e.g., Fig(s). 1, 2),
a waveform duplicator for generating and sending a copy of the test waveform to one or more secondary instruments separate from the primary instrument (See, e.g., Fig(s). 1, 2, 13),
a synchronizer for generating a synchronizing signal separate from the test waveform (See, e.g., Fig(s). 1, 2, 13), and
a primary display (See, e.g., Fig(s). 1, 2);
the one or more secondary instruments each structured to receive the copy of the test waveform for analysis and the synchronization signal (See, e.g., Fig(s). 13), and
each of the one or more secondary instruments including:
a receiver structured to receive a command related to measurement or analysis of the copy of the test waveform (See, e.g., Fig(s). 13),
one or more processors for executing the received command at a time controlled by the synchronization signal (See, e.g., Fig(s). 13),
a secondary display for showing results of executing the received command on each of the one or more secondary instruments (See, e.g., Fig(s). 13), and
an output for sending a copy of the results of the executed command to be displayed on the primary display separate from any user interface of the one or more secondary instruments (See, e.g., Fig(s). 13); and
wherein
the primary display is configured to
show a combined result of the output of each of the one or more secondary instruments (See, e.g., Fig(s). 3-12, 14).
With respect to Claim(s) 12, ZHU teaches a test and measurement device, system, and method for synchronizing measurement views and configuration parameters across multiple input channels or devices and the BRI of:
a signal receiver in a primary instrument (See, e.g., Fig(s). 1, 2)
including
an input for receiving a test signal for measurement or analysis from a Device Under Test (DUT) from which a test waveform is generated (See, e.g., Fig(s). 1, 2);
a master controller coupled to the signal receiver and structured to make a copy of the test waveform available to one or more secondary instruments separate from the primary instrument (See, e.g., Fig(s). 1, 2, 13),
the master controller further configured to generate a synchronizing signal separate from the test waveform (See, e.g., Fig(s). 1, 2, 13);
the one or more secondary instruments each structured to receive the copy of the test waveform for analysis (See, e.g., Fig(s). 13), and
each of the one or more secondary instruments including:
a receiver structured to receive a command related to measurement or analysis of the copy of the test waveform from the master controller (See, e.g., Fig(s). 13),
one or more processors for executing the received command at a time controlled by the synchronization signal (See, e.g., Fig(s). 13),
a secondary display for showing results of the executed command on each of the one or more secondary instruments (See, e.g., Fig(s). 13); and
an output for sending the results of the executed command to the master controller (See, e.g., Fig(s). 13); and
a primary display (See, e.g., Fig(s). 1, 2) configured to
show a combined result of the output of each of the one or more secondary instruments to the master controller (See, e.g., Fig(s). 3-12, 14).
With respect to Claim(s) 14, ZHU teaches a test and measurement device, system, and method for synchronizing measurement views and configuration parameters across multiple input channels or devices and the BRI of:
receiving a test signal for measurement or analysis from a Device Under Test (DUT) at a first device (See, e.g., Fig(s). 1, 2);
generating a test waveform from the test signal (See, e.g., Fig(s). 1, 2);
duplicating the test waveform to produce a copy of the test waveform (See, e.g., Fig(s). 1, 2, 13);
generating a synchronization signal (See, e.g., Fig(s). 1, 2, 13);
sending the synchronization signal and the copy of the test waveform to two or more test devices (See, e.g., Fig(s). 1, 2, 13); and
at each of the two or more test devices,
receiving a command related to measurement or analysis of the copy of the test waveform (See, e.g., Fig(s). 13),
executing the received command at a time controlled by the synchronization signal displaying results of the executed command on a respective secondary display of the two or more test devices (See, e.g., Fig(s). 13), and
sending an output of the executed command to a primary display of the first device that is separate from the two or more test devices (See, e.g., Fig(s). 13); and
wherein
the primary display is configured to show a combined result of the output sent from each of the two or more test devices (See, e.g., Fig(s). 3-12, 14).
With respect to Claim(s) 2, ZHU teaches the BRI of the parent claim(s).
ZHU further teaches the BRI of:
further comprising
a master controller coupled to the output of the one or more secondary instruments (See, e.g., Fig(s). 1-14),
and
the master controller having
a user interface with a window to display the output of each of the one or more secondary instruments (See, e.g., Fig(s). 1-14).
With respect to Claim(s) 3, ZHU teaches the BRI of the parent claim(s).
ZHU further teaches the BRI of:
in which
the user interface of the master controller
further includes
an input for controlling the primary instrument and selected ones of the one or more secondary instruments (See, e.g., Fig(s). 1-14).
With respect to Claim(s) 4, ZHU teaches the BRI of the parent claim(s).
ZHU further teaches the BRI of:
in which
each of the one or more secondary instruments is structured to
use the synchronization signal to execute its received command substantially simultaneously (See, e.g., Fig(s). 1-14).
With respect to Claim(s) 5, ZHU teaches the BRI of the parent claim(s).
ZHU further teaches the BRI of:
in which
the test waveform includes
multiple segments (See, e.g., Fig(s). 1-14), and
in which
each of the one or more secondary instruments is structured to
operate on the same of the multiple segments substantially simultaneously (See, e.g., Fig(s). 1-14).
With respect to Claim(s) 19, ZHU teaches the BRI of the parent claim(s).
ZHU further teaches the BRI of:
in which
the test waveform includes
multiple segments (See, e.g., Fig(s). 1-14),
the method further comprising
identifying a selected one of the multiple segments for routing to the one or more test devices (See, e.g., Fig(s). 1-14).
With respect to Claim(s) 7, ZHU teaches the BRI of the parent claim(s).
ZHU further teaches the BRI of:
in which
at least one of the one or more secondary instruments operate as a virtual computer process (See, e.g., Fig(s). 1-14).
With respect to Claim(s) 8, ZHU teaches the BRI of the parent claim(s).
ZHU further teaches the BRI of:
in which
each of the one or more secondary instruments lacks any input for receiving the test signal from the DUT (See, e.g., Fig(s). 1-14).
With respect to Claim(s) 9, ZHU teaches the BRI of the parent claim(s).
ZHU further teaches the BRI of:
in which
each of the one or more secondary instruments is structured to,
after receiving a stop command,
stop execution and remain in a wait state (See, e.g., Fig(s). 1-14).
With respect to Claim(s) 21, ZHU teaches the BRI of the parent claim(s).
ZHU further teaches the BRI of:
further comprising
sending a stop command to the one or more test devices to
simultaneously stop execution of the received command (See, e.g., Fig(s). 1-14).
With respect to Claim(s) 10, ZHU teaches the BRI of the parent claim(s).
ZHU further teaches the BRI of:
in which
each of the one or more secondary instruments is structured to simultaneously restart execution upon receipt of another command (See, e.g., Fig(s). 1-14).
With respect to Claim(s) 22, ZHU teaches the BRI of the parent claim(s).
ZHU further teaches the BRI of:
further comprising
sending a restart command to the one or more test devices to restart execution of the received command for a pre-determined time, and then to stop execution of the received command (See, e.g., Fig(s). 1-14).
With respect to Claim(s) 23, ZHU teaches the BRI of the parent claim(s).
ZHU further teaches the BRI of:
further comprising
sending a restart command to the one or more test devices to restart execution of the received command until a pre-determined event occurs, and then to stop execution of the received command (See, e.g., Fig(s). 1-14).
With respect to Claim(s) 11, ZHU teaches the BRI of the parent claim(s).
ZHU further teaches the BRI of:
in which
each of the one or more secondary instruments is structured to execute for a pre-defined time prior to stopping execution (See, e.g., Fig(s). 1-14).
With respect to Claim(s) 13, ZHU teaches the BRI of the parent claim(s).
ZHU further teaches the BRI of:
in which
the master controller is structured to simultaneously display the output of each of the one or more secondary instruments (See, e.g., Fig(s). 1-14).
With respect to Claim(s) 15, ZHU teaches the BRI of the parent claim(s).
ZHU further teaches the BRI of:
further comprising,
at each of the one or more test devices, storing the copy of the test waveform as a local copy of the test waveform (See, e.g., Fig(s). 1-14).
With respect to Claim(s) 16, ZHU teaches the BRI of the parent claim(s).
ZHU further teaches the BRI of:
in which
the test and measurement system includes
a master controller (See, e.g., Fig(s). 1-14),
the method further comprising
displaying the output from the one or more test devices on a user interface of the master controller (See, e.g., Fig(s). 1-14).
With respect to Claim(s) 17, ZHU teaches the BRI of the parent claim(s).
ZHU further teaches the BRI of:
further comprising
sending a control command from the master controller to fewer than all of the one or more test devices (See, e.g., Fig(s). 1-14).
With respect to Claim(s) 18, ZHU teaches the BRI of the parent claim(s).
ZHU further teaches the BRI of:
further comprising
accepting a selection of which of the one or more test devices to send the control command from a user (See, e.g., Fig(s). 1-14).
With respect to Claim(s) 20, ZHU teaches the BRI of the parent claim(s).
ZHU further teaches the BRI of:
further comprising
sending synchronization information to the one or more test devices (See, e.g., Fig(s). 1-14).
Response to Arguments
Applicant's argument(s)/remark(s), see page(s) 7-11, filed 03/10/2026, with respect to the art rejection(s) has/have been fully considered.
-Applicant states
“Applying the art to the claims
Claims 1-5 and 7-23 are rejected under 35 U.S.C. § 102(a)(1) as being anticipated by Zhu et al. (US 9,699,446; hereinafter "Zhu"). As Zhu does not teach or suggest a system that duplicates and distributes copies of a waveform to one or more secondary instruments, the Applicant respectfully disagrees.
Among other features, claimed embodiments of the invention receive a test signal from a Device Under Test (DUT), generate a test waveform from the received test signal, and then send copies of the test waveform to other instruments to evaluate the test waveform.
The background of the original specification sets up one of the problems sought to be solved:
"An automated test system including a test and measurement instrument, such as an oscilloscope ("scope"), often cannot compute measurements fast enough for the needs of the user." (Specification, paragraph [0003])
And
"But, there is presently no way to coordinate and operate multiple test devices that each run independently." (Specification, paragraph [0003])
A solution to the stated problem is described as:
"In general, the test and measurement system described herein includes a primary instrument for acquiring a test signal from a Device Under Test (DUT), and one or more secondary instruments that perform various measurements on the acquired test signal."
(Specification, paragraph [0012], emphasis added).
Claim 1 includes, among other recitations, the feature of "a waveform duplicator for generating and sending a copy of the test waveform to one or more secondary instruments separate from the primary instrument". (Pending claim 1). Claim 12 similarly includes "a master controller coupled to the signal receiver and structured to make a copy of the test waveform available to one or more secondary instruments separate from the primary instrument" (Pending claim 12). Further, claim 14 includes the recitation of "duplicating the test waveform to produce a copy of the test waveform" (Pending claim 14).
Zhu fails to teach or suggest the above-cited features of the independent claims, and therefore the Applicant respectfully disagrees that Zhu anticipates the invention as claimed.
The Office Action (Page 3) states that the Broadest Reasonable Interpretation (BRI) of the claimed "waveform duplicator" of claim 1 is anticipated by Figs 1 and 2 of Zhu. But there is nothing the Applicant finds in these figures or the related text that Zhu teaches or suggests duplicating a test waveform. Instead, each of the measurement units 210 and 212 of Zhu's Figure 2 operate only on signals received by their respective processing units 205 and 207. There is no depiction or description by Zhu of copying or exporting a signal from the terminal input 110 to the measurement unit 212, which is, instead, coupled to the input terminal 112. Nor is their copying or exporting a signal from the terminal input 112 to the measurement unit 210, which is, instead, coupled to the input terminal 110. In other words, the signal paths from Zhu's inputs are independent, as illustrated in this annotated version of Zhu's Figure 2, which shows signals from terminal input 110 in yellow being processed by measurement unit 210 and produced in a tile display 220, and signals from terminal input 112 in blue being processed by measurement unit 212 and produced in a tile display 225.
(Figure 2 of Zhu, annotated)
Similarly, the embodiment of Zhu illustrated in Fig. 13, which depicts multiple test and measurement instruments, does not illustrate or describe any of test and measurement instruments 105, 107, 109 as duplicating waveforms and sharing them with one another. Rather the only communication illustrated in Figure 13 between the measurement instruments is described as ..."synchronization inputs 135 and synchronization outputs 135 for synchronizing measurement views and configuration parameters among the different test and measurement instruments according to embodiments of the invention." (Zhu, Column 10, lines 57 - 60).
Zhu's 11O synch Ports 135 are illustrated in Figure 13, presented below:
FIGURE 13
(Zhu, Figure 13, annotated)
A claim is anticipated only if each and every element as set forth in the claim is found, either expressly or inherently described, in a single prior art reference (MPEP 2131). As detailed above, there is no express nor inherent description in Zhu of:
-"a waveform duplicator for generating and sending a copy of the test waveform to one or more secondary instruments separate from the primary instrument", as set forth in pending claim 1; nor
-"a master controller coupled to the signal receiver and structured to make a copy of the test waveform available to one or more secondary instruments separate from the primary instrument", as set forth in pending claim 12; nor
-"duplicating the test waveform to produce a copy of the test waveform", as set forth in pending claim 14.
As Zhu fails to teach or suggest at least these features of the independent claims of the pending application, it is respectfully submitted that Zhu cannot fairly anticipate the claimed invention according to U.S.C. § 102(a)(1). Dependent claims that depend from an allowable claim are likewise allowable. MPEP 2143.03.”.
Examiner respectfully disagrees with the underlined argument(s)/remark(s).
Examiner’s BRI of the function “generating and sending a copy of the test waveform to one or more secondary instruments separate from the primary instrument” is merely communicatively sharing waveform data with an external instrument for processing, displaying, etc.
ZHU teaches a test and measurement device, system, and method for synchronizing measurement views and configuration parameters across multiple input channels or devices. A method includes receiving signals under test associated with multiple input channels of the test and measurement instrument or with multiple devices, selecting a measurement view of one input signal or device, receiving a synchronized view enable preference from a user control interface, and synchronizing the measurement view or configuration parameters of the other signals or devices with what was chosen on the first signal or device. A test and measurement instrument includes input terminals to receive the input signals, a user control interface to receive input from an operator, a display to provide measurement information about the input signals, and a synchronization control unit to synchronize measurement views and/or configuration parameters between the inputs or devices.
Specifically, Fig. 13 of ZHU teaches “multiple test and measurement instruments and having synchronization inputs and synchronization outputs for synchronizing measurement views and configuration parameters among the different test and measurement instruments according to embodiments of the invention. Two or more waveform monitors can be synchronized using techniques similar to those described above, except that multiple displays from multiple devices are involved. In other words, measurement views and configuration parameters can be synchronized between the waveform monitors using a synchronization signal that is transmitted from, for instance, a synchronization output of one waveform monitor to a synchronization input of another waveform monitor.”
Therefore, ZHU teaches the BRI of the argued claim feature, and Examiner is not persuaded that said feature is an inventive and novel concept. Examiner maintains previous rejection(s).
Conclusion
THIS ACTION IS MADE FINAL. 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 extension fee 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 RAYMOND NIMOX whose telephone number is (469)295-9226. The examiner can normally be reached Mon-Thu 10am-8pm CT.
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RAYMOND NIMOX
Primary Examiner
Art Unit 2857
/RAYMOND L NIMOX/Primary Examiner, Art Unit 2857