Prosecution Insights
Last updated: August 18, 2026
Application No. 17/970,557

Software-Defined Synthesizable Testbench

Final Rejection §103
Filed
Oct 20, 2022
Priority
Sep 23, 2022 — provisional 63/409,648
Examiner
CHASE, SHELLY A
Art Unit
2112
Tech Center
2100 — Computer Architecture & Software
Assignee
Intel Corporation
OA Round
2 (Final)
95%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
97%
With Interview

Examiner Intelligence

Grants 95% — above average
95%
Career Allowance Rate
721 granted / 761 resolved
+39.7% vs TC avg
Minimal +3% lift
Without
With
+2.6%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 1m
Avg Prosecution
14 currently pending
Career history
785
Total Applications
across all art units

Statute-Specific Performance

§101
13.3%
-26.7% vs TC avg
§103
44.4%
+4.4% vs TC avg
§102
13.6%
-26.4% vs TC avg
§112
15.2%
-24.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 761 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 . Claims 1 to 21 are presented for examination. Response to Amendment The rejection of claims 1, 6 to 8, 11, 16 and 17 as being rejected under 35 U.S.C. 103 as obvious over Sugimura et al. is withdrawn. Response to Arguments Applicant’s arguments, see page 1, filed 4-27-2026, with respect to claims 11 and 13 have been fully considered and are persuasive. The objection of claim 13 has been withdrawn. 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. Claims 11 and 13 is rejected under 35 U.S.C. 103 as being unpatentable over Sugimura et al. (USPAP 2013/0231887 A1). Claims 11 and 13: Sugimura substantially teaches the claimed invention. Sugimura teaches a testing apparatus that tests a device under test (DUT) and includes one or more testing modules, the testing apparatus comprising: testing DUTs (300) either sequentially one at a time in a continuous series or may test the DUTs one at a time in an interrupted series (see fig. 1 and par. 0028). Sugimura teaches that the testing apparatus includes a plurality of control apparatuses (18) that can execute a test program managed by a different user to control the operation of the testing sections (32) assigned thereto (see par. 0042). Sugimura teaches that the testing apparatus enables the executed test programs to be edited for individual users, and a user can prepare overlapping test program that can execute overlapping tests (see par. 0042 to 0043). Sugimura teaches that the control apparatus executes a first, second and third thread (40-1, 40-2, & 40-3) according to a plurality of test programs and a test module (20) transmits the test results of each test program to the control apparatus (see par. 0044). Sugimura teaches that the test module includes a first and a second memory bank (31-1 and 31-2) for storing the test results of each test section (see par. 0046). Sugimura teaches that performing overlapping tests on the DUTs, the order in which each test started and ended may be reversed (see par. 0058 et seq.). Sugimura teaches that each thread executes a prescribed test item, and a user preferably sets in the test program an indication of whether each thread is to perform parallel testing or overlapping testing (see par. 0064). Sugimura teaches that each control apparatus stores identification information when the execution of a thread corresponds to a test program (see par. 0096). Sugimura teaches that the identification information contains a context number, and the context number identifies the thread that issues the testing command (see par. 0098 et seq.). Sugimura fails to specifically teach the limitation of: “wherein the plurality of test streams conforms to a non-memory protocol;” however, this teaching is obvious to the teachings of Sugimura because Sugimura teaches that a testing apparatus for testing DUTs perform either overlapping test or parallel testing based on test signals developed by one or more users. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the testing apparatus of Sugimura to include the limitation of: “wherein the plurality of test streams conform to a non-memory protocol” because Sugimura teaches that performing a plurality of test in either an overlapping form or in a parallel form on a plurality of DUTs reduces testing time (see par. 0054). This modification would have been obvious because a person of ordinary skill in the art would have been motivated to employ a testing method and an apparatus for performing a plurality of testing of DUT’s in an overlapping form or parallel form to reduce testing time as taught by Sugimura (see par. 0054 et seq.). As to the other limitation of the claims, Sugimura teaches that fails to specifically teach that the testing apparatus includes a connecting section (24) that connects the control apparatus to the test modules (20) (see if. 1 and par. 0036). Sugimura teaches that a universal or specialized high-speed serial bus may be used to connect the system controller to the control apparatus, which reads on “plurality of test streams confirm to the advanced eXtensible interface (AXI) protocol” (see par. 0039). Allowable Subject Matter Claims 12 and 14 to 18 are objected to as being dependent upon a rejected base claim but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Claims 1 to 10, and 19 to 21 are allowed. The following is a statement of reasons for the indication of allowable subject matter: the prior art made of record teaches the system, method and apparatus for testing multiple DUT’s as detailed above; however, the prior art made of record, taken alone or in combination fails to teach or fairly suggest or render obvious the combination of elements with the novel element of the claims of: wherein the testbench processor is formed at least in part in field programmable gate array (FPGA) programmable logic circuitry. 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 SHELLY A CHASE whose telephone number is (571)272-3816. The examiner can normally be reached Mon-Thu 8:00-5:30, 2nd Friday 8:00-4:30. 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, Albert Decady can be reached at 571-272 3819. 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. /Shelly A Chase/Primary Examiner, Art Unit 2112
Read full office action

Prosecution Timeline

Oct 20, 2022
Application Filed
Dec 06, 2022
Response after Non-Final Action
Jan 27, 2026
Non-Final Rejection mailed — §103
Apr 16, 2026
Interview Requested
Apr 23, 2026
Applicant Interview (Telephonic)
Apr 23, 2026
Examiner Interview Summary
Apr 27, 2026
Response Filed
Jul 30, 2026
Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12659076
Methods for Rapid Fault Recovery of Corrupted 5G/6G Messages
1y 9m to grant Granted Jun 16, 2026
Patent 12647218
METHOD AND DEVICE FOR TRANSMITTING AND RECEIVING SIGNAL IN WIRELESS COMMUNICATION SYSTEM
2y 0m to grant Granted Jun 02, 2026
Patent 12647208
SYSTEMS AND METHODS OF LOW LATENCY DATA COMMUNICATION FOR PHYSICAL LINK LAYER RELIABILITY
1y 9m to grant Granted Jun 02, 2026
Patent 12647309
PROBABILISTIC CONSTELLATION SHAPING FOR SLOT AGGREGATION
1y 7m to grant Granted Jun 02, 2026
Patent 12640842
COMMUNICATION TECHNIQUES APPLYING LOW-DENSITY PARITY-CHECK CODE BASE GRAPH SELECTION
2y 5m to grant Granted May 26, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

3-4
Expected OA Rounds
95%
Grant Probability
97%
With Interview (+2.6%)
2y 1m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 761 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month