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 .
The amendment filed on April 29, 2026 has been considered.
Claim Objections
Claim 15 is objected to because of the following informalities: claim 15, “a trigger condition” (line 5) should be – a condition of a trigger – to provide antecedent basis to “the trigger” (line 11).
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 7, 11, and 18 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 7, “the histogram processor is structured to generate a second histogram immediately after generating the first histogram” is not described in the original disclosure. For example, in the original disclosure, paragraph 0030 discloses “in a system with two histograms 450, 451, the histogram processor 400 immediately switches to the second histogram 451 as the first histogram 450 is being transferred to the acquisition memory 108, or other memory accessible by the main instrument 100 for view processing. Then, when the second histogram 451 is ready for viewing, the second histogram 451 is transferred to the acquisition memory 108 and the histogram processor 400 immediately switches back to filling the first histogram 450 with new sample data, with no input data being missed.” Based on the paragraph, the first and second histograms have already been generated and are switched back and forth for further updating.
Claim 11, “the histogram processor is further configured to, when starting transfer of the raster to the memory location in the test and measurement instrument,
switch to constructing a second raster, and, when starting transfer of the second raster to a memory location in the test and measurement instrument, switch back to constructing the first raster” is not described in the original disclosure. As discussed above with regard to paragraph 0030, the first and second histograms/rasters have already been constructed and are switched back and forth for further updating.
Claim 18, “generating a second raster display when the first raster display is stored in the raster memory” is not described in the original disclosure. For example, paragraph 0069 of the original disclosure describes “generating a raster display from the histogram, and simultaneously storing the series of digital samples in an acquisition memory and storing the raster display in a raster memory”.
Claim Rejections - 35 USC § 101
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.
Claims 1-3 and 6-9 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Pursuant to the 2019 Revised Patent Subject Matter Eligibility Guidance (MPEP 2106), the following analysis is made:
Under step 1 of the Guidance, the claims fall within a statutory category.
Under step 2A, prong 1, claim 1 recites an abstract idea of “generate a histogram of values of the digital samples prior to or simultaneously with the values being stored in the acquisition memory (generating data, mental process), “generate a histogram based on a trigger result” (generating data, mental process), “the values of the digital samples in the histogram are offset in the ring buffer from the trigger result” (generated abstract data, mental process).
The mere nominal recitation of a generic processor (processor) does not take the claim limitation out of the abstract idea (MPEP 2106.04(a)(2) (III)).
Under step 2A, prong 2, in claim 1, the claim limitations are not integrated into a practical application. In claim 1, an input for accepting an input signal, storing the input signal, storing series of digital samples are directed to insignificant extra solution activities (MPEP 2106.05(g)). While the claim recites “the histogram is used to generate a raster display”, the claim does not recite “[g]enerating a raster display” as in claim 15. “Generat[ing] a raster display” is interpreted as an intended application. Accordingly, the histogram has not been used/applied in a meaningful way since the meaningful way (i.e., generating a raster display) is not been recited.
Under step 2B, in claim 1, an input for accepting an input signal, storing the input signal, storing series of digital samples are well-understood, routine and conventional activities known in the industry, have been found not to be enough to qualify as “significantly more” than the claimed judicial exception (see MPEP 2106.05(d)).
The remaining dependent claims do not provide meaningful limitation(s) to transform the abstract idea into a patent eligible application of the abstract idea.
Claims 2 and 3 are directed to insignificant extra solution activities.
Claims 6-9 are directed to an abstract idea.
Accordingly, claim 1 and its dependent claims 2, 3, and 6-9 are patent ineligible under 35 USC 101.
Prior Art Note
Claims 1-3 and 6-9 do not have prior art rejections.
The combination as claimed wherein a test and measurement instrument comprising of the values the digital samples stored in the histogram are offset in the ring buffer from the trigger result (claim 1) is not disclosed, suggested, or made obvious by the prior art of record.
Allowable Subject Matter
Claims 10 and 12-14 are allowed.
Claims 15, 17, and 19-20 would be allowable if rewritten or amended to overcome the objection set forth in this Office action.
Reasons For Allowance
The following is an examiner’s statement of reasons for allowance:
The combination as claimed wherein a test and measurement instrument, comprising increment a corresponding bin value of a two-dimensional histogram for each selected digital sample in portion of the series of digital samples at least as fast as a rate at which the input samples are received from the DUT (claim 10) or retrieving the at least some of the series of digital samples is based on an offset to a location of the trigger (claim 15) is not disclosed, suggested, or made obvious by the prior art of record.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Response to Arguments
Applicant's arguments filed on April 29, 2026 have been fully considered.
Applicant’s arguments and amendments with respect to the drawing objections have been fully considered and are persuasive. The drawing objections have been withdrawn.
Applicant’s arguments and amendments with respect to the rejections under 35 USC 112(b) have been fully considered and are persuasive. The rejections under 35 USC 112(b) have been withdrawn.
With respect to the rejections under 35 USC 101, Applicants argue “claim 1 is amended to recite a corresponding limitation of "the histogram is used to generate a raster display." This limitation has been incorporated into claim 1 from claim 8. Although Applicant does not concede that claim 1 recites an abstract idea, this amended limitation serves to integrate any alleged abstract idea recited in claim 1 into a practical application, just as it does for claim 15.”
Examiner’s position is that while the claim recites “the histogram is used to generate a raster display”, the claim does not recite “[g]enerating a raster display” as in claim 15. “Generat[ing] a raster display” is interpreted as an intended application.
Accordingly, the histogram has not been used/applied in a meaningful way since the meaningful way (i.e., generate a raster display) is not been recited.
Applicant’s arguments and amendments with respect to the rejections under 35 USC 102/103 have been fully considered and are persuasive. The rejections under 35 USC 102/103 have been withdrawn.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Etheridge et al. (US 2004/0008160) discloses “trigger hold-off periods including pre-trigger and post-trigger hold-off periods” (paragraph 0021, lines 1-3). Etheridge et al. further discloses “the data acquisition circuit 115 may provide to the acquisition rasterizer 130 a decimated sample stream comprising samples acquired at or before the time of trigger assertion (pre-trigger samples), as well as samples acquired following the trigger assertion. (paragraph 0020, lines 8-13).
However, Etheridge et al. does not disclose the values the digital samples stored in the histogram are offset in the ring buffer from the trigger result or retrieving the at least some of the series of digital samples is based on an offset to a location of the trigger.
Lim et al. (US 2024/0027497) discloses to reduce blind time, the instrument can capture the waveform at a higher rate with a shorter trigger hold-off period and display it at a higher display refresh rate (paragraph 0004).
However, Lim et al. does not disclose increment a corresponding bin value of a two-dimensional histogram for each selected digital sample in portion of the series of digital samples at least as fast as a rate at which the input samples are received from the DUT.
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 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.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michael Nghiem whose telephone number is (571) 272-2277. The examiner can normally be reached on M-F.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Andrew Schechter can be reached at (571) 272-2302. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/MICHAEL P NGHIEM/Primary Examiner, Art Unit 2857 July 4, 2026
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