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 .
Election/Restrictions
Applicant’s election without traverse of group II, claims 11-18 in the reply filed on 05/26/2026 is acknowledged. However 18 is depended on claim 1 which is in the non-elected group will also be withdrawn with group I, claims 1-9 and accordingly claims 1-9 and 18 have been withdraw from consideration. Claims 10-17 are currently being examined.
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.
Claim(s) 10-11 is/are rejected under 35 U.S.C. 102 (a)(2) as being anticipated by anticipated by Guenther (Pub. No. US 2022/0299566).
With regard to claim 10, Guenther discloses a method, comprising: receiving, at a test and measurement instrument [abstract, line 1-3, “Device Under Test (DUT), where the test waveform has a plurality of input level transitions, a selector structured to respectively and individually extract only those portions of the test waveform”] , a waveform signal having multiple signal levels and multiple jitter thresholds from a device under test 210 (fig. 2, abstract, line 2-4, “for each of the extracted portions of the waveform); and adjusting measurements of each level of the waveform signal from the DUT using a jitter compensation value for each level to produce final measurements [0061 “a jitter processor structured to determine a first noise-compensated jitter measurement of the DUT from the composite distribution.”].
With regard to claim 11, Guenther discloses determining a jitter compensation value for each of the multiple levels [0061, “a jitter processor structured to determine a first noise-compensated jitter measurement of the DUT from the composite distribution”].
Allowable Subject Matter
Claims 12-17 are objected to as being dependent upon a rejected base claim 10, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
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/PHUTTHIWAT WONGWIAN/Supervisory Patent Examiner, Art Unit 3741
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