Prosecution Insights
Last updated: August 18, 2026
Application No. 18/419,045

MEASUREMENT DEVICE BEING ACTIVATABLE VIA WAKE-ON NETWORK CAPABILITIES

Final Rejection §101§103
Filed
Jan 22, 2024
Priority
Mar 03, 2023 — EU 23 159 808.7
Examiner
PRIFTI, AUREL
Art Unit
2175
Tech Center
2100 — Computer Architecture & Software
Assignee
Rohde & Schwarz GmbH & Co. KG
OA Round
2 (Final)
83%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allowance Rate
522 granted / 630 resolved
+27.9% vs TC avg
Strong +22% interview lift
Without
With
+22.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
23 currently pending
Career history
651
Total Applications
across all art units

Statute-Specific Performance

§101
9.7%
-30.3% vs TC avg
§103
58.4%
+18.4% vs TC avg
§102
14.6%
-25.4% vs TC avg
§112
14.2%
-25.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 630 resolved cases

Office Action

§101 §103
DETAILED ACTION Claims 1-20 are presented for examination, of which, claims 3-12 and 17-20 are withdrawn from further consideration pursuant to 35 CFR 1.142(b) as being drawn to a nonelected election. The present application is being examined under the AIA (America Invents Act) First Inventor to File. This Office Action is Final. This action is responsive to the following communication: the response filed on 04-15-2026. Claim Objections Claim objections presented during the Non-Final Office Action are withdrawn, in light of the amendment filed by Applicant(s). Claim Rejections - 35 USC § 101 Claim rejections under 35 U.S.C. 101 have been withdrawn, in light of the amendment set forth by Applicant(s). Claim Rejections - 35 USC § 103 The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claim(s) 1-2, 13-16 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Publication No. 2017/0223808 (hereinafter, “Barna”) in view of U.S. Publication No. 2015/0092520 (hereinafter, “Robinson”) As per claim(s) 1, 13, 14, 151, Barma discloses a measurement device comprising: a network unit for remotely activating and deactivating the measurement device, and (wireless control system 10 allows users via network 28 to control devices 26 (i.e., dimmer switch that includes communication modules ¶ [0056]) in the on or off position: Fig’s 1-2, ¶ [0060] ) a remote control interface for controlling at least one of the functions, settings of the measurement device, or a combination thereof, remotely after the measurement device has been activated through the network unit, (¶ [0062] discloses how a use may control power/dimmer settings for one or more control devices. For further detail, see Fig’s 10, 12-21) Barna does not distinctly disclose wherein the wake-on network unit is configured to operate at an ultra-low power state when the measurement device is deactivated. However, Robinson explicitly discloses wherein the wake-on network unit is configured to operate at an ultra-low power state when the measurement device is deactivated. ( ¶ [0021] discloses the process of waking a smart watch in response to certain functions. Furthermore, ¶ [0019] further discloses the process where “While in the sleep mode, the watch can power down a majority of the sensors” ) . It would have been obvious before the effective filing date of the claimed invention to modify the teachings of Barna and Robinson because both references are in the same field of endeavor. Robinson’s teaching of powering sensor during a power saving mode would enhance Barma's system by allowing the system to conserve even more energy, thus improving power management for the system. As per claims 2, 16, a measurement device wherein the wake-on network unit comprises or is a wake-on local area network unit. (Barna: ¶ [0037] ) Response to Arguments Applicant's arguments filed on 04-15-2026 have been considered but are moot in view of the new ground(s) of rejection. 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 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 date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to AUREL PRIFTI whose telephone number is (571)270-1743. The examiner can normally be reached on M-F 8 a.m.- 6 p.m.. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Andrew J. Jung can be reached on 571-270-3779. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /AUREL PRIFTI/Primary Examiner, Art Unit 2175 Aurel Prifti Primary Examiner Art Unit 2175 Tel. (571) 270-1743 Fax (571) 270-2743 aurel.prifti@uspto.gov 1 As per independent claim(s) 13-15, these claims are substantially equivalent to measurement device claim 1, because the additional feature(s) are present on any off the shelf general-purpose computer. Therefore, for at least this reason, claims 13-15 also stand rejected. Indeed, at least Fig’s 1-5 of the cited prior arts illustrates the feature of processor and memory for storing instructions.
Read full office action

Prosecution Timeline

Jan 22, 2024
Application Filed
Jan 15, 2026
Non-Final Rejection mailed — §101, §103
Apr 15, 2026
Response Filed
Jul 01, 2026
Final Rejection mailed — §101, §103 (current)

Precedent Cases

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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
83%
Grant Probability
99%
With Interview (+22.4%)
2y 6m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 630 resolved cases by this examiner. Grant probability derived from career allowance rate.

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