Prosecution Insights
Last updated: April 19, 2026
Application No. 18/430,826

Modular positioner and/or fixture, measurement system and data processing program product for a Device Under Test (DUT)

Non-Final OA §102§103
Filed
Feb 02, 2024
Examiner
HE, AMY
Art Unit
2858
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Rohde & Schwarz GmbH & Co. Kg
OA Round
1 (Non-Final)
81%
Grant Probability
Favorable
1-2
OA Rounds
2y 10m
To Grant
85%
With Interview

Examiner Intelligence

Grants 81% — above average
81%
Career Allow Rate
425 granted / 523 resolved
+13.3% vs TC avg
Minimal +4% lift
Without
With
+4.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
20 currently pending
Career history
543
Total Applications
across all art units

Statute-Specific Performance

§101
0.9%
-39.1% vs TC avg
§103
44.6%
+4.6% vs TC avg
§102
36.7%
-3.3% vs TC avg
§112
9.4%
-30.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 523 resolved cases

Office Action

§102 §103
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 . 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. Claim Rejections - 35 USC § 102 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. Claims 1-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yamada et al. (U. S. Patent 9,506,948). As for claims 1 and 2, Yamada et al. discloses a modular positioner and/or fixture (see Figs. 1 and 2) for a device under test (DUT 12), comprising - a first positioning and/or fixing connector (device holder 30) or a plurality of first positioning and/or fixing connectors (plurality of device holders 30 on each tray 10), adapted for being detachably mounted to a DUT (12); - a second positioning and/or fixing connector (test socket 122) or a plurality of second positioning and/or fixing connectors (see the plurality of 122 on the socket board 120), adapted for being mounted to a test arrangement (socket board 120); - the or each first positioning and/or fixing connector (30) being adapted to automatically interact with a respective second positioning and/or fixing connector (122) to provide a positioning and/or fixing of said DUT (12), thereby automatically effecting a positive form-fit interaction and/or a non-positive force-fit interaction (i.e., by using the actuator 320, the control section 340 and image capturing section 310 to automatically control the connection and disconnection of the two connectors); and further comprising - an elongated guiding element or a plurality of elongated guiding elements, in particular a guiding pin or a plurality of guiding pins (see the two guiding pins 124 in Fig. 2), said guiding element or elements (124) being adapted for guiding the first positioning and/or fixing connector (30) into a fixing position with respect to the second positioning and/or fixing connector (122). As for claim 3, Yamada et al. discloses a modular positioner and/or fixture according to claim 1, wherein said elongated guiding element or a plurality of elongated guiding elements, in particular said guiding pin or said plurality of guiding pins is arranged offset from a central axis of said first positioning and/or fixing connector (i.e., the pins 124 is offset from the central axis of first/second connectors 30 and 122 as shown in Fig. 2). As for claim 4, Yamada et al. discloses a modular positioner and/or fixture according to claim 1, wherein said elongated guiding element or said plurality of elongated guiding elements, in particular said guiding pin or said plurality of guiding pins (pins 124 in Fig. 2) is adapted to interact with a guiding recess or with a plurality of guiding recesses, thereby effecting a positive form-fit interaction and/or a non-positive force-fit interaction (see the two recesses/pin insertion sections 36 in Fig. 2). As for claim 5, Yamada et al. discloses a modular positioner and/or fixture according to claim 1, wherein said first positioning and/or fixing connector (30) or said second positioning and/or fixing connector (122) comprises an elongated fixing element (244), in particular a clamping spigot, adapted for positive form-fit interaction and/or for non-positive force-fit interaction with a fixing arrangement (32, and 34), in particular with a clamping arrangement (32 and 34 with a spring), such fixing arrangement being arranged in the respective other positioning and/or fixing connector. As for claim 6, Yamada et al. discloses a modular positioner and/or fixture according claim 5, wherein said fixing arrangement (32 and 34), in particular said clamping arrangement, is configured as electrically or electronically controlled and/or as electrically or electronically actuated fixing arrangement, controllable via electrical or electronical control commands (i.e., controlled by using the control section 340 and the actuator 320 in Fig. 1). As for claim 7, Yamada et al. discloses a modular positioner and/or fixture according to claim 1, wherein interaction of a first positioning and/or fixing connector (30) with a respective second positioning and/or fixing connector (122) to effect a positive form-fit interaction and/or for non-positive force-fit interaction can be actuated by an actuator (actuator 320; or driving section 246) or by a plurality of actuators, in particular by an electrical actuator controllable via electrical or electronical control commands (i.e., controlled by using control section 340). As for claim 8, Yamada et al. discloses a modular positioner and/or fixture according to claim 7, wherein said actuator (actuator 320; or 246) or said plurality of actuators is electrically or electronically connected to a proximity sensor (310 for sensing the proximity or position of the test socket 122) or to a plurality of proximity sensors, in particular to a proximity switch. As for claim 9, Yamada et al. discloses a modular positioner and/or fixture according to claim 1, wherein a first positioning and/or fixing connector (30) and a respective second positioning and/or fixing connector (122) comprise an electrical connector or a plurality of electrical connectors (i.e., the electrodes 126 and 18 as shown in Fig. 2). As for claim 10, Yamada et al. discloses a measurement system (in Figs. 1 and 2) for a device under test (DUT 12) comprising a modular positioner and/or fixture, comprising: - a test arrangement (120); - a first positioning and/or fixing connector or a plurality of first positioning and/or fixing connectors (see the device holders 30 in Fig. 2), adapted for being detachably mounted to a DUT (12) using a fastening element or a plurality of fastening elements (using the inner unit 32 with springs for fastening the DUT 12) adapted for positive form-fit connection and/or for non-positive force-fit connection; - a second positioning and/or fixing connector or a plurality of second positioning and/or fixing connectors (122) mounted to said test arrangement (120); - the or each first positioning and/or fixing connector (30) being adapted to interact with a respective second positioning and/or fixing connector (122) to provide a positioning and/or fixing of a DUT (12), thereby effecting a positive form-fit interaction and/or a non-positive force-fit interaction; and further comprising - an elongated guiding element or a plurality of elongated guiding elements, in particular a guiding pin or a plurality of guiding pins (pins 124 in Fig. 2), said guiding element or elements being adapted for guiding the first positioning and/or fixing connector (30) into a fixing position with respect to the second positioning and/or fixing connector (122). As for claim 11, Yamada et al. discloses a measurement system for a device under test (DUT 12), according to claim 10, wherein the test arrangement (120) is arranged in an anechoic chamber (i.e., the test section 220 is positioned in the chamber, see the chamber in col. 5, lines 14-22), adapted to allow a removable introduction of a DUT (12). 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. Claims 12 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Yamada et al. (U. S. Patent 9,506,948). As for claim 12, Yamada et al. discloses a measurement system for a device under test (DUT 12), according to claim 10 as discussed above, wherein a proximity sensor/a test socket image capturing section (310) is provided, arranged in electrical or electronical connection with the electrical actuator (320) controllable via electrical or electronical control commands (from control section 340) and configured to actuate an electrically or electronically actuated fixing arrangement (120) or a plurality of electrically or electronically actuated fixing arrangements provided in said second positioning and/or fixing connector (or in said plurality of second positioning and/or fixing connectors (122). Yamada et al. does not specifically disclose wherein the proximity sensor provided is a touch sensitive sensor. It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Yamada et al. to replace the test socket image capturing section (310) with any conventional proximity/touch sensitive sensor, for the purpose of alternatively detecting and adjusting the position of the test socket 122 relative to the DUT by using any readily available proximity sensor/ touch sensitive sensor. As for claim 13, Yamada et al. discloses a data processing program product, adapted for operating a measurement system (see Figs. 1 and 2) for a device under test (DUT), said data processing program product comprising instructions which, when the program is executed by a data processing unit, cause the data processing unit to carry out the following program steps: - a first program step of reading first control data from a proximity sensor or from a plurality of proximity sensors (i.e., using the control section 340 to read data from the image capturing section 310); - a second program step of actuating an actuator or a plurality of actuators (320) using electrical or electronical control commands (from control section 340) to actuate an electrically or electronically actuated fixing arrangement (120; or 20) or a plurality of electrically or electronically actuated fixing arrangements into a fixing status (i.e., using the control section 340 to actuate the fixing arrangements 120 into a fixing status by adjusting the position of the DUT12; see col. 7, lines 18-38); - a third program step of initiating an electrical connection and/or a data connection from a second positioning and/or fixing connector and/or from a test arrangement to a first positioning and/or fixing connector and/or to a DUT via an electrical connector or via a plurality of electrical connectors (i.e., the step of initiating the electrical connection and data connection of the electrodes 126 of the test socket 122 and the electrodes 18 of the DUT 12; see col. 8, lines 11-15); - a fifth program step of starting a predefined test procedure for said DUT (see step S800 of executing the test on DUT in Fig. 7); - a seventh program step of actuating an actuator (actuator 320) or a plurality of actuators using electrical or electronical control commands (control section 340) to actuate an electrically or electronically actuated fixing arrangement or a plurality of electrically or electronically actuated fixing arrangements into a release status (i.e., the step of actuating the release status for discharging the device tray; see step S810). Still referring to claim 13, Yamada et al. does not explicitly disclose the steps of: indicating data representing the fixing/release status and/or data connection/release status to a user; and reading a second control data from a touch sensitive sensor; It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Yamada et al. to disclose indicating the fixing/release status and/or data connection/release status to a user and using any conventional touch sensitive sensor to provide the precise location of the DUT, for the purpose of alerting or informing the user in real time regarding the fixing/release status and or data connection/release status based on the position data read from a conventional touch sensitive sensor, and to timely detect and adjust the position of the DUT to ensure a smooth testing or discharging operations in Yamada. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to AMY HE whose telephone number is (571)272-2230. The examiner can normally be reached 9:00am--5:00pm. 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, Huy Phan can be reached at (571) 272-7924. 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. /AMY HE/ Primary Examiner, Art Unit 2858
Read full office action

Prosecution Timeline

Feb 02, 2024
Application Filed
Feb 05, 2026
Non-Final Rejection — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
81%
Grant Probability
85%
With Interview (+4.1%)
2y 10m
Median Time to Grant
Low
PTA Risk
Based on 523 resolved cases by this examiner. Grant probability derived from career allow rate.

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