Prosecution Insights
Last updated: April 18, 2026
Application No. 18/442,741

FIRST AND SECOND MEASUREMENT DEVICE FOR TESTING A DEVICE UNDER TEST, AND A SET OF MEASUREMENT DEVICES

Non-Final OA §103§112
Filed
Feb 15, 2024
Examiner
ZAKARIA, AKM
Art Unit
2858
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Rohde & Schwarz GmbH & Co. Kg
OA Round
3 (Non-Final)
82%
Grant Probability
Favorable
3-4
OA Rounds
2y 7m
To Grant
98%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allow Rate
653 granted / 794 resolved
+14.2% vs TC avg
Strong +16% interview lift
Without
With
+16.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
47 currently pending
Career history
841
Total Applications
across all art units

Statute-Specific Performance

§101
3.3%
-36.7% vs TC avg
§103
52.7%
+12.7% vs TC avg
§102
21.2%
-18.8% vs TC avg
§112
19.9%
-20.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 794 resolved cases

Office Action

§103 §112
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 . Response to Amendments Entry of Amendments Claim(s) 1, 10, 12, 16, 19 and 20 have been amended. Objections to the Claims Amendments made to claim(s) 19 have overcome the previous objections. Claim(s) 19 are no longer objected. Rejections under 35 USC 112 Previous 112 rejections for Claim(s) 10, 12 and 19 are now withdrawn as amendments made to claim(s) have overcome the previous 112 rejections. However, 112 rejection(s) for Claims 1, 16 and 20 remain unresponsive and pending. Rejections under 35 USC 102 and 103 Applicant’s amendments filed 10/31/2025 with respect to Claim(s) 1-20 have been fully considered but they are not persuasive. As to applicant(s) argument of [1] “For the claimed feature of “wherein the central processing unit is further configured to output the user input via the external control interface to control a thereto connected device,” … Hojabri provides no teaching that the connected device(s) may be controlled via the external control interface. More importantly, the computer 170 and the assumed external devices 112/116 of Hojabri are not interlinked”, the Examiner respectfully disagrees. claimed limitation “configured to” or “connectable to” do something has to be interpreted as meaning an apparatus set up to do something and not necessarily being an apparatus which actually does something. Therefore, a claim which has to be considered as being "configured to" carry out function steps, is not actually carrying out those function steps, rather usable for the function. Hojabri teaches in fig. 1 computer (170) has the capability to communicate data/instructions and control a connected device (112,114,118,116) through external control interface (100) (see para. 27 - communication link tester 100 may have an ability to send output, such as output data or data received from the DUT 110 to a cloud output 116. Additionally, the communication link tester 100 may be coupled to and receive data and/or instructions from a cloud input 118 … cloud output 116 and cloud input 118 may be used to support coordinated and aggregated testing, measurement, and analysis across multiple distributed link testers 100; para. 26 - computer 170 may control the operation of the communication link tester 100, or may operate in conjunction with the link user interface 140 to control the functions of the tester 100). Therefore, examiner believes Hojabri alone or in combination with others meets the current limitations for Claim(s) 1-20. For further details see the rejections/objections for Claim(s) 1-20 herein. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claim(s) 1-11, 16, 18 and 20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention. The rationale for this finding is explained below: Regarding claim(s) 1 and 16, claim 1 recites a phrase "at least one measurement port configured to output and/or receive a radio frequency, RF, signal to and/or from the DUT" and claim 16 recites a phrase “at least one first external RF port configured to receive and/or output a RF signal” which render the claim(s) indefinite because it is unclear if a bidirectional or unidirectional type port structure is being claimed by “and/or”. For examination purpose, Examiner assumes the relationship is limited by “or”. See MPEP § 2173.05(d). Regarding claim 20, a limitation "second measurement device comprises … a first external control interface being configured to be connected to the external control interface of a first measurement device; and wherein the external control interface of the first measurement device is connected to the first external control interface of the second measurement device" renders the claim(s) indefinite because same structural cooperative relationship is being claimed as both “configured to be connected” and “is connected” raising doubt as to the scope of the limitation. See MPEP § 2173.05(d). Regarding claim 20, limitation(s) "an user input unit for obtaining an user input … configured to receive a user input from the user input unit" renders the claim(s) indefinite because it seems same cooperative step is being repeatedly claimed as “obtaining an user input” and “configured to receive a user input”. See MPEP § 2173.05(d). Dependent Claim(s) 2-11 and 18 not specifically addressed share the same 112(b) rejection as the rejected base Claim(s). Appropriate correction is required. Claim Rejections - 35 USC § 103 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 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 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 of this title, 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) 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Hojabri et al. (US 20210270893; hereinafter Hojabri) in view of Anderson et al. (US 20240259114). Regarding claim 1, Hojabri teaches in figure(s) 1-5 a first measurement device for testing a device under test, DUT, by measuring at least one signal of the DUT, the first measurement device comprising: at least one measurement port (110 to 130/120 port from 160/150 port; fig. 1) configured to output and/or receive a radio frequency, RF, signal (para. 38 - communication link tester 100 to perform spectral tests and analysis of RF signals) to and/or from the DUT (110); a measurement unit (link tester 120,140/100) connected to the at least one measurement port and being configured to measure the RF signal output and/or received at the at least one measurement port; a display unit (para. 25 - user interface 140 to include display); an user input unit (para. 25 - Graphical User Interface (GUI) 140) for obtaining an user input; an external control interface (interface of 100 to 170 or thru 140); a central processing unit (170) being connected to the measurement unit, the display unit, the user input unit and the external control interface, whereas the central processing unit is configured: to receive an obtained user input from the user input unit (140); to receive the measured signal of the measurement unit (120,140/100); and to output a display signal to the display unit (140) for displaying the received measured signal; wherein the central processing unit is further configured to output the user input via the external control interface to control a thereto connected device (116/118; para. 27 - communication link tester 100 may have an ability to send output, such as output data or data received from the DUT 110 to a cloud output 116. Additionally, the communication link tester 100 may be coupled to and receive data and/or instructions from a cloud input 118 … cloud output 116 and cloud input 118 may be used to support coordinated and aggregated testing, measurement, and analysis across multiple distributed link testers 100; para. 26 - computer 170 may control the operation of the communication link tester 100, or may operate in conjunction with the link user interface 140 to control the functions of the tester 100), Hojabri does not teach explicitly wherein a second measurement device is connectable to the first measurement device via the external control interface for receiving the user input. However, Anderson teaches in figure(s) 1-6 wherein a second measurement device (120; fig. 1) is connectable to the first measurement device (110) via the external control interface (110 to 150 interface) for receiving the user input (@119, 630; figs. 1,6; para. 85 - display 630 may also provide a graphical user interface (GUI) for displaying and receiving information to and from the user). 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 teachings of Hojabri by having wherein a second measurement device is connectable to the first measurement device via the external control interface for receiving the user input as taught by Anderson in order to provide use of known technique to improve similar devices (methods, or products) in the same way as evidenced by "synchronize first and second VNAs for testing a DUT over a long distance. The method includes receiving at the second VNA an RF signal from the first VNA" (abstract). Regarding claim 2, Hojabri teaches in figure(s) 1-5 the first measurement device according to claim 1, the first measurement device being a vector network analyzer, a spectrum analyzer, or a signal analyzer, or an oscilloscope (para. 3 - performing precision or high-frequency signal analysis on communication links or devices typically include a Bit Error Rate Tester (BERT), an Arbitrary Waveform Generator (AWG), potentially a Programmable Pattern Generator (PPG), an Oscilloscope, a computer to integrate the functionality of the devices). Regarding claim 3, Hojabri teaches in figure(s) 1-5 the first measurement device according to claim 1 the central processing unit of the first measurement device being configured to control the measurement unit (para. 26 - computer 170 may control the operation of the communication link tester 100, or may operate in conjunction with the link user interface 140 to control the functions of the tester 100), and in particular to adjust the measurement unit based on the obtained user input. Regarding claim 4, Hojabri teaches in figure(s) 1-5 the first measurement device according to claim 1 the measurement unit comprising measurement elements, that comprise at least one of a mixer and an analog digital converter, ADC (ADC 122; fig. 1). Regarding claim 5, Hojabri teaches in figure(s) 1-5 the first measurement device according to claim 1 the first measurement device comprising a local oscillator, LO, for providing a reference signal and at least one external LO port, that is connected to the LO, for outputting the reference signal to the second measurement device, wherein in particularly the LO being also connected to the measurement unit, and further in particular to a mixer of the measurement unit providing the reference signal thereto (para. 38 - DDC 310 can accept real input data from a single ADC or complex in-phase/quadrature (I/Q) data from two ADCs if an RF local oscillator (LO), mixer, and filter stages are used for analog down-conversion in the input signal conditioner 130 and then the resulting intermediate frequency (IF) I and Q waveform components are sampled with separate ADCs.). Regarding claim 6, Hojabri teaches in figure(s) 1-5 the first measurement device according to claim 1, the first measurement device comprising at least one external RF port (@182 to 170) configured to output and/or receive a RF signal to and/or from the second measurement device (220; fig. 2), wherein the measurement unit is connected to the at least one external RF port and is further configured to measure the RF signal output and/or received at the at least one external RF port (para. 27 - cloud output 116 and cloud input 118 may be used to support coordinated and aggregated testing, measurement, and analysis across multiple distributed link testers 100 that may be separated from one another by a large distance). Regarding claim 7, Hojabri teaches in figure(s) 1-5 the first measurement device according to claim 1 the central processing unit being configured to receive the measured RF signal from the measurement unit, and is further configured to send the RF signal to the display unit for displaying (para. 45 - ye diagram output itself may be displayed on the user interface 140 or in an attached computer 170). Regarding claim 8, Hojabri teaches in figure(s) 1-5 the first measurement device according to claim 1 the measurement unit being configured to down-convert and digitize the RF signal received via the at least one external RF port, and send the digitized RF signal to the central processing unit (para. 40 - output from the DDC 310 and decimator 312 may be sent to a live stream data output 316 … so that a user can have direct streaming access to the down-converted or decimated data). Regarding claim 9, Hojabri teaches in figure(s) 1-5 the first measurement device according to claim 1 the central processing unit being configured to apply measurement functions to the digitized RF signal, wherein the respective measurement function is selected based on the user input received from the user input unit (para. 25 - GUI may be used by the operator to control the function of the communication link tester 100, such as selecting particular tests to run, modifying parameters, setting trigger conditions, selecting which input and outputs to use). Regarding claim 10, Hojabri teaches in figure(s) 1-5 the first measurement device according to claim 1, the external control interface further being configured for receiving a digitized external data signal from the second measurement device, whereas the digitized external data signal comprises a digitized RF signal, and/or the first measurement device comprising an external data interface for receiving a digitized external data signal (@306; fig. 3), whereas the digitized external data signal comprises a digitized RF signal, wherein the central processing unit (170,370) is connected to the external data interface, and wherein the second measurement device (220) is further connectable to the first measurement device (210) via the external data interface (@221) for transmitting the digitized external data signal; wherein the central processing unit is further configured to receive the digitized external data signal from the second measurement device via at least one of the external control interface (interface of 100 to 170 or thru 140) and the external data interface (@211,221). Regarding claim 11, Hojabri teaches in figure(s) 1-5 the first measurement device according to claim 10, the central processing unit being configured to send the digitized RF signal to the display unit for displaying (para. 38 - a Digital Down Converter (DDC) 310. Including a DDC 310 in the receiver 300 allows the user of the communication link tester 100 to perform spectral tests and analysis of RF signal; para. 40 - a user can have direct streaming access to the down-converted or decimated data). Regarding claim 12, Hojabri teaches in figure(s) 1-5 a second measurement device for testing a device under test, DUT, by measuring at least one signal of the DUT, the second measurement device comprising: at least one measurement port (110 to 130/120 port from 160/150 port; fig. 1) configured to output and/or receive a radio frequency, RF, signal (para. 38 - communication link tester 100 to perform spectral tests and analysis of RF signals) to and/or from the DUT (110); a measurement unit (link tester 120,140/100) connected to the at least one measurement port and being configured to measure the RF signal output and/or received at the at least one measurement port; a central processing unit (170) being configured to control the measurement unit; a first external control interface (211/221/140; fig. 2); the central processing unit being configured to receive a user input (@user interface 140,170) from the first external control interface and to control the measurement unit based on the received user input. Hojabri does not teach explicitly a first external control interface being configured to be connected to an external control interface of a first measurement device. However, Anderson teaches in figure(s) 1-6 a first external control interface (120 to 150 interface; fig. 1) being configured to be connected to an external control interface (110 to 150 interface) of a first measurement device (110). 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 teachings of Hojabri by having a first external control interface being configured to be connected to an external control interface of a first measurement device as taught by Anderson in order to provide use of known technique to improve similar devices (methods, or products) in the same way as evidenced by "synchronize first and second VNAs for testing a DUT over a long distance. The method includes receiving at the second VNA an RF signal from the first VNA" (abstract). Regarding claim 13, Hojabri teaches in figure(s) 1-5 the second measurement device according to claim 12, the second measurement device being a vector network analyzer, a spectrum analyzer (para. 38 - perform spectral tests and analysis of RF signals), a signal analyzer or an oscilloscope. Regarding claim 14, Hojabri teaches in figure(s) 1-5 the second measurement device according to claim 12, the central processing unit of the second measurement device being configured to adjust the measurement unit based on the received user input (para. 26 - computer 170 may control the operation of the communication link tester 100, or may operate in conjunction with the link user interface 140 to control the functions of the tester 100). Regarding claim 15, Hojabri teaches in figure(s) 1-5 the second measurement device according to claim 12, the second measurement device comprising at least one first external local oscillator, LO, port for receiving a reference signal from an external LO port of the first measurement device (para. 38 - DDC 310 can accept real input data from a single ADC or complex in-phase/quadrature (I/Q) data from two ADCs if an RF local oscillator (LO), mixer, and filter stages are used for analog down-conversion in the input signal conditioner 130 and then the resulting intermediate frequency (IF) I and Q waveform components are sampled with separate ADCs). Regarding claim 16, Hojabri teaches in figure(s) 1-5 the second measurement device according to claim 12, the second measurement device comprising at least one first external RF port (@182 to 170) configured to receive and/or output a RF signal from or to the first measurement device (210; fig. 2), wherein the measurement unit is connected to the at least one external RF port and is further configured to measure the RF signal output and/or received at the at least one external RF port (para. 27 - cloud output 116 and cloud input 118 may be used to support coordinated and aggregated testing, measurement, and analysis across multiple distributed link testers 100 that may be separated from one another by a large distance). Regarding claim 17, Hojabri teaches in figure(s) 1-5 the second measurement device according to claim 12, the measurement unit being configured to down-convert and digitize the RF signal received via the at least one measurement port (para. 40 - output from the DDC 310 and decimator 312 may be sent to a live stream data output 316 … so that a user can have direct streaming access to the down-converted or decimated data). Regarding claim 18, Hojabri teaches in figure(s) 1-5 the second measurement device according to claim 16, the central processing unit being configured to output: a) the RF signal received via the at least one measurement port via the at least one first external RF port to the first measurement device; and/or b) the digitized RF signal via the first external control interface or via a first external data interface of the second measurement device to the first measurement device (para. 82 - many receivers 120 and many transmitters 150 may be coupled to one another through a number of high-speed parallel busses 182 or the other communication means. This coupling may occur across multiple physical components). Regarding claim 19, Hojabri teaches in figure(s) 1-5 the second measurement device according to claim 12, the second measurement device comprises a second external control interface configured for daisy-chaining the first external control interface with the second external control interface, wherein a third measurement device is connectable to the second external control interface (para. 80 - many receivers 120 and many transmitters 150 may be coupled to one another through … a serial bus, an optical connection, a wireless connection, or any other type of communication path); and wherein the second measurement device optionally comprises at least one of: a second external data interface configured for daisy-chaining the first external data interface with the second external data interface, wherein a third measurement device is connectable to the second external data interface; a second LO port configured for daisy-chaining the first LO port to the second LO port, wherein a third measurement device is connectable the second LO port; and a second external RF port configured for daisy-chaining the first external RF port to the second external RF port, wherein a third measurement device is connectable the second external RF port. Regarding claim 20, Hojabri teaches in figure(s) 1-5 a set of measurement devices comprising a first measurement device and a second measurement device, wherein the first measurement device (210/200; figs. 1-2) comprises: at least one measurement port (110 to 130/120 port from 160/150 port; fig. 1) configured to output and/or receive a radio frequency, RF, signal (para. 38 - communication link tester 100 to perform spectral tests and analysis of RF signals) to and/or from the DUT (110); a measurement unit (link tester 120,140/100) connected to the at least one measurement port and being configured to measure the RF signal output and/or received at the at least one measurement port; a display unit (para. 25 - user interface 140 to include display); an user input unit (para. 25 - Graphical User Interface (GUI) 140) for obtaining an user input; an external control interface (interface of 100 to 170 or thru 140); a central processing unit (170) being connected to the measurement unit, the display unit, the user input unit and the external control interface, whereas the central processing unit is configured: to receive an obtained user input from the user input unit; to receive the measured signal of the measurement unit; and to output a display signal to the display unit for displaying the received measured signal; wherein the second measurement device (210/200; figs. 1-2) comprises: at least one measurement port (110 to 130/120 port from 160/150 port; fig. 1) configured to output and/or receive a radio frequency, RF, signal to and/or from the DUT (110); a measurement unit (link tester 120,140/100) connected to the at least one measurement port and being configured to measure the RF signal output and/or received at the at least one measurement port; a central processing unit (170) being configured to control the measurement unit; a first external control interface (211/221/140; fig. 2) being configured to be connected to the external control interface of a first measurement device (210); and wherein the external control interface of the first measurement device is connected to the first external control interface (211/221/140) of the second measurement device (220); and Hojabri does not teach explicitly wherein the central processing unit of the first measurement device is configured to receive a user input from the user input unit and to forward the user input to the central processing unit of the second measurement device. However, Anderson teaches in figure(s) 1-6 wherein the central processing unit (119; fig. 1 ) of the first measurement device (110 ) is configured to receive a user input from the user input unit (@119, 630; figs. 1,6; para. 85 - display 630 may also provide a graphical user interface (GUI) for displaying and receiving information to and from the user) and to forward the user input to the central processing unit (130) of the second measurement device (120). 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 teachings of Hojabri by having wherein the central processing unit of the first measurement device is configured to receive a user input from the user input unit and to forward the user input to the central processing unit of the second measurement device as taught by Anderson in order to provide use of known technique to improve similar devices (methods, or products) in the same way as evidenced by "synchronize first and second VNAs for testing a DUT over a long distance. The method includes receiving at the second VNA an RF signal from the first VNA" (abstract). Conclusion 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. 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 AKM ZAKARIA whose telephone number is (571)270-0664. The examiner can normally be reached on 8-5 PM (PST). If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JUDY NGUYEN can be reached on 571-272-2258. 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. /AKM ZAKARIA/ Primary Examiner, Art Unit 2858
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Prosecution Timeline

Feb 15, 2024
Application Filed
Sep 24, 2025
Non-Final Rejection — §103, §112
Oct 31, 2025
Response Filed
Nov 28, 2025
Final Rejection — §103, §112
Jan 28, 2026
Response after Non-Final Action
Mar 02, 2026
Request for Continued Examination
Mar 10, 2026
Response after Non-Final Action
Apr 10, 2026
Non-Final Rejection — §103, §112 (current)

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2y 7m
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