Office Action Predictor
Last updated: April 15, 2026
Application No. 18/511,938

MEASUREMENT INSTRUMENT AND SYSTEM FOR ENHANCED CONSTELLATION DIAGRAMS AND METHOD THEREOF

Non-Final OA §103
Filed
Nov 16, 2023
Examiner
REGO, DOMINIC E
Art Unit
2648
Tech Center
2600 — Communications
Assignee
Rohde & Schwarz GMBH & CO. Kg
OA Round
1 (Non-Final)
87%
Grant Probability
Favorable
1-2
OA Rounds
2y 3m
To Grant
95%
With Interview

Examiner Intelligence

Grants 87% — above average
87%
Career Allow Rate
784 granted / 902 resolved
+24.9% vs TC avg
Moderate +8% lift
Without
With
+7.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
21 currently pending
Career history
923
Total Applications
across all art units

Statute-Specific Performance

§101
6.3%
-33.7% vs TC avg
§103
43.5%
+3.5% vs TC avg
§102
22.3%
-17.7% vs TC avg
§112
6.9%
-33.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 902 resolved cases

Office Action

§103
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. 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, 4-7, 9, 11, 12, 14-17, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Mohindra (US 2025/0067782) in view of Therrien (US Patent #10,756,829). Regarding claim 1 , Mohindra teaches a measurement instrument ( Paragraph [0001]….. Test instruments, such as oscilloscopes and vector network analyzers (VNAs), contribute random noise and distortions when measuring radio frequency (RF) signals output by a device under test (DUT), particularly during digitization of the RF signals) , the measurement instrument comprising: a t least a first and a second input paths, wherein each input path is configured to receive a corresponding measurement signal from a device under test ( See abstract; Paragraphs 0021-0023, especially paragraph [0021] teaches a method is provided for measuring MDEVM of a DUT . The method includes splitting an RF signal output by the DUT into a first RF signal and a second RF signal using a power splitter; acquiring and digitizing the first RF signal in a first channel and the second RF signal in a second channel without demodulating either of the first RF signal or the second RF signal, wherein the first and second channels are independent; performing time-alignment, phase alignment and complex equalization, of the first RF signal in the first channel and the second RF signal in the second channel in order to refer each of the first RF signal and the second RF signal to an ideal signal; measuring first MD error vectors of the equalized first RF signal in the first channel and second MD error vectors of the equalized second RF signal in the second channel using a digital signal processor (DSP) ) , wherein each measurement signal comprises a number of states ( See abstract; Paragraphs 0021-0023 ….number of states are inherent in this case) ; a calculation device connected to the at least first and second input paths, configured to calculate an error vector corresponding to each state of each measurement signal, and to produce an average error vector for each state based on the error vectors of each measurement signal corresponding to the same state ( See abstract; Paragraphs [0021-0023……. performing cross-correlation between the first and second MD error vectors across the first and second channels to provide cross-correlated MD error vectors of the RF signal output by the DUT ; averaging the cross-correlated MD error vectors over symbols and packets of the RF signal; and dividing the averaged cross-correlated MD error vectors by signal power of the ideal signal to obtain cross-correlated MDEVMs over a time period or bandwidth of a waveform of the RF signal. Performing the cross-correlation of the first and second MD error vectors and averaging of the cross-correlated MD error vectors suppress contribution of uncorrelated noise introduced by the first and second channels to the first and second MD error vectors, respectively) ; and a display device ( See Fig. 1, item 140 and Paragraph 0056….. Performing the cross-correlation of the first and second MD error vectors and the averaging of the cross-correlated MD error vectors suppress contribution of uncorrelated noise U introduced by the first and second channels to the first and second MD error vectors, respectively. The resulting output is an MD error vector of the RF signal that has suppressed cross-correlated noise, and a reduced noise floor from suppressed leakage noise. Signals from various aspects of the process, including the output of the cross-correlated MD error vector, may be displayed on display 140 ) , but does not specifically teach adapted to create a constellation diagram based on the produced average error vector for each state. However, in related art, Therrien teaches adapted to create a constellation diagram based on the produced average error vector for each state ( Claims 1 and 5; Col 9, line 45-Col 10 , line 2; Col 2, lines 4-25 ……. determining the error vector magnitude for the data may include performing operations comprising: (a) for a point on the constellation diagram that corresponds to a symbol, cross-correlating a first symbol error vector among the first symbol error vectors and a second error vector among the second symbol error vectors to produce a result; (b) adding a result of the cross-correlating to an aggregate; (c) repeating operations (a) and (b) for multiple bursts of the data thereby increasing the aggregate following each of the multiple bursts; (d) dividing the aggregate by a number of the multiple bursts to produce an average for the point on the constellation diagram; (e) determining a square root of the average to obtain a component error vector magnitude for the point on the constellation diagram; and (f) determining a root-mean-square of the component error vector magnitude and of other component error vector magnitudes for other points on the constellation diagram to obtain the error vector magnitude for the data ). Therefore, it would have been obvious to one of ordinary skill in the art, at the time the invention was made to use (pre-AIA) or before the effective filing date of the claimed invention (AIA) to use Therrien’s teaching about adapted to create a constellation diagram based on the produced average error vector for each state with Mohindra’s invention in order to reduce or to eliminate the uncorrelated noise component from the EVM result . Regarding claim 2 , the combination of Mohindra and Therrien teach all the claimed elements in claim 1. In addition, Mohindra teaches the measurement instrument of claim 1, wherein the measurement signals are radiofrequency signals ( See abstract; Paragraphs 0021-0023, especially paragraph [0021] teaches a method is provided for measuring MDEVM of a DUT . The method includes splitting an RF signal output by the DUT into a first RF signal and a second RF signal using a power splitter ) . Regarding claim 4 , the combination of Mohindra and Therrien teach all the claimed elements in claim 1. In addition, Mohindra teaches the measurement instrument of claim 1, wherein the received measurement signals correspond to the different channels generated by a radiofrequency splitter ( See abstract; Paragraphs 0021-0023, especially paragraph [0021] teaches a method is provided for measuring MDEVM of a DUT . The method includes splitting an RF signal output by the DUT into a first RF signal and a second RF signal using a power splitter; acquiring and digitizing the first RF signal in a first channel and the second RF signal in a second channel without demodulating either of the first RF signal or the second RF signal, wherein the first and second channels are independent ). Regarding claim 5 , the combination of Mohindra and Therrien teach all the claimed elements in claim 1. In addition, Mohindra teaches the measurement instrument of claim 1, wherein the measurement instrument is at least one of: - a wireless communication test device ( Paragraph 0001…… Test instruments, such as oscilloscopes and vector network analyzers (VNAs), contribute random noise and distortions when measuring radio frequency (RF) signals output by a device under test (DUT), particularly during digitization of the RF signals ) ;- a test and measurement device for broadcasting; - a signal analyzer; - a spectrum analyzer; - a mobile network testing device. Regarding claim 6 , the combination of Mohindra and Therrien teach all the claimed elements in claim 1. In addition, Mohindra teaches the measurement instrument of claim 1, wherein the calculation device is further configured to compute at least one of an error vector magnitude and a modulation error ratio based on the calculated error vectors ( See abstract; Paragraphs 0021-0023, especially paragraph [0021] teaches measuring first MD error vectors of the equalized first RF signal in the first channel and second MD error vectors of the equalized second RF signal in the second channel using a digital signal processor (DSP) ) . Regarding claim 7 , the combination of Mohindra and Therrien teach all the claimed elements in claim 1. In addition, Mohindra teaches the measurement instrument of claim 1, further comprising a number of analog to digital converters arranged at each input path, configured to convert a received analog measurement signal into a corresponding digital measurement signal (Paragraph 0034……. Referring again to FIG. 1 , the first and second RF signals output by the power splitter 105 are input to the first channel 110 and the second channel 120, respectively, which are substantially the same. The first channel 110 includes first power amplifier (PA) 112 for amplifying the first RF signal, first attenuator 114 for attenuating the first RF signal, and first analog to digital converter (ADC) 116 for digitizing the amplified and attenuated first RF signal to provide a digitized first RF signal x1(t). The second channel 120 includes second power amplifier 122 for amplifying the second RF signal, second attenuator 124 for attenuating the second RF signal, and second ADC 126 for digitizing the amplified and attenuated second RF signal to provide a digitized second RF signal x2(t)). Regarding claim 9 , the combination of Mohindra and Therrien teach all the claimed elements in claim 1. In addition, Mohindra teaches the measurement instrument of claim 1, wherein the average error vector corresponding to a state is a vector whose components are the arithmetic mean of the components of the error vectors corresponding to the state ( See abstract; Paragraphs 0021-0023, especially paragraph [0021] teaches …… measuring first MD error vectors of the equalized first RF signal in the first channel and second MD error vectors of the equalized second RF signal in the second channel using a digital signal processor (DSP) (arithmetic mean of the components of the error vectors) ; performing cross-correlation between the first and second MD error vectors across the first and second channels to provide cross-correlated MD error vectors of the RF signal output by the DUT; averaging the cross-correlated MD error vectors over symbols and packets of the RF signal; and dividing the averaged cross-correlated MD error vectors by signal power of the ideal signal to obtain cross-correlated MDEVMs over a time period or bandwidth of a waveform of the RF signal. Performing the cross-correlation of the first and second MD error vectors and averaging of the cross-correlated MD error vectors suppress contribution of uncorrelated noise introduced by the first and second channels to the first and second MD error vectors, respectively). Regarding claim 11 , the combination of Mohindra and Therrien teach all the claimed elements in claim 1. In addition, Mohindra teaches the measurement instrument of claim 1, wherein the display device is further configured to display the error vectors for each state of the measurement signals (Paragraph 0056…….. Signals from various aspects of the process, including the output of the cross-correlated MD error vector, may be displayed on display 140 ). Regarding claim 1 2 , the combination of Mohindra and Therrien teach all the claimed elements in claim 1. In addition, Therrien teaches the measurement instrument of claim 1, wherein the calculation device comprises a database unit, configured to store a two-dimensional reference point corresponding to each state ( Col 6, lines 25-54 …. . as shown in example constellation diagram 45 of FIG. 3 , points representing four-bit symbols are arranged on a two-dimensional graph representing the inphase (I) and quadrature (Q) complex plane ……Col 9, lines 15-34…… the first symbol error vector comprises a symbol error vector generated for the point based on a first burst of the data, and the second symbol error vector comprises a symbol error vector generated for the point based on the first burst of the data. The cross-correlation is for a point on a constellation diagram since the symbol error vectors are relative to that point. The result of the cross correlation is added (59) to an aggregate stored in computer memory. The aggregate represents the sum of cross correlation values for multiple data bursts representing the same symbol. For example, as part of process 50, the DUT may output, in series, multiple data bursts, each representing the same symbol or symbols. Each data burst may be processed according to operations 52 to 59 and the cross-correlation result therefor added to the aggregate stored in computer memory ) Regarding claim 1 4 , the combination of Mohindra and Therrien teach all the claimed elements in claim 1. In addition, Mohindra teaches the measurement instrument of claim 1, wherein the calculation device comprises a vector signal analyzer unit, connected to at least one of the input paths and configured to calculate the error vectors associated to the measurement signal received by the at least one input path (Paragraph [0001]….. Test instruments, such as oscilloscopes and vector network analyzers (VNAs), contribute random noise and distortions when measuring radio frequency (RF) signals output by a device under test (DUT), particularly during digitization of the RF signals…… Paragraphs 0025….. Referring to FIG. 1 , test system 100 may be an oscilloscope or a vector network analyzer (VNA), for example, having multiple channels, indicated by first channel 110 and second channel 120, for measuring radio frequency (RF) signals output by DUT 101). Regarding claim 1 5 , Mohindra teaches a method for creating a constellation diagram, the method comprising: providing a measurement instrument (Paragraph 0001…test instruments, such as oscilloscopes and vector network analyzers) with at least a first and a second input paths ( See abstract; Paragraphs 0021-0023, especially paragraph [0021] teaches a method is provided for measuring MDEVM of a DUT . The method includes splitting an RF signal output by the DUT into a first RF signal and a second RF signal ) , a calculation device connected to the at least first and second input paths ( See abstract; Paragraphs 0021-0023, especially paragraph [0021] teaches …. measuring first MD error vectors of the equalized first RF signal in the first channel and second MD error vectors of the equalized second RF signal in the second channel using a digital signal processor (DSP) (calculation device)) , and a display device ( Fig. 1, item 140 ); receiving at the at least first input path and second input path a corresponding measurement signal from a device under test ( See abstract; Paragraphs 0021-0023, especially paragraph [0021] teaches a method is provided for measuring MDEVM of a DUT . The method includes splitting an RF signal output by the DUT into a first RF signal and a second RF signal using a power splitter; acquiring and digitizing the first RF signal in a first channel and the second RF signal in a second channel without demodulating either of the first RF signal or the second RF signal, wherein the first and second channels are independent; performing time-alignment, phase alignment and complex equalization, of the first RF signal in the first channel and the second RF signal in the second channel in order to refer each of the first RF signal and the second RF signal to an ideal signal; measuring first MD error vectors of the equalized first RF signal in the first channel and second MD error vectors of the equalized second RF signal in the second channel using a digital signal processor (DSP) ) , wherein each measurement signal comprises a number of states ( See abstract; Paragraphs 0021-0023 ….number of states are inherent in this case) ; calculating an error vector corresponding to each state of each measurement signal; producing an average error vector for each state based on the error vectors of each measurement signal corresponding to the same state ( See abstract; Paragraphs [0021-0023……. performing cross-correlation between the first and second MD error vectors across the first and second channels to provide cross-correlated MD error vectors of the RF signal output by the DUT; averaging the cross-correlated MD error vectors over symbols and packets of the RF signal; and dividing the averaged cross-correlated MD error vectors by signal power of the ideal signal to obtain cross-correlated MDEVMs over a time period or bandwidth of a waveform of the RF signal. Performing the cross-correlation of the first and second MD error vectors and averaging of the cross-correlated MD error vectors suppress contribution of uncorrelated noise introduced by the first and second channels to the first and second MD error vectors, respectively) , but does not specifically teach creating a constellation diagram based on the produced average error vector for each state. However, in related art, Therrien teaches creating a constellation diagram based on the produced average error vector for each state ( Claims 1 and 5; Col 9, line 45-Col 10, line 2; Col 2, lines 4-25 ……. determining the error vector magnitude for the data may include performing operations comprising: (a) for a point on the constellation diagram that corresponds to a symbol, cross-correlating a first symbol error vector among the first symbol error vectors and a second error vector among the second symbol error vectors to produce a result; (b) adding a result of the cross-correlating to an aggregate; (c) repeating operations (a) and (b) for multiple bursts of the data thereby increasing the aggregate following each of the multiple bursts; (d) dividing the aggregate by a number of the multiple bursts to produce an average for the point on the constellation diagram; (e) determining a square root of the average to obtain a component error vector magnitude for the point on the constellation diagram; and (f) determining a root-mean-square of the component error vector magnitude and of other component error vector magnitudes for other points on the constellation diagram to obtain the error vector magnitude for the data ). Therefore, it would have been obvious to one of ordinary skill in the art, at the time the invention was made to use (pre-AIA) or before the effective filing date of the claimed invention (AIA) to use Therrien’s teaching about creating a constellation diagram based on the produced average error vector for each state with Mohindra’s invention in order to reduce or to eliminate the uncorrelated noise component from the EVM result. Regarding claim 1 6 , the combination of Mohindra and Therrien teach all the claimed elements in claim 1. In addition, Mohindra teaches the method of claim 15, further comprising: generating at least two channels by splitting a signal from a device under test by a radiofrequency splitter, wherein the first channel corresponds to the first measurement signal and the second channel corresponds to the second measurement signal ( See abstract; Paragraphs 0021-0023, especially paragraph [0021] teaches a method is provided for measuring MDEVM of a DUT . The method includes splitting an RF signal output by the DUT into a first RF signal and a second RF signal using a power splitter; acquiring and digitizing the first RF signal in a first channel and the second RF signal in a second channel without demodulating either of the first RF signal or the second RF signal, wherein the first and second channels are independent ; performing time-alignment, phase alignment and complex equalization, of the first RF signal in the first channel and the second RF signal in the second channel in order to refer each of the first RF signal and the second RF signal to an ideal signal; measuring first MD error vectors of the equalized first RF signal in the first channel and second MD error vectors of the equalized second RF signal in the second channel using a digital signal processor (DSP) ) . Regarding claim 1 7 , the combination of Mohindra and Therrien teach all the claimed elements in claim 1. In addition, Mohindra teaches the method of claim 15, further comprising: computing, based on the calculated error vectors (Claim 20; Paragraphs [0001, 0017 , and 0021] , at least one of an error vector magnitude and a modulation error ratio. Regarding claim 1 9 , Mohindra teaches a measurement system, the measurement system comprising: a radiofrequency splitter circuit, configured to generate at least two channels by splitting a signal from a device under test into at least a first split measurement signal and a second split measurement signal ( See abstract; Paragraphs 0021-0023, especially paragraph [0021] teaches a method is provided for measuring MDEVM of a DUT. The method includes splitting an RF signal output by the DUT into a first RF signal and a second RF signal using a power splitter; acquiring and digitizing the first RF signal in a first channel and the second RF signal in a second channel without demodulating either of the first RF signal or the second RF signal, wherein the first and second channels are independent) ; and a measurement instrument, the measurement instrument comprising: at least a first and a second input paths, wherein each input path is configured to receive a corresponding measurement signal from a device under test ( See abstract; Paragraphs 0021-0023, especially paragraph [0021] teaches a method is provided for measuring MDEVM of a DUT . The method includes splitting an RF signal output by the DUT into a first RF signal and a second RF signal using a power splitter; acquiring and digitizing the first RF signal in a first channel and the second RF signal in a second channel without demodulating either of the first RF signal or the second RF signal, wherein the first and second channels are independent; performing time-alignment, phase alignment and complex equalization, of the first RF signal in the first channel and the second RF signal in the second channel in order to refer each of the first RF signal and the second RF signal to an ideal signal; measuring first MD error vectors of the equalized first RF signal in the first channel and second MD error vectors of the equalized second RF signal in the second channel using a digital signal processor (DSP) ) , wherein each measurement signal comprises a number of states ( See abstract; Paragraphs 0021-0023 ….number of states are obvious in this case) ; a calculation device connected to the at least first and second input paths, configured to calculate an error vector corresponding to each state of each measurement signal, and to produce an average error vector for each state based on the error vectors of each measurement signal corresponding to the same state ( See abstract; Paragraphs [0021-0023……. performing cross-correlation between the first and second MD error vectors across the first and second channels to provide cross-correlated MD error vectors of the RF signal output by the DUT ; averaging the cross-correlated MD error vectors over symbols and packets of the RF signal; and dividing the averaged cross-correlated MD error vectors by signal power of the ideal signal to obtain cross-correlated MDEVMs over a time period or bandwidth of a waveform of the RF signal. Performing the cross-correlation of the first and second MD error vectors and averaging of the cross-correlated MD error vectors suppress contribution of uncorrelated noise introduced by the first and second channels to the first and second MD error vectors, respectively) ; and a display device ( Fig. 1, item 140 ), wherein the measurement instrument is configured to receive each of the channels generated by the radiofrequency splitter circuit at a corresponding input path (See abstract; Paragraphs 0021-0023, especially paragraph [0021] teaches a method is provided for measuring MDEVM of a DUT. The method includes splitting an RF signal output by the DUT into a first RF signal and a second RF signal using a power splitter; acquiring and digitizing the first RF signal in a first channel and the second RF signal in a second channel without demodulating either of the first RF signal or the second RF signal, wherein the first and second channels are independent ), but does not specifically teach adapted to create a constellation diagram based on the produced average error vector for each state. However, in related art, Therrien teaches create a constellation diagram based on the produced average error vector for each state ( Claims 1 and 5; Col 9, line 45-Col 10, line 2; Col 2, lines 4-25……. determining the error vector magnitude for the data may include performing operations comprising: (a) for a point on the constellation diagram that corresponds to a symbol, cross-correlating a first symbol error vector among the first symbol error vectors and a second error vector among the second symbol error vectors to produce a result; (b) adding a result of the cross-correlating to an aggregate; (c) repeating operations (a) and (b) for multiple bursts of the data thereby increasing the aggregate following each of the multiple bursts; (d) dividing the aggregate by a number of the multiple bursts to produce an average for the point on the constellation diagram; (e) determining a square root of the average to obtain a component error vector magnitude for the point on the constellation diagram; and (f) determining a root-mean-square of the component error vector magnitude and of other component error vector magnitudes for other points on the constellation diagram to obtain the error vector magnitude for the data). Therefore, it would have been obvious to one of ordinary skill in the art, at the time the invention was made to use (pre-AIA) or before the effective filing date of the claimed invention (AIA) to use Therrien’s teaching about create a constellation diagram based on the produced average error vector for each state with Mohindra’s invention in order to reduce or to eliminate the uncorrelated noise component from the EVM result . Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Mohindra (US 2025/0067782) in view of Therrien (US Patent #10,756,829) , and further McTigue et al. (US 2004/0140819). Regarding claim 3 , the Mohindra and Therrien fail to teach t he measurement instrument of claim 1, further comprising additional input paths, configured to receive each an additional measurement signal, wherein the calculation device is connected to these additional input paths. However, in related art, McTigue teaches the measurement instrument of claim 1, further comprising additional input paths, configured to receive each an additional measurement signal, wherein the calculation device is connected to these additional input paths ( Claims 1 and 23; Paragraph 0041, especially paragraph [0041] teaches t he method 500 includes receiving a first signal and a second signal from a device under test ……. Finally, in step 506, a third signal is provided to the measuring instrument . The third signal has a voltage value that is responsive to a difference between a value of a current of the first signal and a value of a current of the second signal ) . Therefore, it would have been obvious to one of ordinary skill in the art, at the time the invention was made to use (pre-AIA) or before the effective filing date of the claimed invention (AIA) to use McTigue’s teaching about additional input paths, configured to receive each an additional measurement signal, wherein the calculation device is connected to these additional input paths with Mohindra’s and Therrien’s invention in order to measure a DUT response signal from the DUT . Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Mohindra (US 2025/0067782) in view of Therrien (US Patent #10,756,829), and further Ramian et al. (US 20 25/0093450 ). Regarding claim 9 , the Mohindra and Therrien fail to teach the measurement instrument of claim 1, wherein the error vector corresponding to a state is calculated based on the difference between the state of the received measurement signal and a predetermined reference signal for the state. However, in related art, Ramian teaches the measurement instrument of claim 1, wherein the error vector corresponding to a state is calculated based on the difference between the state of the received measurement signal and a predetermined reference signal for the state (Paragraph 0066). Therefore, it would have been obvious to one of ordinary skill in the art, at the time the invention was made to use (pre-AIA) or before the effective filing date of the claimed invention (AIA) to use Ramian ’s teaching about wherein the error vector corresponding to a state is calculated based on the difference between the state of the received measurement signal and a predetermined reference signal for the state with Mohindra’s and Therrien’s invention in order to determine error vectors based on the synchronized measurement signal and reference signal (See Ramian, See abstract) . Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Mohindra (US 2025/0067782) in view of Therrien (US Patent #10,756,829), and further Polehn (US 20 17/0155476 ). Regarding claim 13 , the combination of Mohindra and Therrien fail to teach t he measurement instrument of claim 1, wherein the display device is configured to create the constellation diagram by placing the produced average error vector for each state on a two-dimensional plot, and wherein the origin of the produced average error vector for each state is the reference point corresponding to each state. However, in related art, Polehn teaches the measurement instrument of claim 1, wherein the display device is configured to create the constellation diagram ( See Fig. 4C ) by placing the produced average error vector for each state on a two-dimensional plot ( See Fig. 4C, two-dimensional plot ) , and wherein the origin of the produced average error vector for each state is the reference point ( reference constellation point ) corresponding to each state ( See Abstract ; Paragraph [0060]; Claims 1, 4, 9, 12, 16, and 18, especially claim 1 teaches …. generating, by the device, corrective constellation data based on the error vector magnitude data, the first channel information, and the second channel information, wherein the corrective constellation data includes at least one reference constellation point that is repositioned on a constellation plane relative to at least one corresponding reference constellation point of the default constellation data ) . Therefore, it would have been obvious to one of ordinary skill in the art, at the time the invention was made to use (pre-AIA) or before the effective filing date of the claimed invention (AIA) to use Polehn ’s teaching about wherein the display device is configured to create the constellation diagram by placing the produced average error vector for each state on a two-dimensional plot, and wherein the origin of the produced average error vector for each state is the reference point corresponding to each state with Mohindra’s and Therrien’s invention in order to determines optimal parameters to minimize a modulation error and demodulates all symbol data to determine reference data for the all symbol data, and a modulation-precision calculation component which calculates modulation-precision data and modulation-error data for each symbol. Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Mohindra (US 2025/0067782) in view of Therrien (US Patent #10,756,829), and further Kobayashi (US 2023/0109932). Regarding claim 20 , the combination of Mohindra and Therrien fail to teach the measurement system of claim 19, wherein the radiofrequency splitter circuit comprises a number of connected two-way splitters. However, in related art, Kobayashi teaches the measurement system of claim 19, wherein the radiofrequency splitter circuit comprises a number of connected two-way splitters (Paragraph 0034). Therefore, it would have been obvious to one of ordinary skill in the art, at the time the invention was made to use (pre-AIA) or before the effective filing date of the claimed invention (AIA) to use Kobayashi ’s teaching about wherein the radiofrequency splitter circuit comprises a number of connected two-way splitters with Mohindra’s and Therrien’s invention in order to split input signals into two parts. Allowable Subject Matter Claim s 10 and 18 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Regarding claim 10 , the prior art of record fails to teach the measurement instrument of claim 1, wherein the average error vector corresponding to one state is the shortest vector of a group of vectors comprising the error vectors of each measurement signal for the one state and a vector whose components are the arithmetic mean of the components of the error vectors of each measurement signal for the one state. Regarding claim 1 8 , the prior art of record fails to teach the method of claim 15, wherein producing an average error vector comprises: selecting the shortest vector of a group of vectors comprising the error vectors of each measurement signal for the one state and a vector whose components are the arithmetic mean of the components of the error vectors of each measurement signal for the one state. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kobayashi (US 2026/0039253), Orozeo et al. (US Patent #12,537,609), Zhai et al. (US Patent #12,345,761), Kuhn et al. (US 2025/0138072), Ramian et al. (US 2024/0319248), Orozeo et al. (US 2024/0235699), Wendler et al. (US 2024/0019470), Peschke (US Patent #11,852,658), Cao et al. (US Patent #11,817,913), Cao et al. (US Patent # 11,742,970), Wen et al. (US 2023/0258703), Mori et al. (US 2022/0400449), Chaudhary (US 2022/0065972), Germer et al. (US 2022/0045699), Chen (US 2021/0405863), Biris et al. (US 2021/0351714), Mackenzie et al. (US 2021/0273747), Swaim et al. (US 2021/0063440), Kobayashi et al. (US 2020/0212849), Noujeim (US Patent #10,469,296), Gines et al. (US Patent #10,200,085), Yoshioka et al. (US 2018/0262322), Gines et al. (US Patent #10,033,554), Stein et al. (US 2018/0080965), Johnson et al. (US 2016/0139178), Lin (US 2016/0072470), Ahmed et al. (US 2015/0304075), Rada et al. (US 20150160264), McTigue et al. (US 2015/0002136), Carisson et al. (US 2013/0303098), Ceperic et al. (US 2013/0191104), Aoki (US 2011/0141934), Rae et al. (US 2008/0012851), Heaton et al. (US 2005/0186914), Lindoff (US 2003/0012289), and Oldfield (US Patent #5,831,440). Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT DOMINIC E REGO whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-8132 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT Monday-Friday, 8:00am-4:30pm . 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, FILLIN "SPE Name?" \* MERGEFORMAT Wesley Kim can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT 571-272-7867 . 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. /DOMINIC E REGO/ Primary Examiner, Art Unit 2648 Tel 571-272-8132
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Prosecution Timeline

Nov 16, 2023
Application Filed
Feb 05, 2026
Non-Final Rejection — §103
Mar 25, 2026
Response Filed

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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
87%
Grant Probability
95%
With Interview (+7.9%)
2y 3m
Median Time to Grant
Low
PTA Risk
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