-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 Amendment
The amendment filed on 2026-02-02 has been entered. Claim(s) 1-21 remain pending in this application. Claim(s) 1, 12-14, have been amended. No Claim(s) have been canceled or newly added.
Claims 1, and 12-14 were amended to overcome the 35 USC 112 rejections. These amendments are acceptable and all 35 USC 112 rejections are withdrawn.
Claim 13 was amended to overcome the objection made in the previous office action. The amendment is acceptable and the objection is withdrawn.
Response to Arguments
Applicant's arguments filed 2026-02-02 have been fully considered but they are not persuasive.
Applicant argues, that neither Eldridge or Vettori alone or in combination teach a third lower guide plate, and the third lower guide plate has the plurality of lower guide plate holes.
The examiner respectfully disagrees, Eldridge does teach a third lower guide plate, refer to the annotated Figure 5 of Eldridge and the 35 USC 103 rejection below.
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 (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 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 1, 4-5, 11, 13 and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Eldridge et al. (US-20190064220-A1) in view of Vettori et al.(US-20190361051-A1).
Regarding Claim 1, Eldridge teaches an upper guide plate set including at least a first upper guide plate (Fig 5: metal plate, 504), wherein the first upper guide plate has a plurality of upper guide plate holes (Can be seen in Figure 5, where the probes go through the guide plates);
a lower guide plate set arranged parallel to the upper guide plate set and including a first lower guide plate (Fig 5: guide plate, 106) and a second lower guide plate (Refer to Annotated Fig 5 of Eldridge), wherein each of the first lower guide plate and the second lower guide plate has a plurality of lower guide plate holes (Can be seen in Figure 5, where the probes go through the guide plates);
a first probe set including a plurality of first probes (Refer to Annotated Fig 5 of Eldridge), wherein each of the plurality of first probes has a first contact end and a second contact end (Refer to Annotated Fig 5 of Eldridge), the first contact ends correspondingly pass through the plurality of upper guide plate holes (Can be seen in Figure 5), and the second contact ends correspondingly pass through the plurality of lower guide plate holes (Can be seen in Figure 5);
a second probe set including a plurality of second probes (Refer to Annotated Fig 5 of Eldridge), wherein each of the plurality of second probes has a third contact end and a fourth contact end (Refer to Annotated Fig 5 of Eldridge, these are analogous to the first and second contact ends of the 1st probes), the third contact ends correspondingly pass through the plurality of upper guide plate holes (Can be seen in Figure 5), and the fourth contact ends correspondingly pass through the plurality of lower guide plate holes (Can be seen in Figure 5);
a third lower guide plate, and the third lower guide plate has the plurality of lower guide plate holes (Refer to annotated Figure 5 of Eldridge, Additionally Para [0021] teaches that guide plate, 106, which is a lower guide plate, may include two or more vertically separated guide plates, which would therefore teach at least three lower guide plates);
wherein both of the plurality of first probes and the plurality of second probes correspondingly pass through the first upper guide plate (Can be seen in Figure 5), and both of the plurality of first probes and the plurality of second probes correspondingly pass through at least one of the first lower guide plate and the second lower guide plate (Can be seen in Figure 5);
wherein a position of the second lower guide plate configures lengths of the second contact ends projecting from the lower guide plate set (Refer to annotated Figure 5 of Eldridge);
wherein the first contact ends and the third contact ends are coplanar (Refer to annotated Figure 5 of Eldridge),
Eldridge does not teach wherein a length of each of the plurality of second probes is greater than a length of each of the plurality of first probes; and the second contact ends and the fourth contact ends are not coplanar. However, Vettori teaches a length of each of the plurality of second probes is greater than a length of each of the plurality of first probes (Fig 8 shows a plurality of first, 22, and second probes, 22bis, that are differing lengths); and the second contact ends and the fourth contact ends are not coplanar (Can be seen in Fig 8). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the probes for Eldridge to be the differing lengths of Vettori. A motivation for this modification is a longer probe may allow for a different signal applied to each set of probes as the electrical characteristics may be altered depending on probe length.
Regarding Claim 4, Eldridge further teaches wherein the upper guide plate set further includes a second upper guide plate (Fig 5: guide plate, 108), the second upper guide plate is arranged parallel to the first upper guide plate (Can be seen in Figure 5), and the second upper guide plate has the plurality of upper guide plate holes corresponding to the plurality of upper guide plate holes of the first upper guide plate (Can be seen in Fig 5).
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Annotated Figure 5 of Eldridge
Regarding Claim 5, Eldridge further teaches wherein the first upper guide plate further has a first section and a second section that are separated from each other (Unlabeled, but can be seen in Fig 5);
wherein the first probe set passes through the first section, and the second probe set passes through the second section (Refer to annotated Fig 5 of Eldridge, it can be seen the 1st and 2nd probes pass through different sections of the upper guide plate).
Regarding Claim 11, Eldridge further teaches wherein the first probe set and the second probe set each are vertical probes (Can be seen in Fig 5).
Regarding Claim 13, the combination of Eldridge in view of Vettori, as presented with respect to claim 1, teaches a third probe set including a plurality of third probes (Refer to annotated Fig 5 of Eldridge);
wherein each of the plurality of third probes has a fifth contact end and a sixth contact end (Refer to annotated Fig 5 of Eldridge, these are analogous to the first and second contact ends of the 1st probes); wherein the lower guide plate set includes a fourth lower guide plate, and the fourth lower guide plate has the plurality of lower guide plate holes (Refer to annotated Fig 5 of Eldridge);
wherein the fifth contact ends correspondingly pass through the plurality of upper guide plate holes (Eldridge - Can be seen in Fig 5), the sixth contact ends correspondingly pass through the plurality of lower guide plate holes (Eldridge - Can be seen in Fig 5),
wherein a position of the fourth lower guide plate determines lengths of the sixth contact ends projecting from the lower guide plate set (Eldridge - Can be seen in Annotated Figure 5 Eldridge, the contact ends project out of the fourth lower guide plate);
wherein the first contact ends, the third contact ends, and the fifth contact ends are coplanar (Eldridge - Can be seen in Fig 5).
The combination of Eldridge in view of Vettori does not explicitly teach a length of each of the plurality of third probes is greater than the length of each of the plurality of second probes, and the second contact ends, the fourth contact ends, and the sixth contact ends are not coplanar. However, Vettori does teach probes of differing lengths and multiple contact ends that are not coplanar. Therefore, having a third set of probes with a differing length and contact ends not coplanar would be a duplication of parts. It has been held that the duplication of parts has no patentable significance unless a new and unexpected result is produced, In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to duplicate the parts of the probes of the combination such that additional probes of a different length are added. A motivation for this modification is a longer probe may allow for a different signal applied to each set of probes as the electrical characteristics may be altered depending on probe length.
Regarding Claim 18, Eldridge further teaches wherein each of the first probe set and the second set does not pass through the fourth lower guide plate (Can be seen in Annotated Fig 5 of Eldridge).
Regarding Claim 19, Eldridge further teaches wherein a length of the fourth lower guide plate is less than the length of the first lower guide plate (Refer to annotated Figure 5 of Eldridge).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Eldridge in view of Vettori and in further view of Perego et al. (US-20180052190-A1).
Regarding Claim 12, The combination of Eldridge in view of Vettori does not teach wherein the second contact ends and the fourth contact ends have different thicknesses. However, Perego teaches wherein the second contact ends and the fourth contact ends have different thicknesses (Fig 4A shows a probe, 21', with a different thickness in tips than the probe, 21). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the probe of the combination to have different size tips. A motivation for this modification could be that the test equipment or DUT requires a certain contact size for certain signal types so various tip sizes could be needed.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Eldridge in view of Vettori and in further view of Ahn et al. (US-20210102975-A1).
Regarding Claim 14, The combination of Eldridge in view of Vettori does not teach wherein a distance between the fourth lower guide plate and the first upper guide plate is greater than the distance between the second lower guide plate and the first upper guide plate. However, Perego teaches wherein a distance between the fourth lower guide plate and the first upper guide plate is greater than the distance between second lower guide plate and the first upper guide plate (Fig 8B shows a lower guide plate, 50, with 4 sections where the 4th or bottom section is farther from the top guide plate, 40, than any other section). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the guide plates of the combination to be at a different distance from each other as taught in Perego. A motivation for this modification is adjusting the position of the guide plate can add stability to the probe when different probes are used in the different probe sets.
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 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEREMIAH J BARRON whose telephone number is (571)272-0902. The examiner can normally be reached M-F 09:30-17:30 ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lee Rodak can be reached at (571) 270-5628. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JEREMIAH J BARRON/Examiner, Art Unit 2858
/LEE E RODAK/Supervisory Patent Examiner, Art Unit 2858