Prosecution Insights
Last updated: April 19, 2026
Application No. 18/525,815

Multipurpose Spacer

Non-Final OA §103
Filed
Nov 30, 2023
Examiner
RIOS RUSSO, RAUL J
Art Unit
2858
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Pmk Mess- Und Kommunikationstechnik GmbH
OA Round
1 (Non-Final)
86%
Grant Probability
Favorable
1-2
OA Rounds
2y 4m
To Grant
96%
With Interview

Examiner Intelligence

Grants 86% — above average
86%
Career Allow Rate
518 granted / 599 resolved
+18.5% vs TC avg
Moderate +9% lift
Without
With
+9.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
28 currently pending
Career history
627
Total Applications
across all art units

Statute-Specific Performance

§101
9.2%
-30.8% vs TC avg
§103
36.9%
-3.1% vs TC avg
§102
24.3%
-15.7% vs TC avg
§112
21.5%
-18.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 599 resolved cases

Office Action

§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. Oath/Declaration Oath/Declaration as file 11/30/2023 is noted by the Examiner. Title Objection The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. 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. The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claim(s) 1-4 and 6-14 are rejected under 35 U.S.C. 103 as being unpatentable over Venkatarayalu et al. EP 4239318 (Hereinafter Venkatarayalu; Copy Provided by Examiner) in view of Davis et al. US 2011/0143591 (Hereinafter Davis). Regarding claim 1, Venkatarayalu teaches a spacer (Figs. 85A-85E; spacer; 8511), comprising a spacer body (Figs. 85A-85E; spacer; 8511) with an inner surface (Figs. 85A-85E; spacer; 8511) contacting a temperature-controlled chamber (Figs. 17, 18; thermally controlled waveguide housing; 1710, 1810), and an outer surface (Figs. 85A-85E; spacer; 8511) contacting a housing (Figs. 17, 18; [0398]; thermally controlled waveguide housing; 1710, 1810; “thermally controlled waveguide housing may be or comprise a casing or sleeve”). Venkatarayalu does not specifically teach wherein the spacer body comprises an inner electrical connection on the inner surface, an outer electrical connection on the outer surface, and a ground lead electrically connecting the inner electrical connection and outer electrical connection. However, Davis does teach spacer body comprises an inner electrical connection (Figs. 1, 4; connector assemblies; 102, 104; From [0020]: “The header assembly 102 and the receptacle assembly 104 may each be referred to herein as an "electrical connector".”) on the inner surface (Figs. 1, 4; connector assemblies; 102, 104; inner ground shield, 210), an outer electrical connection (Figs. 1, 4; connector assemblies; 102, 104) on the outer surface (Figs. 1, 4; connector assemblies; 102, 104; outer ground shield, 212), and a ground lead (Fig. 3; [0028-0030]; electrical leads; 188; From [0029]; “But, in addition or alternative, one or more of the electrical leads 188 may be a ground lead, a power lead, and/or the like.”) electrically connecting the inner electrical connection (Figs. 1, 4; connector assemblies; 102, 104; inner ground shield, 210) and outer electrical connection (Figs. 1, 4; connector assemblies; 102, 104; outer ground shield, 212). It would have been obvious before the effective filing date of the claimed invention to modify the apparatuses, systems and methods for sample testing of Venkatarayalu by implementing the teachings of Davis regarding wherein the spacer body comprises an inner electrical connection on the inner surface, an outer electrical connection on the outer surface, and a ground lead electrically connecting the inner electrical connection and outer electrical connection; so that “signal degradation is reduced” (See Davis; Abstract). Regarding claim 2, the combination of Venkatarayalu and Davis teach the spacer of claim 1, wherein Venkatarayalu further teaches further comprising a resonance-mitigating device electrically connected between the inner electrical connection and the outer electrical connection (Figs. 85A-85E; resonant flex, 8507). Regarding claim 3, the combination of Venkatarayalu and Davis teach the spacer of claim 2, wherein Venkatarayalu further teaches wherein the resonance-mitigating device is a resistor ([0421]; resistors). Regarding claim 4, the combination of Venkatarayalu and Davis teach the spacer of claim 1, wherein Davis further teaches further comprising a proximal ground lead (Fig. 3; [0028-0030]; electrical leads; 188; From [0029]; “But, in addition or alternative, one or more of the electrical leads 188 may be a ground lead, a power lead, and/or the like.”) a proximal inner electrical connection (Fig. 3; [0028-0030]; electrical leads; 188), a proximal outer electrical connection (Fig. 3; [0028-0030]; electrical leads; 188), a distal ground lead (Fig. 3; [0028-0030]; electrical leads; 188), a distal inner electrical connection (Fig. 3; [0028-0030]; electrical leads; 188), and a distal outer electrical connection (Fig. 3; [0028-0030]; electrical leads; 188). Regarding claim 6, the combination of Venkatarayalu and Davis teach the spacer of claim 1, wherein Davis further teaches wherein the spacer body comprises a PCB material (Figs. 1, 12; printed circuit; 106, 108), and wherein the ground lead (Fig. 3; [0028-0030]; electrical leads; 188) comprises PCB traces (Figs. 1, 12; printed circuit; 106, 108). Regarding claim 7, the combination of Venkatarayalu and Davis teach the spacer of claim 1, wherein Venkatarayalu further teaches wherein the spacer body has a thickness of about 0.5 mm (Figs. 85A-85E; spacer; 8511). Regarding claim 8, the combination of Venkatarayalu and Davis teach the spacer of claim 1, wherein Davis further teaches wherein the ground lead (Fig. 3; [0028-0030]; electrical leads; 188) comprises a ground lead wire (Fig. 3; [0028-0030]; electrical leads; 188; From [0029]; “But, in addition or alternative, one or more of the electrical leads 188 may be a ground lead, a power lead, and/or the like.”). Regarding claim 9, the combination of Venkatarayalu and Davis teach the spacer of claim 8, wherein Davis further teacches wherein the ground lead (Fig. 3; [0028-0030]; electrical leads; 188) comprises a meandered section in which the ground lead wire is arranged in a narrow meander-type pattern (Fig. 3; [0028-0030]; electrical leads; 188; From [0029]; “But, in addition or alternative, one or more of the electrical leads 188 may be a ground lead, a power lead, and/or the like.”). Regarding claim 10, the combination of Venkatarayalu and Davis teach an assembly comprising the spacer of claim 1 (See Rejection of Claim 1) placed in a housing (Figs. 17, 18; [0398]; thermally controlled waveguide housing; 1710, 1810; “thermally controlled waveguide housing may be or comprise a casing or sleeve”) comprising a temperature-controlled chamber (Figs. 17, 18; thermally controlled waveguide housing; 1710, 1810) and a temperature control device ([0654]; temperature monitoring device(s), temperature sensors). Regarding claim 11, the combination of Venkatarayalu and Davis teach the assembly of claim 10, wherein Venkatarayalu further teaches wherein the temperature control device ([0654]; temperature monitoring device(s)) comprises a thermo-electric cooler stack ([0654]; temperature monitoring device(s)), a temperature sensor ([0654]; temperature monitoring device(s)), a signal input ([0654]; temperature monitoring device(s)), and a signal output ([0654]; temperature monitoring device(s); “It should be appreciated that, in some embodiments, temperature sensors associated with a sample testing device, waveguide, and/or the like may be utilized for monitoring and/or otherwise controlling the operational temperature for testing sample mediums as described herein.”). Regarding claim 12, the combination of Venkatarayalu and Davis teach the assembly of claim 11, wherein Venkatarayalu further teaches further comprising a flexible thermal pad (Figs. 98A-98C; flexible memebrane, 9806) between the temperature control device ([0654]; temperature monitoring device(s), temperature sensors) and the temperature-controlled chamber (Figs. 17, 18; thermally controlled waveguide housing; 1710, 1810). Regarding claim 13, the combination of Venkatarayalu and Davis teach the assembly of claim 11, wherein Venkatarayalu further teaches wherein the housing (Figs. 17, 18; [0398]; thermally controlled waveguide housing; 1710, 1810; “thermally controlled waveguide housing may be or comprise a casing or sleeve”) comprises a slit for receiving an outer portion of the spacer (Figs. 85A-85E; spacer; 8511). Regarding claim 14, the combination of Venkatarayalu and Davis teach the assembly of claim 11, wherein Venkatarayalu further teaches wherein the spacer (Figs. 85A-85E; spacer; 8511) is soldered to the temperature-controlled chamber (Figs. 17, 18; thermally controlled waveguide housing; 1710, 1810). Claim(s) 5 is rejected under 35 U.S.C. 103 as being unpatentable over Venkatarayalu in view of Davis in further view of Trucchio US 2016/0221163 (Hereinafter Trucchio). Regarding claim 5, the combination of Venkatarayalu and Davis teach the spacer of claim 1, but not specifically wherein the spacer body has an arc-shape. However, Trucchio does teach wherein the spacer body has an arc-shape (Fig. 7; [0034]; spacer ring, 48). It would have been obvious before the effective filing date of the claimed invention to modify the combination of Venkatarayalu and Davis by implementing the teachings of Trucchio regarding wherein the spacer body has an arc-shape; in order “to engage friction springs on the wrench mouth” (See Trucchio; [0034]). Allowable Subject Matter Claims 15-17 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. The following is an examiner’s statement of reasons for allowance: Regarding claim 15, the prior art does not teach or suggest, in combination with the rest of the limitations of claims 1, 10 and 11, “…wherein the spacer holds down the temperature-controlled chamber and fixes it on the temperature control device by compression of the flexible thermal pad between the temperature control device and the temperature-controlled chamber.” Regarding claim 16, the prior art does not teach or suggest, in combination with the rest of the limitations of claim 1, “…Mounting a temperature control device to the housing, b. Placing a flexible thermal pad between a temperature-controlled chamber and the temperature-control device, c. Placing the temperature-controlled chamber on top of the flexible thermal pad, d. Electrically connecting the temperature-controlled chamber to an inner electrical connection of the spacer, e. Assembling the housing such that it contacts an outer electrical connection of the spacer, and f. Observing a reduced error signal and improved high-frequency performance.” Claim 17 is also allowed as it further limits objected claim 16. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Bandoh US 2008/0043803 - A temperature sensor (10) includes: a temperature-sensing portion for measuring a temperature of an object (50) by contacting the object; and a supporting portion for supporting the temperature-sensing portion from a side opposite to a contact surface, the supporting portion having a space at a portion partially corresponding to the temperature-sensing portion. Hunter et al. US 2016/0025817 - A test instrument for use with a sample having a plurality of electrically conducting contact pads, the instrument including: a controllable, variable force linear actuator; a probe assembly operated by the linear actuator, the probe assembly having a probe head at one end with a surface for contacting the sample; a movable contactor assembly including a plurality of contacts for electrically contacting the plurality of contact pads on the sample. Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAUL J RIOS RUSSO whose telephone number is (571)270-3459. The examiner can normally be reached Monday-Friday: 10am-6pm, EST. 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. /RAUL J RIOS RUSSO/Examiner, Art Unit 2858
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Prosecution Timeline

Nov 30, 2023
Application Filed
Feb 05, 2026
Non-Final Rejection — §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
86%
Grant Probability
96%
With Interview (+9.2%)
2y 4m
Median Time to Grant
Low
PTA Risk
Based on 599 resolved cases by this examiner. Grant probability derived from career allow rate.

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