Prosecution Insights
Last updated: April 19, 2026
Application No. 18/680,086

TEST AND/OR MEASUREMENT SYSTEM

Non-Final OA §103
Filed
May 31, 2024
Examiner
NGUYEN, VINH P
Art Unit
2858
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Rohde & Schwarz GmbH & Co. Kg
OA Round
1 (Non-Final)
86%
Grant Probability
Favorable
1-2
OA Rounds
2y 5m
To Grant
99%
With Interview

Examiner Intelligence

Grants 86% — above average
86%
Career Allow Rate
1169 granted / 1355 resolved
+18.3% vs TC avg
Strong +16% interview lift
Without
With
+16.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
23 currently pending
Career history
1378
Total Applications
across all art units

Statute-Specific Performance

§101
3.4%
-36.6% vs TC avg
§103
45.8%
+5.8% vs TC avg
§102
8.6%
-31.4% vs TC avg
§112
24.7%
-15.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1355 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 . Specification 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. Drawings The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the feature of “circuitry configured to: identify the at least one unwanted signal portion in the analysis signal based on the predetermined waveform and analyze the analysis signal taking the identified at least one unwanted signal portion into account, thereby obtaining analysis data” as recited in claim 1, the feature of “circuitry configured to determine a metric based on the analysis signal and based on the predetermined waveform” as recited in claim 3, the feature of “circuitry configured to determine the metric based on an amplitude of the at least one unwanted signal portion and/or based on a phase of the at least one unwanted signal portion” as recited in claim 4, the feature of “circuitry configured to determine the metric based on a group delay of the at least one unwanted signal portion” as recited in claim 5, the feature of “circuitry configured to remove the at least one unwanted signal portion from the analysis signal in order to determine the analysis data” as recited in claim 6, the features of “circuitry configured to determine at least one complex-valued scaling factor based on the predetermined waveform and based on the identified at least one unwanted signal portion and “circuitry configured to subtract the predetermined waveform scaled with the at least one complex-valued scaling factor from the analysis signal” as recited in claim 7, the feature of “circuitry configured to determine different complex-valued scaling factors for different unwanted signal portions” as recited in claim 9 and the feature of ” circuitry configured to iteratively determine the different complex-valued scaling factors and subtract the predetermined waveform scaled with the respective complex-valued scaling factor from the analysis signa as recited in claim 10 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. 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: 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 1-2,6 and 11-16 are rejected under 35 U.S.C. 103 as being unpatentable over Wertz et al (pat# 9,188,617) in view of Christian et al ( DE-10201200619 A1) As to claim 1, Wertz et al disclose a test and/or measurement system, the test and/or measurement system as shown in figure 5 comprising a signal generator module (502), wherein the signal generator module includes circuitry configured to generate a modulated radio frequency (RF) signal based on a predetermined waveform, and a signal analysis module (504), wherein the signal analysis module includes circuitry configured to receive an analysis signal (output from a switch “520) via at least one signal path (a,b), wherein the analysis signal corresponds to the modulated signal. It is noted that Wertz et al do not explicitly mention about wherein the analysis signal comprises at least one wanted signal portion, wherein the at least one wanted signal portion is a portion of the analysis signal to be analyzed, wherein the analysis signal further comprises at least one unwanted signal portion, wherein the at least one unwanted signal portion corresponds to a spurious signal originating in the test and/or measurement system due to signal leakage and/or due to reflections, wherein the signal analysis module includes circuitry configured to: identify the at least one unwanted signal portion in the analysis signal based on the predetermined waveform, and analyze the analysis signal taking the identified at least one unwanted signal portion into account, thereby obtaining analysis data. However, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to recognize that the output signal from the switch (520) would include both wanted signal and unwanted signal (noise) portion corresponds to a spurious signal originating in the test and/or measurement system due to signal leakage and/or due to reflections directive (532,534), Furthermore, it would have been obvious for one of ordinary skill in the art to consider the circuitry (538,532,534,536) of the spectrum analyzer identifies the at least one unwanted signal portion and to process both wanted signal portion and unwanted signal portion for the purpose of producing clean signal and analyzing the analysis signal (clean signal). Christian et al teach that it is well known in the art that the Radio Frequency is used within the Vector Network Analyzer (VNA) It would have been well-known in the art to recognize that the signals used in test and/or measurement system as shown in figure 5 of Wertz et al is a Radio Frequency as taught by Christian at al . As to claim 2, Wertz et al disclose a test and/or measurement system as mentioned in claim 1 further includes at least one directive element (532,534) , wherein the at least one unwanted signal portion comprises a leaked signal that is leaked by the at least one directive element. As to claim 6, Wertz et al disclose a test and/or measurement system as mentioned in claim 1, wherein the signal analysis module includes circuitry (532,534,538) configured to remove the at least one unwanted signal portion from the analysis signal to yield clean signal in order to determine the analysis data. As to claim 11, Wertz et al disclose a test and/or measurement system as mentioned in claim 1 and it appears that the analysis data would comprise at least one scattering parameter of a device under test (not shown) connected to a test port (526). As to claim 12, Wertz et al disclose a test and/or measurement system as mentioned in claim 1 having a test port (526) connected to the signal generator (502) and the device under test (not shown). As to claim 13, in the device of Wertz et al , the test port (526) is also connected to the signal analysis module (504). As to claim 14, Wertz et al disclose a test and/or measurement system as mentioned in claim 1 but does not further comprise a second port connected to a signal analysis module, wherein the second port is connectable to the device under test. However, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to provide an additional second port connected to another signal analysis module and connectable to the device under test for the purpose of monitoring and analyzing a different part of the device under test simultaneously so that the test procedure is accelerated. Furthermore, mere duplication of parts has no patentable significance unless a new and unexpected result is produced (see In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960)). As to claim 15, the test and/or measurement of Wertz et al comprise the signal generator module (502) and the signal analysis module (504). As to claim 16, wherein the test and/or measurement instrument is a vector network analyzer (500) as shown in figure 5. Allowable Subject Matter Claims 3-5 and 7-10 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. The prior art does not disclose the signal analysis module includes circuitry configured to determine a metric based on the analysis signal and based on the predetermined waveform, wherein the metric describes the at least one unwanted signal portion as recited in claim 3 and in combined with the limitation of claim 1. Claims 4-5 depend from objected claim 3, they are also objected to. The prior art does not disclose the signal analysis module includes circuitry configured to determine at least one complex-valued scaling factor based on the predetermined waveform and based on the identified at least one unwanted signal portion, and wherein the signal analysis module includes circuitry configured to subtract the predetermined waveform scaled with the at least one complex-valued scaling factor from the analysis signal as recited in claim 7 and in combined with the limitation of claim 1. Claims 8-10 depend from objected claim 7, they are also objected to. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Dvorak et al (pat# 8,155,904) disclose Vector Signal Measuring System, Featuring Wide Bandwidth, Large Dynamic Range, And High Accuracy. Kapetanic et al (pat# 6,529,844) disclose Vector Network Measurement System. Any inquiry concerning this communication or earlier communications from the examiner should be directed to VINH P NGUYEN whose telephone number is (571)272-1964. The examiner can normally be reached M-F 6:00am-4:00pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Phan Huy can be reached on 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. /VINH P NGUYEN/Primary Examiner, Art Unit 2858
Read full office action

Prosecution Timeline

May 31, 2024
Application Filed
Mar 04, 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
99%
With Interview (+16.3%)
2y 5m
Median Time to Grant
Low
PTA Risk
Based on 1355 resolved cases by this examiner. Grant probability derived from career allow rate.

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