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 lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Objections
Claim 19 is objected to because of the following informalities: since claim 19 depends from claim 1, in line 2, “a device under test” should be change to --the device under test-- in order to avoid a duplicative positive recitation for this limitation in the claim. Appropriate correction is required.
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.
Claims 1-20 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
a)Regarding all claims 1-20, in line 1, it states: “A test and/or measurement instrument…” With the use of “and/or”, it is not clear if the instrument contains both test and measurement or just one of test or measurement.
For examination purposes, the examiner is taking a position that the instrument, in all claims 1-20, has an option of test or measurement and not having both test and measurement until further clarification is given by the applicant.
b)Regarding claim 1, the claim states: “…the measurement circuit is configured to receive the test signal…” It is not clear from the claim how the circuit received the test signal when “…the test signal… is forward to the first port via the first path…” which the first path and the first port is connectable to the device under test.
For examination purposes, the examiner is not given patentable weight to the limitation “…the measurement circuit is configured to receive the test signal…” until further explanation and clarification is given by the applicant. Since claims 2-20 depend from claim 1, they also are rejected for the above reason.
c)Regarding claim 4, the claim states: “…the second path is connected with the signal generator circuit…” It is not clear from the claim how the second path is connected to the signal circuit when the “…second path connected with the second port…” which the second path receives a measurement signal from the DUT and transmit the signal to the measurement circuit.
For examination purposes, the examiner is not given patentable weight to the limitation “…the second path is connected with the signal generator circuit…” until further explanation and clarification is given by the applicant.
d)Regarding claim 12, it states: “…an amplification of the deice under test and/or a noise contribution of the second path…” With the use of “and/or”, it is not clear if the claim amplifying both DUT and noise contribution or just one of the DUT or noise contribution of the second path.
For examination purposes, the examiner is taking a position that the amplification is done to only one of the items and not both items until further clarification is given by the applicant.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-5, 10-11, 13-14 and 18-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ramian et al (US Pub No. 2023/0106890 A1).
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Regarding claim 1, Ramian et al disclose [see Fig. 1 above] a test or measurement instrument (testing device 40) for noise measurements of a device under test (DUT 12), wherein the test or measurement instrument (40) comprises: a signal generator circuit (signal generator 14) configured to generate a test signal [modulated signal see para [0058] for details] comprising a band-limited noise signal; a first port (shown above as Port 1) connectable [via input 22] to the device under test (12); a second port (shown above as Port 2 or 3) connectable [via output 32 and 2nd element 30] to the device under test (12); a first path (shown above as Lines A & B) [via item 16] connected with the first port (Port 1) and the signal generator circuit (14) such that the test signal generated by the signal generator circuit (14) is forwarded to the first port (Port 1) via the first path (Lines A & B); a second path (Lines D or E) connected with the second port Ports 2 or 3); a measurement circuit (measurement instrument 24) that receives [via item 30] a measurement signal [transmitted signal see para [0064] for details] from the second path (Line D or E), which corresponds to the test signal being processed by the device under test (12), wherein the measurement circuit (24) is configured to receive the test signal [see above regarding rejection under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph], and wherein the measurement circuit (24) is configured to determine a noise contribution of the device under test (12) to the measurement signal based on the test signal received and the measurement signal (24)received from the second path (Line D or E). Although the prior art does not specifically disclose the claimed noise, this feature is seen to be an inherent teaching of that device since a radio frequency is disclosed and it is apparent that some type of noise must be presented for the testing device to function as intended.
Regarding claim 2, Ramian et al disclose wherein the measurement circuit (24) is coupled with the first path (Lines A & B) [via Line C and item 16].
Regarding claim 3, Ramian et al disclose wherein the first path (Line A & B) and the second path (Line D or E) both are coupled with the measurement circuit (24) by a respective coupler (element 16 for Lines A & B and element 30 for Lines D or E) or wherein the second path (Line D or E) is electrically connected with the measurement circuit (24) by a line [see Fig. 1 above].
Regarding claim 4, Ramian et al disclose wherein the second path (Line D or E) is connected with the signal generator circuit (14) [via instrument 24 and line 38].
Regarding claim 5, Ramian et al disclose a housing (housing 42) that encompasses the signal generator circuit (14) and the measurement circuit (24).
Regarding claim 10, Ramian et al disclose wherein the measurement circuit (24) is coupled with the first path (Line A & B) [via item 16 and Line C] such that the measurement circuit (24) is configured to receive the test signal from the first path (Line A) and to digitize the test signal received, thereby generating a digitized test signal based on which the noise contribution of the device under test (12) to the measurement signal is determined.
Regarding claim 11, Ramian et al disclose wherein the measurement circuit (24) is configured to receive a digital waveform of the test signal from a storage medium [see para [0036] & [0066] for details], and wherein the measurement circuit (24) is configured to calculate the noise contribution of the device under test (12) to the measurement signal based on the digital waveform received.
Regarding claim 13, Ramian et al disclose wherein the test or measurement instrument (40) comprises a calibration mode, wherein the first port (Port 1) is connected with the second port (Port 2 or 3) via a line (Line B, D & E) in the calibration mode, which is used for connecting the device under test (12), and wherein the measurement circuit (24) is configured to measure the test signal forwarded to the second path (Line D or E) in order to determine the band-limited noise signal as part of the measured test signal.
Regarding claim 14, Ramian et al disclose wherein the measurement circuit (24) is configured to calculate a noise figure of the device under test (12) based on the noise contribution of the device under test (12).
Regarding claim 18, Ramian et al disclose wherein the test or measurement instrument (40) is a vector network analyzer or a spectrum analyzer [see para [0002], [0046]-[0049], [0061] & [0097] for details].
Regarding claim 19, Ramian et al disclose a test or measurement system (test system 10) for noise measurements, wherein the test or measurement system (40) comprises a device under test (DUT 12) and the test or measurement instrument (testing device 40) according to claim 1, and wherein the device under test (12) is connected with the first port (Port 1) and the second port (Port 2 or 3) of the test or measurement instrument (40).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 for details.
Allowable Subject Matter
Claims 6-9, 12, 15-17 and 20 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 following is a statement of reasons for the indication of allowable subject matter: regarding claim 6, the primary reason for the allowance of the claim is due to the signal generator circuit is configured to generate a continuous wave signal in parallel to the band-limited noise signal such that the test signal comprises the continuous wave signal and the band-limited noise signal that overlaps the continuous wave signal. Since claims 7-9 depend from claim 6, they also have allowable subject matter.
Claim 12 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Regarding claim 15, the primary reason for the allowance of the claim is due to the signal generator circuit comprises at least one direct-digital-synthesis, DDS, circuit that is configured to generate the band-limited noise signal. Since claims 16-17 depend from claim 15, they also have allowable subject matter.
Regarding claim 20, the primary reason for the allowance of the claim is due to the test or measurement system comprises an impedance tuner that is arranged between the first port and the device under test or between the second port and the device under test.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JERMELE M HOLLINGTON whose telephone number is (571)272-1960. The examiner can normally be reached Mon-Fri 7:00am-3:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lee E 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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/JERMELE M HOLLINGTON/ Primary Examiner, Art Unit 2858