Prosecution Insights
Last updated: October 25, 2026
Application No. 18/912,653

SYSTEM AND METHOD FOR EXTENDING THE FUNCTIONALITY OF A FIRST TRANSMITTER

Final Rejection §102§103§112
Filed
Oct 11, 2024
Priority
Oct 18, 2023 — DE 10 2023 128 594.7
Examiner
TSE, YOUNG TOI
Art Unit
2632
Tech Center
2600 — Communications
Assignee
Endress+Hauser Conducta GmbH+Co. KG
OA Round
2 (Final)
89%
Grant Probability
Favorable
3-4
OA Rounds
4m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 89% — above average
89%
Career Allowance Rate
928 granted / 1040 resolved
+27.2% vs TC avg
Moderate +8% lift
Without
With
+8.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
22 currently pending
Career history
1075
Total Applications
across all art units

Statute-Specific Performance

§101
5.8%
-34.2% vs TC avg
§103
20.1%
-19.9% vs TC avg
§102
17.6%
-22.4% vs TC avg
§112
48.3%
+8.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1040 resolved cases

Office Action

§102 §103 §112
DETAILED ACTION Response to Arguments Applicant’s arguments, see page 1 of the Remarks, filed on July 08, 2026, with respect to drawing objections have been fully considered and are persuasive. The objection of the drawing has been withdrawn. Applicant’s arguments, see page 1 of the Remarks, filed on July 08, 2026, with respect to claim objections have been fully considered and are persuasive. The objection of claims 3 and 5-9 has been withdrawn. Applicant’s arguments, see page 1 of the Remarks, filed on July 08, 2026, with respect to claim rejections under 35 U.S.C. §112(b) have been fully considered and are persuasive. The rejection of claims 5 and 9 has been withdrawn. Applicant's arguments filed on July 08, 2026 have been fully considered but they are not persuasive. Regarding the rejections of claims 1-4 and 6-9 rejected under 35 U.S.C. §102, Applicant’s arguments have been fully considered by the examiner. However, the examiner respectfully disagrees with the arguments. Applicant argued that the amendment to independent claim 1 clarifying that the measuring system is one used "in process control engineering" also clarifies the structure of the transmitter and the relationship between the transmitter and the sensors. For example, Applicant's specification begins the teaching of a transmitter by teaching, "A transmitter, also known as a measuring transducer, is located in the region of the sensor, which transmitter converts and processes the sensor signal." (Application, Par. [0003]). The specification further teaches that, "A transmitter in the liquid analysis environment can read sensor values, forward them to control centers and display them." (Id. at Par. [0004]). That is to say, in process engineering, the term transmitter does not mean simply a device that sends wireless or wired data signals, but a device which interfaces to sensors, interfaces to an upstream control center, which has computing power to process data values from sensors, and which may have a display (and associated controls). Applicant further argued that paragraphs [0004]-[0006] also explain the relationship between the transmitter and the sensors in process control engineering. The sensors are physically connected with the transmitter (e.g., via a cable, see Par. [0006]) and the transmitter collects data from the sensors (See, Par. [0004]). The transmitters are usually physically close to the sensors because of the wired (though not necessarily galvanic) connection between them (See, Id. at Par. [0004]). Transmitters are limited in capability and "Only a limited number of sensors can be connected to transmitters." (Application, Par. [0005]). Hence this provides the motivation for the disclosed inventive method. Kim’s “communication system” with sensors and transceivers shown in FIG. 1 is structurally identical to claim 1. The preamble stating a specific field “process control engineering” does not carry patentable weight. Further, although the claims are interpreted in light of the specification, but not the measure of invention, limitations from the specification are not read into the claims for the purpose of avoiding the prior art. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). Applicant further argued that also absent in the teaching of Kim is the reciprocal relationship between Applicant's recited transmitters. In Applicant's recited measuring system, each of the first and second transmitters is embodied to send its sensor data to the other transmitter in the measuring system. Additionally, each of the first and second transmitters is embodied to process the sensor data sent to it by the other transmitter in the measuring system. Although Kim teaches communication among the electronic devices in Kim's network environment (i.e., item 100 in Fig. 1), Kim does not teach such a reciprocal relationship among the electronic devices. As shown in Figure 1, the communication system (100) comprises: the transceiver 101 (first electronic device) includes a sensor module (176) and a wireless communication module (192), the transceiver inherently acts as a transmitter; the transceiver 102 (second electronic device) is explicitly stated to comprise the same circuit elements as the first device, meaning it also has a sensor module and a wireless communication module, wherein the transceiver inherently acts as a transmitter. The first or second transceiver connected to the internal sensor module must inherently receive and process data from that sensor to transmit it. Drawings The drawings were received on July 08, 2026. The drawing is acceptable by the examiner. Claim Rejections - 35 USC § 112 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 9 is 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. The phrase “a user selects which transmitter of the first and second transmitters is to transfer the first data, or the second data, to the other transmitter of the first and second transmitters” recited in the amendment of claim 9 is vague and indefinite. For example, the phrase “transfer the first data, or the second data, to the other transmitter” leaves it unclear what the user is actually selecting. Is the user choosing: Only which transmitter acts as the sender? Both the sender and which data set to send? A combination where either transmitter can send either data set? Claim Rejections - 35 USC § 102 The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claims 1-4 and 6-9 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kim et al. (US 2022/0401815 A1), hereinafter “Kim”. Kim illustrates a communication system (100) in Figure 1 comprising a first electronic device (101) including at least a display module (160), a sensor module (176), and a wireless communication module (192) in communications with a second electronic device (102) through a first network (198) and with a third electronic device (104) through a second network (199). Regarding claim 1, as shown in Figure 1, a measuring system in process engineering (the communication system 100 with sensors and transceivers is structurally identical. The preamble stating a specific field “process control engineering” does not carry patentable weight), comprising: a first transmitter (the wireless communication module 192 which operates as a transceiver that is capable of transmitting and receiving data to/from the second electronic device 102 from the antenna 197, par. [0051] and par. [0053]. A transceiver inherently acts as a transmitter); one or more first sensors connected to the first transmitter, wherein the first transmitter is designed to receive and process first data from the one or more first sensors (the transceiver 101 (first electronic device) includes the sensor module 176 and the wireless communication module 192); a second transmitter (not shown, but each of the electronic device 102 or 104 may be a device of a same type as, or a different type, from the electronic device 101, par. [0056]); and one or more second sensors connected to the second transmitter, wherein the second transmitter is designed to receive and process second data from the one or more second sensors (the transceiver 102 (second electronic device) is explicitly stated to comprise the same circuit elements as the first electronic device, meaning it also has a sensor module and wireless module. See pars. [0105], [0106], [0113], and [0114]), wherein the first transmitter and the second transmitter are wirelessly in communication connection with one another (by the antenna module 197 through the first network 198. A transceiver connected to an internal sensor module must inherently receive and process data from that sensor to transmit it), wherein the first transmitter is designed to transfer at least a portion of the first data to the second transmitter via the communication connection (the antenna module 197 may transmit or receive signal or power to or from the outside, e.g. the external device of the second electronic device 102, par. [0053]), wherein the second transmitter is designed to output and/or process the transferred portion of the first data, wherein the second transmitter is designed to transfer at least a portion of the second data to the first transmitter via the communication connection (not shown in the second electronic device 102, but includes the same features and performs the same functions as the first electronic device 101. Follows the same logic as the first transceiver), and wherein the first transmitter is designed to output and/or process the transferred portion of the second data (by the antenna module 197 through the first network 198. Transceivers 101 and 102 are in communication through network 198). Applicant note: Because both devices are identical “transceivers” (which by definition send and receive) wirelessly linked on the same network, it is not new to a Person Having Ordinary Skill in the Art that two-way data exchange of their respective sensor data occurs. Regarding claim 2, as shown in Figure 1, inherently, the communication connection (first network 198) is based on a wireless radio standard (antenna 197). Regarding claim 3, as described in at least paragraphs [0042], [0127], and [0134], wherein the first data and/or the second data are measured values of the corresponding first sensors or second sensors or measured values of environmental sensors assigned to the first sensors or second sensors. Regarding claim 4, as shown in Figure 1 and described in at least paragraphs [0042], [0105], and [0113], wherein the first transmitter or the second transmitter includes a display unit (display module 160), wherein the display unit of the first transmitter or of the second transmitter is designed to output the corresponding transferred portion of the first data or second data. Regarding claim 6, including the dependent claim 8, claim 6 is a method claim, and the method steps recited in both claims 6 and 8 are similar to the claim features recited in the apparatus claim 1 for the similar reasons described in claim 1 above. Regarding claim 7, it is widely understood in communication art that, while wireless signals are inherently susceptible to eavesdropping and interception, modern wireless connections are established in a secure manner using, at minimum, robust encryption protocols like WPA2 or WPA3. Security is achieved through authentication, confidentiality, and integrity, although it requires active configuration. Therefore, it is well known that secure wireless communication relies on a combination of established protocols and active, up-to-date security measures to protect against inherent broadcast vulnerabilities. Regarding claim 9, as shown in Figure 1 and described in at least paragraph [0042], wherein, in the course of establishing the communication connection, a user selects which of the transmitters is to transfer the first data, or the second data, to the corresponding other transmitter (the display module 160 may visually provide information to the outside, e.g., a user of the electronic device 101, such as the second electronic device 102 or the third electronic device 104). Claim Rejections - 35 USC § 103 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 5 is rejected under 35 U.S.C. 103 as being unpatentable over Kim, as applied to claims 1 and 4, in view of SAXENA et al. (US 2020/0122156 A1), hereinafter “Saxena”. Regarding claim 5, as applied to claims 1 and 4, although Kim illustrates that the electronic device (101) of the communication system further comprises a camera module (180) which is considered as a specialized type of sensor module, and further teaches in paragraph [0079] that the sensor module (176) can be a motion sensor (217 or 227) may include an acceleration sensor (218 or 228) and a gyro sensor (219 or 229) shown in Figure 2 and other types of sensors in paragraph [0044]. Although Kim does not explicitly show or teach that the display unit (display module 160) of the first transmitter or of the second transmitter is designed to provide one display region per first sensor or second sensor via which display regions the corresponding data of the respective first sensor or second sensor are output, and designed to provide a further display region via which further display region the transferred data are output, it is commonly found in applications requiring high reliability and immediate data interpretation, such as industrial control panels, medical imaging, and military surveillance systems. For example, Saxena illustrates a user interface (820) in in Figure 8 and Figure 10 connected to a mill computer (806), as shown in Figure 10, the user interface (820) includes a computing device (100), an input device (106) and a display screen (107). Saxena further teaches in at least paragraph [0013] that the display screen (107) is operatively connected to a processor on which the graphical information is displayed in the first and second region. Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art as taught by Saxena to implement Kim’s display module to provide one display region per first sensor or second sensor via which display regions the corresponding data of the respective first sensor or second sensor are output, and designed to provide a further display region via which further display region the transferred data are output in order to provide dedicated regions for individual sensors (first/second sensors) alongside a separate region for transferred data provides the primary advantage of enhanced real-time monitoring and situational awareness by enabling simultaneous, organized visualization of raw sensor inputs and processed/networked data. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Behm et al. (US 6,568,279 B2) relates to a scalable process transmitter architecture includes a unitized sensor module and an optional scalable transmitter. The sensor module has a sensor output that is configurable which can connect locally to a scalable transmitter module to form a transmitter or can be wired directly to a remote receiver. The scalable transmitter can mount on the unitized sensor module and generate a scalable output for a remote receiver. The transmitter module can provide more advanced features for specific applications. THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for replying 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 Young T. Tse whose telephone number is (571)272-3051. The examiner can normally be reached Mon-Fri 10:30am-7pm. 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, Chieh M Fan can be reached at 571-272-3042. 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. /Young T. Tse/Primary Examiner, Art Unit 2632
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Prosecution Timeline

Oct 11, 2024
Application Filed
Mar 09, 2026
Non-Final Rejection mailed — §102, §103, §112
Jul 08, 2026
Response Filed
Sep 16, 2026
Final Rejection mailed — §102, §103, §112 (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

3-4
Expected OA Rounds
89%
Grant Probability
98%
With Interview (+8.5%)
2y 5m (~4m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 1040 resolved cases by this examiner. Grant probability derived from career allowance rate.

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