Prosecution Insights
Last updated: April 19, 2026
Application No. 18/912,653

SYSTEM AND METHOD FOR EXTENDING THE FUNCTIONALITY OF A FIRST TRANSMITTER

Non-Final OA §102§103§112
Filed
Oct 11, 2024
Examiner
TSE, YOUNG TOI
Art Unit
2632
Tech Center
2600 — Communications
Assignee
Endress+Hauser
OA Round
1 (Non-Final)
89%
Grant Probability
Favorable
1-2
OA Rounds
2y 7m
To Grant
98%
With Interview

Examiner Intelligence

Grants 89% — above average
89%
Career Allow Rate
889 granted / 998 resolved
+27.1% vs TC avg
Moderate +9% lift
Without
With
+8.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
33 currently pending
Career history
1031
Total Applications
across all art units

Statute-Specific Performance

§101
4.7%
-35.3% vs TC avg
§103
20.0%
-20.0% vs TC avg
§102
17.4%
-22.6% vs TC avg
§112
47.6%
+7.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 998 resolved cases

Office Action

§102 §103 §112
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 . Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Drawings The drawings are objected to because the reference characters (TR1-TR3, AE, AE’, AE’’, KV, KV’, SE1, SE2, SE1’, SE2’, and SE2’’) labeled in Figure 1 are not the standard reference characters for transmitters, display units, communication connections, and sensors, they need to have descriptive labels in conformance with 37 CFR 1.84(n), 1.84(o), and/or 1.84(p). For example, a descriptive label of “Display Unit” should be inserted into Figure 1 to properly replace the reference character (AE). 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 Objections Claims 3 and 5-9 are objected to because of the following informalities: 3. (Proposed Amendment) The measuring system according to claim 1, wherein the first data and/or the second data are measured values of the corresponding one or more first sensors or one or more second sensors or measured values of environmental sensors assigned to the one or more first sensors or the one or more second sensors. 5. (Proposed Amendment) The measuring system according to claim 4, wherein the display unit is designed to provide one display region per first sensor or second sensor of the one or more first sensors or of the one or more second sensors via which display regions the corresponding data of the respective first sensor or second sensor are output, wherein the display unit is designed to provide a further display region via which further display region the transferred data are output. 6. (Proposed Amendment) A method for extending a functionality of a first transmitter, wherein one or more first sensors are connected to the first transmitter, wherein the first transmitter is configured to receive and process first data from the one or more first sensors, the method comprising: providing a second transmitter; establishing a wireless communication connection with the second transmitter; transferring at least a portion of the first data from the first transmitter to the second transmitter; and processing and/or outputting the transferred portion of the first data by the second transmitter. 8. (Proposed Amendment) The method according to claim 6, further comprising: transferring a portion of [[the]] second data from the second transmitter to the first transmitter; and outputting and/or processing the transferred portion of the second data by the first transmitter. 9. (Proposed Amendment) The method according to claim 8, wherein, in the course of establishing the communication connection, a user selects which transmitter of the first and second transmitters is to transfer the first data, or the second data, to the corresponding other transmitter. Claim 7 depends from claim 6, therefore it is also objected. 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 5 and 9 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. Claim 5 depends from claims 1 and 4, the phrase “the transferred data” recited in last line of the claim lacks antecedent basis. It is unclear whether the transferred data is reference to the portion of the first data or the portion of the second data? Claim 9 depends from claims 6 and 8, the phrase “the corresponding other transmitter” recited in last line of the claim also lacks antecedent basis since only the first transmitter and the second transmitter were recited in the claims. Claim Rejections - 35 USC § 102 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 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. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. 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 (communication system 100), comprising: a first transmitter (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, pars. [0051] and [0053]); and 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]), wherein one or more first sensors (sensor module 176) are connected to the first transmitter and the first transmitter is designed to receive and process first data from the one or more first sensors (pars. [0105], [0106], [0113], [0114]), wherein one or more second sensors are connected to the second transmitter and the second transmitter is designed to receive and process second data from the one or more second sensors (not shown in the second electronic device 102, but includes the same features and performs the same functions as the first electronic device 101), 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), 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, and/or 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), 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). 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 secured 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 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. 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. Therefor, 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. HIGURE et al. relates to a wireless communication system comprising a first wireless transmission and reception device wirelessly transmitting a sound signal and a second wireless transmission and reception device receiving a sound signal wirelessly transmitted from the first wireless transmission and reception device and outputting a sound on the basis of the received sound signal. ZHANG et al. relates to a data transmission apparatus comprises a first transmission unit and a second transmission unit, wherein the first transmission unit includes a plurality of sensor interfaces and is configured to receive sensor data from a plurality of sensors through the plurality of sensor interfaces, and the second transmission unit includes a computing system interface and is configured to receive the sensor data from the first transmission unit and to send the sensor data to a computing system through the computing system interface. 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
Read full office action

Prosecution Timeline

Oct 11, 2024
Application Filed
Mar 03, 2026
Non-Final Rejection — §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

1-2
Expected OA Rounds
89%
Grant Probability
98%
With Interview (+8.6%)
2y 7m
Median Time to Grant
Low
PTA Risk
Based on 998 resolved cases by this examiner. Grant probability derived from career allow rate.

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