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 .
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on or before 2025-03-21 is/are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement(s) is/are being considered by the examiner.
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.
Claims 15-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by “PICO” (PicoSource PG900 Series Pulse Generators User's Guide – From Applicant IDS).
Regarding Claim 15, PICO teaches a method for generating two or more calibration signals simultaneously in a calibration device, the method comprising:
generating a base calibration signal (Page 47, section 6.1 shows table of generated signals, therefore a signal is generated);
simultaneously routing the base calibration signal to two or more output paths of the calibration device (Page 45 section 5.1 shows diagram with a splitter (SRD Deskew) splitting a signal for the positive and negative outputs); and
generating, in each of the two or more output paths, an output calibration signal having an individually controllable amplitude (Page 29 section "Pos Out vs. Neg Out" teaches the amplitude may be controlled separately on each output).
Regarding Claim 16, PICO teaches the method according to claim 15, in which the individually controllable amplitude in each of the two or more output paths (Page 29 section "Pos Out vs. Neg Out" teaches the amplitude may be controlled separately on each output) is controllable by a user through a user interface (Page 28-29 section 4.2 teaches a user interface for controlling the signals).
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.
Claims 1-4, 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over “FLUKE” (FLUKE Model 9500B User's Handbook – From Applicant IDS) in view of PICO.
Regarding Claim 1, FLUKE teaches a calibration instrument, comprising:
a user interface structured to receive an input of a waveform type (Page 49 section 4.3.3.3 teaches user selectable waveform types);
a waveform generator coupled to the user interface and structured to generate a calibration waveform based on the waveform type (Page 65 Section 4.6.1 teaches generating a sine wave when the sine function is selected); and
a plurality of output channels each structured to receive the calibration waveform and to generate a calibration signal (Page 57 section 4.5.3.7 teaches channels with selectable waveforms, the channels being connected to active heads for outputting signals (page 55 section 4.5.3.1)).
each of the plurality of output channels including an output amplifier operable to generate the calibration signal having an output amplitude level (Page 65 section 4.6.1 teaches generating a sine wave and section 4.6.4.2 teaches configurable voltage and frequency. Page 253 section 10.3.6.3 teaches using amplifiers to achieve the total span of a voltage range), and
an active head structured to specify the output amplitude level of the calibration signal to its respective output amplifier (Page 47 section 4.2.2 teaches the active heads contain circuitry that allow for variable amplitude).
FLUKE does not explicitly teach output channels independent from other output channels. However, PICO teaches output channels independent from other output channels (Page 29 section "Pos Out vs. Neg Out" teaches the amplitude may be controlled separately on each output). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the output channels of FLUKE to incorporate the independent control of PICO. A motivation for this modification is to allow the outputs to operate as entirely separate outputs as taught by PICO on page 29.
Regarding Claim 2, FLUKE further teaches the user interface is configured to accept a frequency parameter (Page 67 section 4.6.4.2 teaches adjusting a frequency parameter), and in which the waveform generator is structured to generate the calibration signal based on the waveform type and the frequency parameter (Page 65 section 4.6.1 teaches generating a sine wave and section 4.6.4.2 teaches configurable voltage and frequency).
Regarding Claim 3, FLUKE further teaches the user interface is configured to respectively receive the output amplitude levels for two or more of the plurality of output channels (Page 55 section 4.5.3 shows the user interface with selectable channels 1-5 with amplitude information displayed for the selected channel).
Regarding Claim 4, FLUKE further teaches the calibration instrument is structured to respectively communicate the output amplitude levels to their respective active heads in respective output channels of the two or more of the plurality of output channels (Page 55 section 4.5.3.1 teaches the channels output their respective signals and further teaches each channel leads to an active head, therefore the output is sent to an active head).
Regarding Claim 7, FLUKE further teaches the active head includes a set of switched attenuators (Page 47, Section 4.2.2.2 a-d teach switched attenuators), and the active head is structured to receive an attenuation level (Page 47, Section 4.2.2.2 d teaches receiving timing and level of signals which are passed via the switched attenuators).
Regarding Claim 8, the combination of FLUKE in view of PICO, as presented with respect to claim 1, teaches a splitter configured to distribute the calibration waveform to the output amplifier of each of the plurality of output channels (PICO - Page 45 section 5.1 shows diagram with a splitter (SRD Deskew) splitting a signal for the positive and negative outputs). These features are necessarily taught by the combination of claim 1.
Claims 9-10, 12-14, 18, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over PICO in view of FLUKE.
Regarding Claim 9, PICO teaches a calibration instrument, comprising:
a calibration signal generator (Page 4 section 1.1 teaches the PG900 series is a pulse generator for testing oscilloscopes and amplifiers);
a splitter coupled to the calibration signal generator and configured to generate a plurality of calibration signals (Page 45 section 5.1 shows diagram with a splitter (SRD Deskew) splitting a signal for the positive and negative outputs); and
a plurality of calibration output paths (Page 45 section 5.1 shows diagram with a plurality of output paths), each path including:
a channel amplifier for receiving one of the plurality of calibration signals from the splitter and generating an amplified calibration signal having an output amplitude level (Page 45 section 5.1 shows diagram with a pulse drive on each of the positive and negative outputs, Page 46 section 5.2 teaches the pulse drives control output amplitude).
PICO does not teach an active head structured to specify the output amplitude level of the amplified calibration signal to the channel amplifier. However, FLUKE teaches an active head structured to specify the output amplitude level of the amplified calibration signal to the channel amplifier (Page 47 section 4.2.2 teaches the active heads contain circuitry that allow for variable amplitude). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the instrument of PICO to incorporate the active head of FLUKE. A motivation for this modification is the active head allows the output of the calibration instrument to be routed to an input channel without intervening cables that can degrade the signal, as taught by FLUKE on page 47 section 4.2.2.
Regarding Claim 10, PICO further teaches each of the plurality of calibration output paths is configured to receive an independently specified output amplitude level (Page 29 section "Pos Out vs. Neg Out" teaches the amplitude may be controlled separately on each output).
Regarding Claim 12, the combination of PICO in view of FLUKE, as presented with respect to claim 9, teaches the active head includes a set of switched attenuators structured to control the output amplitude level (FLUKE - Page 47, Section 4.2.2.2 a-d teach switched attenuators | Page 47 Section 4.2.2.2 d teaches receiving timing and level of signals which are passed via the switched attenuators). These features are necessarily taught by the combination of claim 9.
Regarding Claim 13, PICO further teaches the set of switched attenuators is configured to be set independently from other sets of switched attenuators in other calibration output paths (Page 29 section "Pos Out vs. Neg Out" teaches the amplitude may be controlled separately on each output).
Regarding Claim 14, the combination of PICO in view of FLUKE, as presented with respect to claim 9, teaches a user interface structured to respectively accept the amplitude levels for the plurality of calibration output paths (PICO - Page 29 section 4.2 teaches a user interface and that the amplitude of two channels (Pos out and Neg out) may be controlled separately on each output), and in which the calibration instrument is configured to set respective output amplitude levels in respective active heads of the plurality of calibration output paths according to the accepted amplitude levels (FLUKE - Page 57 section 4.5.3.7 teaches channels with selectable waveforms, the channels being connected to active heads for outputting signals (page 55 section 4.5.3.1)). These features are necessarily taught by the combination of claim 9.
Regarding Claim 18, PICO does not teach generating an output calibration signal having an individually controllable amplitude comprises specifying an attenuation level to a set of switched attenuators in each of the two or more output paths. However, FLUKE teaches generating an output calibration signal having an individually controllable amplitude comprises specifying an attenuation level to a set of switched attenuators (Page 47, Section 4.2.2.2 a-d teach switched attenuators) in each of the two or more output paths (Page 47, Section 4.2.2.2 d teaches receiving timing and level of signals which are passed via the switched attenuators | section 4.2.2 teaches the active heads contain the attenuators and are therefore in the output path). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the method of PICO to include the attenuators of FLUKE. A motivation for this modification is to have pulses of very short rise and fall times with low distortion, as taught by FLUKE on page 47 section 4.2.2.
Regarding Claim 20, PICO does not teach accepting a calibration waveform type and a frequency, and in which generating a base calibration signal includes generating a base calibration signal based on the calibration waveform type and the frequency. However, FLUKE teaches accepting a calibration waveform type and a frequency, and in which generating a base calibration signal includes generating a base calibration signal based on the calibration waveform type and the frequency (Page 65 section 4.6.1 teaches generating a sine wave and section 4.6.4.2 teaches configurable voltage and frequency). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the method of PICO to incorporate the waveform types and frequency of FLUKE. A motivation for this modification is to allow a wide range of options with which to calibrate as taught by FLUKE on page 15 Section 1.2.2.
Claims 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over FLUKE in view of PICO in view of Tsuruta et al. (US-20250199105-A1).
Regarding Claim 5, FLUKE in view of PICO teaches the active heads. FLUKE in view of PICO does not explicitly teach an output amplitude level is set by an output of a digital to analog converter. However, Tsuruta teaches an output amplitude level is set by an output of a digital to analog converter (Para [0037] teaches a digital to analog converter that is adjusted to thereby adjust an output voltage value). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the outputs of the combination, to be set by the digital to analog converter of Tsuruta. A motivation for this modification is a DAC would be used when an analog system needs to be fed from a digital system.
Regarding Claim 6, the combination of FLUKE in view of PICO does not teach at least two respective outputs of respective digital to analog converters are set to different values. However, the subject matter of the claim relates to a manner of using the DAC, the claim does not specify what controls the DAC to output different values, and therefore does not carry patentable weight. From MPEP 2114 (II) "A claim containing a 'recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus' if the prior art apparatus teaches all the structural limitations of the claim."
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over PICO in view of FLUKE in view of Tsuruta.
Regarding Claim 11, the combination of PICO in view of FLUKE teaches the active heads. PICO in view of FLUKE does not teach a digital to analog converter configured to control the output amplitude level. However, Tsuruta teaches a digital to analog converter configured to control the output amplitude level (Para [0037] teaches a digital to analog converter that is adjusted to thereby adjust an output voltage value). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the active heads of the combination, to include the digital to analog converters to control the outputs as taught by Tsuruta. A motivation for this modification is a DAC would be used when an analog system needs to be fed from a digital system.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over PICO in view of Tsuruta.
Regarding Claim 17, PICO teaches individually controllable outputs in two or more output paths (PICO - Page 29 section "Pos Out vs. Neg Out" teaches the amplitude may be controlled separately on each output). The combination of PICO in view of FLUKE does not teach generating an output calibration signal having an individually controllable amplitude comprises setting a digital to analog converter. However, Tsuruta teaches generating an output calibration signal having an individually controllable amplitude comprises setting a digital to analog converter (Para [0037] teaches a digital to analog converter that is adjusted to thereby adjust an output voltage value). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the outputs of PICO, to be set by the digital to analog converter of Tsuruta. A motivation for this modification is a DAC would be used when an analog system needs to be fed from a digital system.
Allowable Subject Matter
Claim 19 is 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 19, the inclusion of the limitation “in each of the two or more output paths, creating a feedback loop between an amplifier and a head, in which the individually controllable amplitude is set by setting a parameter in the head.” It is specifically the inclusion of the individually controllable amplitude being controlled in the head. The controllable signal being controlled in the head being important as using the head allows for minimum distance between the calibration device signal and the device to be calibrated. The closest prior art found is FLUKE in view of PICO as referenced in the prior art rejection.
It is these features found in the claim, as they are claimed in the combination that has not been found, taught or suggested by the prior art of record, which makes this claim allowable over the prior art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEREMIAH J BARRON whose telephone number is (571)272-0902. The examiner can normally be reached M, T, Th, F 10:30-17:00 ET.
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, Lee 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.
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.
/JEREMIAH J BARRON/Examiner, Art Unit 2858
/DANIEL R MILLER/Primary Examiner, Art Unit 2858
