Prosecution Insights
Last updated: October 02, 2026
Application No. 18/957,101

TEST AND/OR MEASUREMENT SYSTEM FOR TESTING A DEVICE-UNDER-TEST

Non-Final OA §102§103§112
Filed
Nov 22, 2024
Examiner
POTHEN, FEBA
Art Unit
2858
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Rohde & Schwarz GmbH & Co. KG
OA Round
1 (Non-Final)
81%
Grant Probability
Favorable
1-2
OA Rounds
9m
Est. Remaining
92%
With Interview

Examiner Intelligence

Grants 81% — above average
81%
Career Allowance Rate
527 granted / 650 resolved
+13.1% vs TC avg
Moderate +11% lift
Without
With
+11.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
24 currently pending
Career history
673
Total Applications
across all art units

Statute-Specific Performance

§101
2.7%
-37.3% vs TC avg
§103
56.6%
+16.6% vs TC avg
§102
20.6%
-19.4% vs TC avg
§112
17.0%
-23.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 650 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 . Information Disclosure Statement The information disclosure statement (IDS) submitted on 11/22/24 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. 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. Claim 19 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. Re claim 19, there is lack of antecedent basis for the term “the second power measurement unit”. 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. (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. Claim(s) 1-3, 19, 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kato et al., JP 2010147983 Regarding claim 1, Kato discloses a test and/or measurement system for testing a device-under-test, DUT, comprising: a first port and a second port, wherein the DUT is connectable between the first and the second port (Fig. 1; power amp 140 having two ports, input and output); a signal generator which is configured to generate a digital test signal (Fig. 1; signal generation unit 100); a digital-to-analog converter, DAC, which is configured to convert the digital test signal to an analog test signal (Fig.1; DAC 120 ); wherein the first port is configured to forward the analog test signal to the DUT, and wherein the second port is configured to receive an analog response signal from the DUT (as shown in fig. 1); an analog-to-digital converter, ADC, which is configured to convert the analog response signal to a digital response signal (Fig.1; adc 170); and a measurement device which is configured to compare the digital response signal to the digital test signal or to information about the digital test signal (Fig. 1; comparator 180); wherein the measurement device is configured to trigger an adaption of an amplitude of the digital test signal based on a result of said comparison (Fig. 1; comparator 180 to multiplication section 116 multiplies amplitude signals Ac). Regarding claim 2, Kato teaches further comprising: a first analog frontend which is connected between the DAC and the first port, and which is configured to amplify the analog test signal; and/or a second analog frontend which is connected between the second port and the ADC (Fig. 1; processing unit 130 and/or 160). Regarding claim 3, Kato teaches wherein the first analog frontend comprises at least one of the following devices: a mixer, and a filter; and/or wherein the second analog frontend comprises at least one of the following devices: an amplifier, an attenuator, and a mixer (Fig. 1; Lpf 131, mixer 135 and/or mixer 164, attenuator 162). Regarding claim 19, Kato teaches further comprising: a first digital signal processor, DSP, which is arranged between the signal generator and the DAC; and/or a second DSP which is arranged between the ADC and the second power measurement unit (Fig. 1; DPD 110). Regarding claim 20, Kato teaches wherein the signal generator is configured to generate the digital test signal in form of a modulated signal, such as a WiFi, an LTE or a new radio signal (fig. 1; modulated signal generator 100). 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. Claim 4, 12-14, 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kato et al., JP 2010147983 in view of Baker, US 9,483,372 Regarding claim 4, Kato does not explicitly teach wherein the measurement device comprises a first power measurement unit which is configured to measure a first power level of the digital test signal; and wherein the measurement device comprises a second power measurement unit which is configured to measure a second power level of the digital response signal. Baker teaches a measurement device comprising a power measurement unit configured to measure a power level of a digital test signal and a second power measurement unit which is configured to measure a second power level of the digital response signal (Fig. 2b; initial power level to sut; response of sut power level also measured). It would have been obvious to one of ordinary skill in the art before the filing date of the invention to incorporate the teaching of Baker into Kato for the benefit of dynamically adjusting the power level of the input signal. Regarding claim 12, Kato is silent in wherein the first and the second power measurement unit are each configured to continuously record sample values of the digital test signal and the digital response signal, wherein the first and the second power measurement unit are each configured to calculate the respective first and second power level based on N sample values. Baker teaches wherein the first and the second power measurement unit are each configured to continuously record sample values of the digital test signal and the digital response signal, wherein the first and the second power measurement unit are each configured to calculate the respective first and second power level based on N sample values (Fig. 2b; plurality of iterations of the measurement, 210). It would have been obvious to one of ordinary skill in the art before the filing date of the invention to incorporate the teaching of Baker into Kato for the benefit of dynamically adjusting the power level of the input signal. Regarding claim 13, Baker teaches wherein the first power measurement unit and the second power measurement unit are each configured to repeat the calculation of the respective first and second power level after each N sample values with N new sample values (Fig. 2b). It would have been obvious to one of ordinary skill in the art before the filing date of the invention to incorporate the teaching of Baker into Kato for the benefit of dynamically adjusting the power level of the input signal. Regarding claim 14, Baker teaches wherein the first power measurement unit and the second power measurement unit are each configured to adapt the calculated first and second power level based on the latest M recorded sample values (Fig. 2b). It would have been obvious to one of ordinary skill in the art before the filing date of the invention to incorporate the teaching of Baker into Kato for the benefit of dynamically adjusting the power level of the input signal. Regarding claim 18, Kato is silent in wherein the measurement device is a field programmable gate array, FPGA. Baker teaches wherein a measurement device is a field programmable gate array, FPGA (Col. 4 lines 20-25). It would have been obvious to one of ordinary skill in the art before the filing date of the invention to incorporate the teaching of Baker into Kato since the substitution of the programmable hardware would produce the predictable result of performing logic operations. Claim(s) 5, 8, 9-11, 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kato et al., JP 2010147983 in view of Baker, US 9,483,372 in view of Humpherys, US 5656929 Regarding claim 5, Kato is silent in wherein the second power measurement unit is configured to perform the measurement of the second power level offset by a delay time to the measurement of the first power level by the first power measurement unit measuring. Humpherys teaches a power measurement unit is configured to perform measurement of a second power level offset by a delay time to the measurement of a first power level (Fig. 1; RF power measurement having delay 27). It would have been obvious to one of ordinary skill in the art before the filing date of the invention to incorporate the teaching of Humphreys into Kato as modified for the benefit of compensating for a delay in a signal to achieve desired timing relationship. Regarding claim 8, Kato is silent in wherein the measurement device comprises a comparison unit, wherein the comparison unit is configured to receive the first and the second power level from the first and the second power measurement unit, respectively; wherein the comparison unit is configured to determine a difference between the first and the second power level. Humphreys teaches comparison unit is configured to receive the first and the second power level from the first and the second power measurement unit, respectively; wherein the comparison unit is configured to determine a difference between the first and the second power level (Fig. 1; Col. 2 lines 30- Col. 3 lines 5; RF detector 7 determined difference in power level of RF IN and comparison RF IN). It would have been obvious to one of ordinary skill in the art before the filing date of the invention to incorporate the teaching of Humphreys into Kato as modified for the benefit of performing accurate power measurements over a wide range of power levels. Regarding claim 9-11, Kato is silent in wherein a control unit which is configured receive the difference between the first and the second power level and to adapt the amplitude of the digital test signal based on said difference, until said difference deviates from an expected difference by less than a threshold value for at least a predetermined amount of time. Humphreys teaches herein a control unit which is configured receive the difference between the first and the second power level, until said difference deviates from an expected difference by less than a threshold value for at least a predetermined amount of time (Fig. 1; Col. 2 lines 30- Col. 3 lines 50; Col. 5 lines 30-45; RF detector 7 detects difference between two power levels and adjusts the comparison signal until the two signals are equal to each other ). It would have been obvious to one of ordinary skill in the art before the filing date of the invention to incorporate the teaching of Humphreys into Kato as modified for the benefit of of performing accurate power measurements over a wide range of power levels. Regarding claim 15, Baker teaches wherein the comparison unit is configured to subsequently determine the difference between the first and the second power level every time a new first and/or second power level is calculated (Fig. 2b). It would have been obvious to one of ordinary skill in the art before the filing date of the invention to incorporate the teaching of Baker into Kato for the benefit of dynamically adjusting the power level of the input signal. Claim(s) 16, 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kato et al., JP 2010147983 in view of Baker, US 9,483,372 in view of Humpherys, US 5656929 in view of Nam, US 20050239420 Regarding claim 16, Kato as modified is silent in wherein the first power measurement unit and the second power measurement unit are configured to calculate the first and the second power level in the logarithmic scale, and wherein the comparison unit is configured to calculate the difference between the first and the second power level in the logarithmic scale. Nam teaches a measurement unit configured to calculate a signal in the logarithmic scale (Fig. 3; log detector 40). It would have been obvious to one of ordinary skill in the art before the filing date of the invention to incorporate the teaching of Nam into Kato for the benefit of providing an RF output. Regarding claim 17, Kato as modified is silent in wherein the control unit is configured to receive the difference between the first and the second power level in the logarithmic; wherein an output of the control unit is transformed from the logarithmic scale to the linear scale. Nam teaches a measurement unit configured to calculate a signal in the logarithmic scale (Fig. 3; log detector 40). It would have been obvious to one of ordinary skill in the art before the filing date of the invention to incorporate the teaching of Nam into Kato for the benefit of providing an RF output. Allowable Subject Matter Claim 6, 7 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, prior art does not disclose or suggest: “wherein the delay time is based on a time difference between the measurement of a section in the digital test signal by the first power measurement unit and the measurement of the corresponding section in the digital response signal by the second power measurement unit” in combination with all the limitations of claim 6. Regarding claim 7, prior art does not disclose or suggest: “a sync line which is connected to a respective sync port of the first and the second power measurement unit, wherein the first power measurement unit is configured to measure the first power level upon receiving a sync signal at its sync port and the second power measurement unit is configured to measure the second power level upon receiving the sync signal at its sync port; wherein a delay unit is arranged in the sync line in front of the second power measurement unit” in combination with all the limitations of claim 7. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FEBA POTHEN whose telephone number is (571)272-9219. The examiner can normally be reached 8:30-5:00 PM. 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, Judy Nguyen can be reached on 571.272.2258. 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. /FEBA POTHEN/Examiner, Art Unit 2858
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Prosecution Timeline

Nov 22, 2024
Application Filed
Aug 11, 2026
Non-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

1-2
Expected OA Rounds
81%
Grant Probability
92%
With Interview (+11.2%)
2y 7m (~9m remaining)
Median Time to Grant
Low
PTA Risk
Based on 650 resolved cases by this examiner. Grant probability derived from career allowance rate.

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