Ex Parte Chang et alDownload PDFPatent Trial and Appeal BoardMar 2, 201612844411 (P.T.A.B. Mar. 2, 2016) Copy Citation UNITED STA TES p A TENT AND TRADEMARK OFFICE APPLICATION NO. FILING DATE 12/844,411 07/27/2010 109673 7590 03/04/2016 McClure, Qualey & Rodack, LLP 3100 Interstate North Circle Suite 150 Atlanta, GA 30339 FIRST NAMED INVENTOR Liang-Cheng Chang UNITED STATES DEPARTMENT OF COMMERCE United States Patent and Trademark Office Address: COMMISSIONER FOR PATENTS P.O. Box 1450 Alexandria, Virginia 22313-1450 www .uspto.gov ATTORNEY DOCKET NO. CONFIRMATION NO. 251325-2551 8018 EXAMINER HAIDER, SYED ART UNIT PAPER NUMBER 2633 NOTIFICATION DATE DELIVERY MODE 03/04/2016 ELECTRONIC Please find below and/or attached an Office communication concerning this application or proceeding. The time period for reply, if any, is set in the attached communication. Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the following e-mail address( es): uspatents@mqrlaw.com dan.mcclure@mqrlaw.com gina.silverio@mqrlaw.com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD Ex parte LIANG-CHENG CHANG, MING-JE YANG, WEI-LUN WAN, JUIE-TING SUN, HONG-KAI HSU, and WEI-NING CHIEN Appeal2014-004275 Application 12/844,411 Technology Center 2600 Before THU A. DANG, NATHAN A. ENGELS, and LARRY HUME, Administrative Patent Judges. DANG, Administrative Patent Judge. DECISION ON APPEAL I. STATEMENT OF THE CASE Appellants appeal under 35 U.S.C. § 134(a) from the Examiner's Final Rejection of claims 1, 2, 4--7, 9 and 11-13. Claims 3, 8 and 10 are indicated as containing allowable subject matter. We have jurisdiction under 35 U.S.C. § 6(b). We affirm. Appeal2014-004275 Application 12/844,411 A. INVENTION According to Appellants, the claimed invention relates to a method "for controlling a main clock source shared between different wireless communications modules in a coordinated manner." (Spec. i-f 2). B. ILLUSTRATIVE CLAIM Claim 9 is exemplary: 9. A method executed by a wireless communications module for controlling a clock source shared with a wireless telephony communications module comprising: issuing, by the wireless communications module, an external interrupt (EINT) signal to the wireless telephony communications module for activating the clock source via the wireless telephony communications module; receiving, by the wireless communications module, a reference clock from the activated clock source; and synchronizing, by the wireless communications module, at least two internal devices thereof using the received reference clock· C. REJECTION The prior art relied upon by the Examiner in rejecting the claims on appeal is: Ananny Yuan Haartsen US 2009/0161806 Al US 2008/0001681 Al US 2010/0303185 Al Jun.25,2009 Jan. 3,2008 Dec. 2, 2010 Claims 9 and 11 stand rejected under 35 U.S.C. § 102(e) as being anticipated by Ananny. Final Act. 4. Claims 1, 2, 4, and 5 stand rejected under 35 U.S.C. § 103(a) as being unpatentable over Ananny. Final Act. 6. 2 Appeal2014-004275 Application 12/844,411 Claims 6 and 7 stand rejected under 35 U.S.C. § 103(a) as being unpatentable over Ananny and Yuan. Final Act. 9. Claims 12 and 13 stand rejected under 35 U.S.C. § 103(a) as being unpatentable over Ananny and Haartsen. Final Act. 11. II. ISSUES The principal issues before us are whether the Examiner erred in finding that Ananny discloses a method "for controlling a clock source shared with a wireless telephony communications module," which comprises "issuing ... an external interrupt (EINT) signal to the wireless telephony communications module for activating the clock source ... " and "synchronizing, by the wireless communications module, at least two internal devices thereof using the received reference clock" (claim 9, emphasis added). III. FINDINGS OF FACT The following Findings of Fact (FF) are shown by a preponderance of the evidence. Ananny 1. Ananny discloses calibrating the internal oscillator of a microcontroller (Abs.), wherein Figure 1 is reproduced below: 3 Appeal2014-004275 Application 12/844,411 102 lC-4 { '"""""""".:""""""'''"'""! r----------"'"' ________________ """'l ~ ~ ! third party d~vi~ l' ! aecEi:Ssory dt·wh:::~ ! . H2 ! ·~o ! .·· ·1'!4 I • .f .1]00 I _L I l~~~j __ IJ_ L ______ ,:----------,~ I l L ____________ J,~~~~~~n [' 111 .......................... ~ ................................................................................... ~ FIG .. 1 r. ~~~~~~~~~~~~~~~· .... ~~~~~~~~~~~~~v·····~ I porti:tb!~ ~!Mtrt:mJc l [ devlec l : l i 1 .. ~~-- Figure 1 shows an accessory device 104, a third party device 102, and a portable electronic device 106 in communication (FIG. 1). The accessory device 104 comprises microcontroller 110 which includes internal oscillator 111 (id., i-fi-132-33). Accessory device 104 may calibrate internal oscillator 111 via an external clock source, such as clock source 108 of third party device 102, from which it receives timing information (i-fi-f 31-33). Calibration of oscillator 111 is done when a request voltage is changed from voltage V1 to V2 (i-f 39) and an interrupt is generated (i-f 72). Once the request is received, third party device 102 begins sharing timing information 204 with accessory device 104 with which the internal clock 111 can be calibrated (i-f 40). 2. FIG. 3 shows accessory device 104 in more detail (i-f 45): 4 Appeal2014-004275 Application 12/844,411 fu~ffi ~ffy &vie!'.! FIG,3 Accessory device 300 can include microcontroller 312 (i-f 46), which operates based on an internal oscillator 311 (i-f 49). Internal oscillator 311 may be calibrated via timing information obtained from third party device 328 (i-f 49). 3. Information may be received and transferred over TX/RX lines 320 and 322 by microcontroller 312 from accessory device 300 to third party device 328 via port 306, or to portable electronic device 326 via port 304 (i-fi-f 47, 50). This information can be exchanged using a timing dependent protocol where the information data rate may be based on internal oscillator 311 of microcontroller 312 (i-f 51 ). 4. Ports 304 and 306 may be any suitable type of wired or wireless port (i-f 4 7). 5 Appeal2014-004275 Application 12/844,411 IV. ANALYSIS 35 u.s.c. § 102 Appellants contend the accessory device 104 shown in FIG. 1 of Ananny has its own clock source, oscillator 111, which is calibrated from the clock source 108, and thus, Ananny fails to disclose that "the clock source is ... shared by ... the 'telephony communications module'" (App. Br. 5-8). Appellants also contend that Ananny's "internal oscillator 311 that relies on another clock source external to the microcontroller for maintaining an accurate frequency," does not disclose that another clock source is activated (id.). Appellants also argue the Ananny disclosure fails to disclose the synchronization of multiple internal devices based on a shared clock source (App. Br. 9-10). Specifically, the synchronization settings discussed at i-f 34 of Ananny do not disclose the "synchronization of at least two internal devices ... using the received reference clock" (id.). We have considered all of Appellants' arguments and evidence presented. However, we disagree with Appellants' contentions regarding the Examiner's rejections of the claims. We find no error with the Examiner's broad but reasonable claim interpretation, and agree with the Examiner's findings that the claims are unpatentable over Ananny. As an initial matter, we must give the claims their broadest reasonable interpretation consistent with the Specification. See In re Morris, 127 F.3d 1048, 1054 (Fed. Cir. 1997). Ananny shows that internal oscillator 311 relies on another clock source external to microcontroller 312 to maintain an accurate frequency (FF 2). After performing a calibration, information may be exchanged over 6 Appeal2014-004275 Application 12/844,411 lines 320 and 322 using a timing dependent protocol where the data rate may be based on the calibrated internal oscillator (FF 3). Given these disclosures, clock source 108 is shared with microcontroller 312 and oscillator 311 of accessory device 104 (FF 1, 2). Once the oscillator 311 is calibrated using clock source 108, the oscillator is then used to regulate the timing by which data is transmitted via a plurality of wireless communications ports (FF 3). Although Appellants contend Ananny fails to disclose a single clock source shared with a wireless telephony communications module (App. Br. 5-8), we agree with the Examiner's broad but reasonable interpretation that the use of clock source 108 to perform the calibration is an example of sharing the clock source between the accessory device and the third party device (Ans. 2-3). That is, we find no error with the Examiner's broadest reasonable interpretation of claim 9, that clock source 108 is "shared" with accessory device 104, and indirectly "shared" with a plurality of wireless communications ports of the accessory device 104 (FF 1, 2), which may include a wireless telephony communications module (FF 4). In Ananny, the third party device 102 contains clock source 108 (FF 1 ). Upon request for timing information, the third party device begins transmitting the timing information 204 (id.). We also agree with the Examiner's finding that i-f 40 of Ananny discloses that "third party device ... may begin transmitting timing information 204" in response to receiving the request (Ans. 3). In particular, we do not find error in the Examiner's finding that this portion of Ananny discloses the "activation" of the shared clock source within the broad but reasonable interpretation of claim 9. We note that Appellants' Specification 7 Appeal2014-004275 Application 12/844,411 discusses the term "activation" by stating: "the wireless communications module 101 may send out an internal clock request to activate the clock source 104 to provide a reference clock" (Spec. i-f 36, emphasis added). Thus, we find the Examiner's broad but reasonable interpretation is consistent with Appellants' Specification which shows that the activation causes "the clock source 104 to provide a reference clock" in response to the request. Furthermore, Ananny discloses that a clock signal from oscillator 311 is transmitted at least among ports 304 and 306 of accessory device 300, such that the information data rate of the ports is based on the signal from the internal oscillator 311 (FF 3). The internal oscillator 311 is calibrated from clock source 108 and, as such, clock source 108 can be considered shared directly with internal oscillator 311 and indirectly with ports 304 and 306 (FF 1, 2) and the connected portable electronic device and third party device (FF 2). We find no error with the Examiner's finding that Ananny discloses the synchronization of accessory device 104 (including its internal devices) and portable electronic device 106 based on information received from third party device 102 (Ans. 4). In Ananny, the multiple internal devices (i.e., the ports 304, 306) of the accessory device 104 are therefore synchronized (FF 3) based on a shared clock source (i.e., internal oscillator 311, calibrated from clock source 108) based on this shared information (FF 1, 2). Accordingly, we find no error with the Examiner's finding that Ananny discloses a method for controlling a "shared" clock source, which comprises issuing an interrupt signal "for activating" and "synchronizing" at least two internal devices, as required by claim 9. 8 Appeal2014-004275 Application 12/844,411 As to dependent claim 11, Appellants argue paragraphs 66----67 of Ananny fail to disclose driving converted reference clock or clocks over a power level to the internal devices for synchronization therebetween (App. Br. 10-11). However, as the Examiner notes, Appellants' Specification does not provide a specific definition of "over a power level" (Ans. 7). Nevertheless, we find no error with the Examiner's reliance on at least i-f 39 of Ananny in support of the rejection of claim 9, from which claim 11 depends (Final Act. 4-6). In particular, Ananny discloses the use of multiple power levels to distinguish different types of communications (FF 1 ). More specifically, a first power level V1 is used when oscillator timing information is used as part of a data communications mode of operation (id.). As previously noted, in this mode, timing information from oscillator 311 is shared with at least ports 304 and 306 such that the timing of data transmission can be based thereon (FF 1, 3). Thus, we agree with the Examiner's finding that Ananny's oscillator timing information (clock information) is driven "over a power level," specifically V1 (FF 1). 35 u.s.c. § 103 At the outset, we note Appellants do not present arguments in the Appeal Brief directed to the Examiner's rejection of claims 6 and 7 over Ananny and Yuan under 35 U.S.C. § 103(a), or the Examiner's rejection of claims 12 and 13 over Ananny and Haartsen under 35 U.S.C. § 103(a). Accordingly, we sustain these rejection proforma. As for claim 1, Appellants argue the rejection of claim 1 under 35 U.S.C. § 103(a) over Ananny should be withdrawn for the same reasons argued in support of the withdrawal of the rejection of claim 9 under 35 U.S.C. § 102(e). Accordingly, we incorporate the foregoing analysis herein, 9 Appeal2014-004275 Application 12/844,411 and find that the rejection of claim 1 under 35 U.S.C. § 103(a) over Ananny is not in error. Appellants have not provided separate arguments with respect to claims 2, 4, and 5 rejected over Ananny, and thus, we also sustain the Examiner's rejection of these claims under 35 U.S.C. § 103(a). V. CONCLUSION AND DECISION We affirm the Examiner's rejection of claims 9 and 11 under 35 U.S.C. § 102(e), and the rejections of claims 1, 2, 4-7, 12 and 13 under 35 U.S.C. § 103(a). No time period for taking any subsequent action in connection with this appeal may be extended under 37 C.F.R. § 1.136(a)(l )(iv). AFFIRMED 10 Copy with citationCopy as parenthetical citation