Ex Parte Chng et alDownload PDFBoard of Patent Appeals and InterferencesMar 28, 201210973485 (B.P.A.I. Mar. 28, 2012) Copy Citation UNITED STATES PATENT AND TRADEMARK OFFICE 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 APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO. 10/973,485 10/26/2004 YongPeng Chng S01.12-1054/STL 11808 1962 27365 7590 03/29/2012 SEAGATE TECHNOLOGY LLC C/O WESTMAN, CHAMPLIN & KELLY, P.A. SUITE 1400 900 SECOND AVENUE SOUTH MINNEAPOLIS, MN 55402-3244 EXAMINER CHOE, YONG J ART UNIT PAPER NUMBER 2185 MAIL DATE DELIVERY MODE 03/29/2012 PAPER 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. PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE ____________________ BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES ____________________ Ex parte YONGPENG CHNG, LIANYONG TAN, YAMPHENG THAM, HUAYUAN CHEN, and WESLEY WINGHUNG CHAN ____________________ Appeal 2009-012899 Application No. 10/973,4851 Technology Center 2100 ____________________ Before MURRIEL E. CRAWFORD, MARC S. HOFF, and CARLA M. KRIVAK , Administrative Patent Judges. HOFF, Administrative Patent Judge. DECISION ON APPEAL STATEMENT OF THE CASE Appellants appeal under 35 U.S.C. § 134 from a Final Rejection of claims 1-21.2 We have jurisdiction under 35 U.S.C. § 6(b). 1 The real party in interest is Seagate Technology LLC. 2 The Examiner has withdrawn the § 112 rejection of claims 1, 13, and 17. Appeal 2009-012899 Application 10/973,485 2 We affirm-in-part. Appellants’ invention concerns partition selection circuitry configured to selectably provide individual access to multiples ones of a plurality of partitions of a data storage component by a host device without multiple partition support. The partition selection circuitry uses a logical block addressing (LBA) address generated by the host device, and an operating mode indicator indicative of a particular partition, to allow the partitions of the data storage component to be accessed by the host device without multiple partition support (Spec. 2). Claim 1 is exemplary of the claims on appeal: 1. An apparatus comprising: a data storage component configured to provide a plurality of partitions; and partition selection circuitry configured to selectably provide individual access to multiple ones of the plurality of partitions of the data storage component by a host device without multiple partition support. The Examiner relies upon the following prior art in rejecting the claims on appeal: Weber US Pat. Pub. 2004/0044871 March 4, 2004 Neuman US Pat. Pub. 2005/0027978 Feb. 3, 2005 Claims 1-10 and 13-21 stand rejected under 35 U.S.C. § 102(b) as being anticipated by Weber. Claims 11 and 12 stand rejected under 35 U.S.C. § 103(a) as being unpatentable over Weber in view of Neuman. Appeal 2009-012899 Application 10/973,485 3 Throughout this decision, we make reference to the Appeal Brief (“App. Br.,” filed Dec. 9, 2009) and the Examiner’s Answer (“Ans.,” mailed March 6, 2009) for their respective details. ISSUES Appellants argue that the Examiner erred in rejecting claims 1-10 and 13-21 as being anticipated by Weber. Appellants assert that Weber contains no teaching that host system 106 is incapable, absent the use of interface controller 102, of accessing multiple partitions of a storage element (App. Br. 13). With respect to claim 2, Appellants argue that Weber does not teach that a plurality of portions of a data storage component share the same LBA address space (App. Br. 14). With respect to claims 3 and 14, Appellants contend that Weber does not teach a switch configured to selectably provide individual access to multiple partitions as a function of a mode indicator (App. Br. 15). With respect to claims 8 and 15, Appellants argue that Weber does not teach an address translation engine configured to translate a partition number and an LBA address generated by the host device into a native LBA address (App. Br. 15). With respect to claim 17, Appellants argue that Weber does not teach accessing a data storage component having a plurality of partitions, using the host device which does not support multiple partitions, as a function of the generated LBA address and operating mode (App. Br. 15-16). Appellants’ contentions present us with the following issues: Appeal 2009-012899 Application 10/973,485 4 1. Does Weber teach partition selection circuitry selectably providing individual access to multiple partitions of a data storage component by a host device which does not support multiple partitions? 2. Does Weber teach that a plurality of portions of a data storage component share the same LBA address space? 3. Does Weber teach a switch configured to selectably provide individual access to multiple partitions as a function of a mode indicator? 4. Does Weber teach an address translation engine configured to translate a partition number and an LBA address generated by the host device into a native LBA address? 5. Does Weber teach accessing a data storage component having a plurality of partitions, using the host device which does not support multiple partitions, as a function of the generated LBA address and operating mode? PRINCIPLES OF LAW “A rejection for anticipation under section 102 requires that each and every limitation of the claimed invention be disclosed in a single prior art reference.” See In re Buszard, 504 F.3d 1364, 1366 (Fed. Cir. 2007) (quoting In re Paulsen, 30 F.3d 1475, 1478-79 (Fed. Cir. 1994)). ANALYSIS CLAIMS 1, 9, 10, 13, AND 16 We select claim 1 as representative of this group of claims, pursuant to our authority under 37 C.F.R. § 41.37(c)(1)(vii). We are not persuaded by Appellants’ argument, summarized supra, that Weber lacks a teaching that the host device does not support multiple partitions (App. Br. 13). We agree with the Examiner’s finding that Weber’s Appeal 2009-012899 Application 10/973,485 5 host systems 106, 108 are not able to access multiple partitions without interface controller 102 (Ans. 8-9; Weber Fig. 1). Appellants state in further support of their argument that Weber teaches that the storage partitions of one or more storage elements are mapped into merged partitions (App. Br. 13-14). We note, however, that Figure 2 of Weber illustrates that host systems 206, 208 are not able to access these merged partitions without the mapping, from partitions to multiple storage devices, provided in interface controller 202. We find that the Examiner did not err in rejecting claims 1, 9, 10, 13, and 16 under § 102. We will sustain the Examiner’s rejections. CLAIMS 2-8, 14, 15, AND 17-21 We do not agree with the Examiner’s finding that Weber teaches all the limitations of claims 2-8, 14, 15, and 17-21. In particular, we do not agree with the Examiner’s finding that Weber (¶ [0033]) teaches the LBA features recited in the dependent claims (see Ans. 9-12). We agree with Appellants that Weber does not teach (a) a plurality of portions of a data storage component sharing the same LBA address space; (b) a switch configured to selectable provide individual access to multiple partitions as a function of a mode indicator; (c) an address translation engine configured to translate a partition number and an LBA address generated by the host device into a native LBA address; or (d) accessing a data storage component having a plurality of partitions, using the host device which does not support multiple partitions, as a function of the generated LBA address and operating mode (see App. Br. 14-16). We find that the Examiner erred in rejecting claims 2-8, 14, 15, and 17-21 under § 102. We will not sustain the rejection. Appeal 2009-012899 Application 10/973,485 6 CLAIMS 11 AND 12 Appellants’ sole argument with respect to these claims is that Neuman does not cure the deficiencies of Weber (App. Br. 16). Because we find that the Examiner did not err in rejecting independent claim 1 as being anticipated by Weber, we also find that the Examiner did not err in rejecting dependent claims 11 and 12 under § 103 as being unpatentable over Weber in view of Neuman, for the same reasons. We will sustain the Examiner’s rejection. CONCLUSIONS 1. Weber teaches partition selection circuitry selectably providing individual access to multiple partitions of a data storage component by a host device which does not support multiple partitions. 2. Weber does not teach that a plurality of portions of a data storage component share the same LBA address space. 3. Weber does not teach a switch configured to selectable provide individual access to multiple partitions as a function of a mode indicator. 4. Weber does not teach an address translation engine configured to translate a partition number and an LBA address generated by the host device into a native LBA address. 5. Weber does not teach accessing a data storage component having a plurality of partitions, using the host device which does not support multiple partitions, as a function of the generated LBA address and operating mode. ORDER The Examiner’s rejection of claims 1, 9-13, and 16 is affirmed. Appeal 2009-012899 Application 10/973,485 7 The Examiner’s rejection of claims 2-8, 14, 15, and 17-21 is reversed. No time period for taking any subsequent action in connection with this appeal may be extended under 37 C.F.R. § 1.136(a)(1)(iv). AFFIRMED-IN-PART tkl Copy with citationCopy as parenthetical citation