12436683 (P.T.A.B. Jan. 28, 2016)

Ex Parte Hollis

Patent Trial and Appeal BoardJan 28, 2016

12436683 (P.T.A.B. Jan. 28, 2016)

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. 12/436,683 05/06/2009 Timothy M. Hollis 2008-0638(MICS:0302)MAN 5902 52142 7590 01/28/2016 FLETCHER YODER (MICRON TECHNOLOGY, INC.) P.O. BOX 692289 HOUSTON, TX 77269-2289 EXAMINER LO, CHRISTOPHER KWOK YEUNG ART UNIT PAPER NUMBER 2844 MAIL DATE DELIVERY MODE 01/28/2016 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 PATENT TRIAL AND APPEAL BOARD ____________ Ex parte TIMOTHY M. HOLLIS ____________ Appeal 2014–00558 Application 12/436,683 Technology Center 2800 ____________ Before ADRIENE LEPIANE HANLON, BEVERLY A. FRANKLIN, and JEFFREY W. ABRAHAM, Administrative Patent Judges. FRANKLIN, Administrative Patent Judge. DECISION ON APPEAL Appellant seeks our review under 35 U.S.C. § 134 of the Examiner’s decision rejecting claims 1–24. We have jurisdiction over the appeal under 35 U.S.C. § 6(b). Appeal 2014-000558 Application 12/436,683 2 STATEMENT OF THE CASE Claim 1 is illustrative of Appellants’ subject matter on appeal and is set forth below (with text in bold for emphasis): 1. A memory device, comprising: an on-die termination circuit (ODT); and a reference voltage circuit, wherein the reference voltage circuit tracks changes in supply voltage and temperature substantially the same as the on-die termination circuit to produce a variable reference voltage. The Examiner relies on the following prior art references as evidence of unpatentability: Chang US 2007/0103189 A1 May 10, 2007 THE REJECTION Claims 1–24 are rejected under 35 USC §102(b) as being anticipated by Chang. ANALYSIS The issue in this case involves the meaning of the claim term a variable “reference voltage” within the context of a reference voltage circuit as recited in the claims, and whether or not this claim element has been adequately addressed in the anticipation rejection. It is the Examiner’s position that: Appeal 2014-000558 Application 12/436,683 3 Chang discloses a memory device (Fig. 2 and paragraph [0008]), comprising: an on-die termination circuit (ODT) (Fig. 3 shows an ODT circuit 1110); and a reference voltage circuit, wherein the reference voltage circuit tracks changes in supply voltage and temperature substantially the same as the on-die termination circuit to produce a variable reference voltage (Figs. 2 and 5 show a reference voltage circuit 1220 that generates an output signal CONPi according to a variation of a power supply voltage and temperature [paragraph 0071] which is tracked by an input line L1; Fig. 3 further shows the ODT circuit outputting an impedance signal ODT01 that is adjusted according to the variation of the power supply voltage and temperature that is sensed and tracked by the input line L1; [para. 0067] where signal CONNi is variable in response to the variation of PVT). Final Act. 2. On the other hand, it is Appellant’s position that: [a]s commonly used in the art, a reference voltage denotes a voltage used to compare with another voltage (e.g., input voltage) to achieve a desired effect on an output voltage. See, e.g., Brenda Whelan, How to Choose a Voltage Reference, Linear Technology Magazine, March 2009, at p. 14, para. 1, available at http://cds.Linear. com/docs/LT%20Journal/LTMag-V19N1-03-References- BrendanWhelan.pdf. With this in mind, Chang does not teach or suggest producing a variable reference voltage as recited in claims 1, 10, 11, 17, and 20. Instead, Chang generally discloses using control signals to drive an on-die termination (ODT) circuit. Specifically, Chang discloses a self-control unit 1220 creating two control signals (CONPi and CONNi) in response to changes in the self-control unit 1220. The termination impedance control circuit 1200 then multiplexes these control signals with a mode register set signal (MRSi) to produce multiplexed control signals (ICONPi and ICONNi). See Chang FIGS. 3 and 4, paras. 56-67. The multiplexed control signals are then used to toggle transistors in an ODT circuit 1110 (e.g., ICONPi controls PMOS transistors in the ODT circuit and Appeal 2014-000558 Application 12/436,683 4 ICONNi controlling NMOS transistors). See id., at FIGS. 3, 5 and 7, paras. 61-71, and 85-91. Specifically, each control signal contains a sequence of logic highs or logic lows for each of the transistors according to the combination of the set mode and control signals CONPi or CONNi. See id., at FIG. 5, paras. 88-92. Appeal Br. 8–9. In response, the Examiner states that element 1220 of Chang includes a reference voltage circuit 1221 that generates a variable reference voltage signal CONPi in response to the on/off operation of MOS transistors in the reference voltage circuit 1221. Ans. 4. The Examiner states that Chang teaches how element 1222 generates a variable reference voltage CONPi that is multiplexed by MUX 1230 and applied to an ODT circuit 1110. The Examiner states that one skilled in the art would have recognized that the variable reference voltage signal CONPi contains the resistance strength of the output impedance, and is further used as a reference point for the ODT circuit 1110 (Fig. 3 of Chang), in order to maintain proper termination impedance in the semiconductor memory device (Fig. 2 of Chang). Ans. 4. The Examiner defines a “reference voltage circuit” as an element that outputs a known potential for as long as a circuit requires it. Ans. 4–5. The Examiner then states that the potential is a “variable” reference voltage as required by Appellants’ claims. Id. The Examiner states that according to Figure 7 and paragraph 0029-0030 of Appellant’s disclosure, the reference voltage is variable in accordance with the on/off of MOS transistor legs. The Examiner states that similarly, the reference voltage circuit 1221 of Chang also includes MOS transistor legs MP21-23 that are controlled by an output signal of up/down counter 12254. The Examiner states that a selected Appeal 2014-000558 Application 12/436,683 5 number of on/off MOS transistor legs MP21-23 dictates a voltage level of the variable reference voltage CONPi to the ODT circuit 1110, such that the desired output impedance is generated. Ans. 4–5. In the Reply Brief, Appellant reiterates that the meaning of a variable “reference voltage” is a voltage to which other voltages are compared. Reply Br. 2. Appellant also reiterates how the control signal of Chang cannot be equated with a variable reference voltage. Reply Br. 3–4. Appellant explains: Chang teaches that the CONPi signal contains either a logic high or a logic low and is used to toggle connection of PMOS transistors CONP1-CONPn in the self-control circuit 1221. See Chang, para. 71 and 101; FIG. 5. Furthermore, Appellant notes that the CONPi signal does not appear to be compared to any other voltage for a comparison as would be expected of a reference voltage. See id. Instead, Chang discloses the CONPi signal is used to control the connection of resistors within the self-control circuit 1221 as a result of a comparison of a pad voltage to a reference voltage (VREF). See id. In fact, Chang's use of VREF in FIG. 5 illustrates an awareness of the plain meaning of the term reference voltage to be consistent with Appellant’s foregoing definition inconsistent with the Examiner's repeated attempts to construe the CONPi signal as a reference voltage. See id. At most, Chang discloses that the CONPi signal may be created by a comparison with a reference voltage. See id. Since the CONPi signal is solely used to switch transistor states according to a logic high or logic low or multiplexed to create further control signals, the CONPi signal cannot be reasonable construed to ever be compared to any other voltage. See id. Thus, Appellant asserts that the CONPi signal does not satisfy the ordinary and plain meaning of a reference voltage. Accordingly, Appellant respectfully asserts that the CONPi signal cannot be equivalent to the variable reference voltage of the claims. Reply Br. 3. Appeal 2014-000558 Application 12/436,683 6 Appellant also reiterates the meaning of the claim term variable “reference voltage”: Appellant's specification and the ordinary and plain meaning of the claim term “variable reference voltage” clearly indicate that the reference voltage is compared to another voltage using a comparison circuit (e.g., data latch 94). See Application, para. 36; FIGS. 6 and 8. Specifically, the specification generally discloses a memory device 56 that includes an on-die termination circuit 62 and a reference voltage circuit 64. See id., paras. 23; FIG. 4. The reference voltage circuit tracks changes in a supply voltage and a temperature substantially the same as the on-die termination circuit to produce a variable reference voltage 92 that is compared with an ODT output 90 and an incoming signal trace signal 88 to produce an incoming signal trace capture signal 96. See id., paras. 29, 33, 35, and 36; FIGS. 7 and 8. Reply Br. 3. We agree with Appellant that a variable “reference voltage” can be properly interpreted as meaning one that is compared with other voltage(s), based upon Appellants’ stated position in the record, discussed supra. As stated, supra, the Examiner opines a meaning for the term “reference voltage circuit” (Ans. 4)1, and then states that the potential is a “variable” reference voltage as required by Appellant’s claims (Ans. 4–5). Notably, however, in so doing, the Examiner does not refer to the Specification or extrinsic evidence to support this stated claim interpretation regarding the specific 1 The meaning that the Examiner gives is that “a reference voltage circuit” is generally an element that outputs a known potential for as long as a circuit requires it. Ans. 4. Appeal 2014-000558 Application 12/436,683 7 term variable “reference voltage.”2 On the other hand, Appellant refers to both the Specification and extrinsic evidence in support of Appellant’s claim interpretation. Because the Examiner has not adequately interpreted the claims in this regard, an element of the claims has not been properly addressed in the rejection. According to Appellant, the CONPi signal of Chang that is generated “does not appear to be compared to any other voltage for a comparison.” Reply Br. 3. The Examiner has not made a finding that in fact the CONPi signal of Chang that is generated is compared to any other voltage for a comparison because the Examiner believes this is not required by the claims, and thus has not adequately addressed an element of the claims. In view of the above, we reverse the anticipation rejection. ORDER REVERSED sl 2 As stated, supra, the Examiner does refer to the Specification in an effort to interpret the meaning of “variable” by stating that according to Figure 7 and paragraph 0029-0030 of Appellant's disclosure, the reference voltage is variable in accordance with the on/off of MOS transistor legs, but does not adequately refer to the Specification regarding the term variable “reference voltage.” Ans. 4–5.