Ex Parte Lee

Board of Patent Appeals and Interferences

Aug 21, 2009

10378008 (B.P.A.I. Aug. 21, 2009)

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________

Ex parte MIN-UNG LEE
____________

Appeal 2008-004632
Application 10/378,008
Technology Center 2100
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Decided: August 24, 2009
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Before JOHN C. MARTIN, HOWARD B. BLANKENSHIP, and JAY P.
LUCAS, Administrative Patent Judges.

BLANKENSHIP, Administrative Patent Judge.

DECISION ON APPEAL

Appeal 2008-004632
Application 10/378,008
STATEMENT OF THE CASE
This is an appeal under 35 U.S.C. § 134(a) from the Examiner’s final
rejection of claims 1 and 2, which are all of the pending claims in this
application. We have jurisdiction under 35 U.S.C. § 6(b).
We affirm.

Invention
Appellant’s invention relates to a method for shortening a booting
time of digital equipment having a flash memory. When digital equipment
is powered on, a master file directory representing file information of user
data and a sector state table representing a sector state of the flash memory
are created with reference to each header of a plurality of file system blocks
stored in a user data area. The master file directory and the sector state table
are updated according to a modification made to the user data. When the
digital equipment is powered off, the updated master file directory and
sector state table are stored a reserved area. Then, the master file directory
and the sector state table stored in the reserved area are loaded to the RAM
when the digital equipment is powered on. (Abstract).

Representative Claim
1. A method for shortening a booting time of digital
equipment having a flash memory divided into a user data area
and a reserved area and a RAM, the method comprising the
steps of

creating a master file directory representing file
information of user data and a sector state table representing a
sector state of the flash memory with reference to each
header of a plurality of file system blocks stored in the user data
area when a digital equipment is powered on;
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updating the master file directory and the sector state
table according to one or more modifications made to the user
data;

storing the updated master file directory and sector state
table in the reserved area when the digital equipment is
powered off;

determining whether a power supply for supplying power
to the digital equipment was disconnected for a predetermined
period of time; and

loading the master file directory and the sector state table
stored in the reserved area to the RAM when the digital
equipment is powered on.

Prior Art
Stein 6,636,963 Oct. 21, 2003
Jang 5,406,275 Apr. 11, 1995

Examiner’s Rejections
Claims 1 and 2 stand rejected under 35 U.S.C. § 103(a) as being
unpatentable over Appellant’s admitted prior art (AAPA), Stein, and Jang.

Claim Groupings
Based on Appellant’s arguments in the Appeal Brief, we will decide
the appeal on the basis of claim 1. See 37 C.F.R. § 41.37(c)(1)(vii).

ISSUE
Has Appellant shown that the Examiner erred in finding that the
combination of Appellant’s admitted prior art, Stein, and Jang teaches the
invention of claim 1?
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Application 10/378,008

FINDINGS OF FACT
Appellant’s Admitted Prior Art
1. AAPA teaches that user data stored in the user data area of the
flash memory is managed by using an EFS (embedded file system), which
processes the user data in a file unit. The EFS creates a master file directory
representing file information regarding user data and a sector state table
representing the state of the sectors in the RAM whenever the mobile
communication system is booted. The master file directory is created in the
RAM with reference to each header of the information. As shown in Fig. 3,
the master file directory includes various file information. In addition,
whenever the user data (data files) are updated, the corresponding file
information in the master file directory is updated and the sector state table
representing the state of sectors is also updated. The sector state table,
which is updated simultaneously with the master file directory, represents
the present state of all sectors in user data area including the state of the free
block, the in-use block, and the obsolete block. (Figs. 3 and 4; Spec. 2:28-
3:27).
2. As shown in Fig. 1, a mobile communication terminal has two
flash memories including a 32*32 memory 110 and a 16*16 memory 150.
The 16*16 memory 150 includes a reserved area (23 sector-38 sector) 126.
(Fig. 1; Spec. 2:4-15).
Stein
3. Stein teaches a system and method for enabling a computer to
transition quickly to a target state without going through a lengthy boot
process. The target state is a booted operational state in which the operating
system is in control of system resources, and application programs are either
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Application 10/378,008
loaded in memory or available for loading from a storage medium by the
operating system. An image of the target state is captured and saved in a
nonvolatile image storage medium. The image of the target state includes
the contents of volatile dynamic random access memory (DRAM) and the
values stored in processor registers when the system is in the target state. In
one embodiment, a restore routine contained in a nonvolatile memory is
executed upon power-up of the system. Stein Title; col. 1, l. 48 to col. 2,
l. 7.
4. Stein also teaches that the image storage medium is a
nonvolatile memory or storage device such as an electrically erasable
programmable read-only memory (EEPROM, a.k.a. flash ROM) (col. 2, ll.
54-58).
5. Stein teaches “storing” the booted operational state in the
nonvolatile memory when the digital equipment is powered off (Abstract;
col. 6, ll. 29-46).
Jang
6. Jang teaches that the backed-up time is increased by the
predetermined time interval to compensate for the time the controller did not
receive power because, for example, the battery 300 was being replaced. A
good estimate of the predetermined time interval would be sixty seconds,
which would provide a user with adequate time to replace the battery. If,
however, the back-up time is a result of an intermittent power loss to the
controller due to the driving of the buzzer, for example, then a much smaller
predetermined time interval would be appropriate. Col. 6, ll. 12-22.

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PRINCIPLES OF LAW
Claim Interpretation
During examination, claims are to be given their broadest reasonable
interpretation consistent with the specification, and the language should be
read in light of the specification as it would be interpreted by one of ordinary
skill in the art. In re Amer. Acad. of Sci. Tech Ctr., 367 F.3d 1359, 1364
(Fed. Cir. 2004) (citations omitted). The Office must apply the broadest
reasonable meaning to the claim language, taking into account any
definitions presented in the specification. Id. (citing In re Bass, 314 F.3d
575, 577 (Fed. Cir. 2002)).
Obviousness
The question of obviousness is resolved on the basis of underlying
factual determinations including (1) the scope and content of the prior art,
(2) any differences between the claimed subject matter and the prior art, and
(3) the level of skill in the art. Graham v. John Deere Co., 383 U.S. 1, 17
(1966). “The combination of familiar elements according to known methods
is likely to be obvious when it does no more than yield predictable results.”
KSR Int’l Co. v. Teleflex, Inc., 550 U.S. 398, 416 (2007).

ANALYSIS
Appellant contends that the combination of AAPA, Stein, and Jang
fails to teach or suggest storing the updated master file directory and sector
state table in the reserved area when the digital equipment is powered off
(App. Br. 8).
AAPA teaches an updated master file directory and a sector state table
(FF 1), in addition to a reserved area in flash memory (FF 2). Stein teaches
a method for shortening a booting time by storing a target state memory
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image and a target state data structure in a nonvolatile memory (FF 3) such
as a flash ROM (FF 4). The Examiner finds that a person of ordinary skill in
the art at the time of invention would store the master file directory and
sector state table of AAPA in the reserved area of flash memory for the
benefit of improving the boot time as taught by Stein (Ans. 4).
We agree with the Examiner. Stein teaches that the benefits of storing
a booted operational state in a nonvolatile flash memory include a faster
boot time (FF 3-4).
Appellant also alleges that the combination of the AAPA and Stein is
based on impermissible hindsight (Reply Br. 6-8). However, we find this
allegation unpersuasive in light of the benefits of storing the booted
operational state in a flash memory as taught by Stein.
Appellant further argues that Stein does not teach running the image
saving routing when the digital equipment is powered off (App. Br. 9).
However, claim 1 does not recite running an image saving routine when the
digital equipment is powered off. Claim 1 recites “storing the updated
master file directory and sector state table in the reserved area when the
digital equipment is powered off.” Stein teaches storing the booted
operational state in the nonvolatile memory when the digital equipment is
powered off (FF 5).
Appellant also argues that the data of Stein is stored or captured when
the digital equipment is powered on, not when the equipment is powered off
(Reply Br. 5-6). However, the claim does not require capturing data when
the equipment is powered off. The claim requires storing data when the
equipment is powered off. The flash memory of Stein stores data when the
equipment is powered off (FF 5).
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Appellant contends that Stein does not teach a reserved area of flash
memory (App. Br. 9; Reply Br. 6). However, AAPA teaches the reserved
area of flash memory (FF 2). One of ordinary skill in the art, having
knowledge of the benefits of storing a booted operational state in a flash
memory as taught by Stein, would have stored the updated master file
directory and sector state table of AAPA in the reserved area of the flash
memory.
Appellant contends that the combination of AAPA, Stein, and Jang
fails to teach or suggest determining whether a power supply for supplying
power to the digital equipment was disconnected for a predetermined period
of time (App. Br. 9-10). Contrary to Appellant’s contention, Jang teaches
determining whether a power supply for supplying power to the digital
equipment was disconnected for a predetermined period of time (FF 6).
Appellant contends that the combination of AAPA, Stein, and Jang
fails to teach loading the master file directory and the sector state table
stored in the reserved area to the RAM when the digital equipment is
powered on (App. Br. 10-11). However, AAPA teaches the master file
directory, sector state table, and reserved area of flash memory (FF 1-2).
Stein teaches loading a booted operational target state memory image from
flash memory to RAM to shorten the booting time (FF 3-5). Therefore, we
find that the combination of AAPA, Stein, and Jang teaches loading the
master file directory and the sector state table stored in the reserved area to
the RAM when the digital equipment is powered on.
Appellant contends that AAPA teaches creating the master file
directory and the sector state table during a booting process, but does not
teach creating the directory and table “when a digital equipment is powered
on” as recited in claim 1 (Reply Br. 3). The Examiner finds that AAPA
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teaches creating the master file directory and the sector state table when the
digital equipment is powered on, because the booting process occurs when
the digital equipment is powered on (Ans. 6). Appellant alleges, in turn, that
a booting process may occur at times other than when equipment is powered
on (Reply Br. 3-4). However, Appellant does not dispute the finding that a
booting process occurs when digital equipment is powered on. Therefore,
we are not persuaded that the AAPA booting process fails to occur when the
digital equipment is powered on.
Appellant alleges that the Examiner did not give weight to the claim
phrase “each header of a plurality of file system blocks” (Reply Br. 4-5).
We disagree. The Examiner finds that the AAPA sector state table
representing a sector state refers to each header of a plurality of file system
blocks (Ans. 3-4; Final Rejection § 6, ¶ 1; see also FF 1). We are thus not
persuaded of error in the Examiner’s finding.

CONCLUSION OF LAW
Appellant has failed to show that the Examiner erred in finding that
the combination of Appellant’s admitted prior art, Stein, and Jang teaches
the invention of claim 1.

DECISION
The Examiner’s rejection of claims 1 and 2 under 35 U.S.C. § 103(a)
as being unpatentable over Appellant’s admitted prior art, Stein, and Jang is
affirmed.
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a).

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AFFIRMED

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