Ex Parte RudelicDownload PDFBoard of Patent Appeals and InterferencesJul 19, 201010215549 (B.P.A.I. Jul. 19, 2010) 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. 10/215,549 08/08/2002 John C. Rudelic NUM.0036US 7962 21906 7590 07/20/2010 TROP, PRUNER & HU, P.C. 1616 S. VOSS ROAD, SUITE 750 HOUSTON, TX 77057-2631 EXAMINER VO, TED T ART UNIT PAPER NUMBER 2191 MAIL DATE DELIVERY MODE 07/20/2010 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 JOHN C. RUDELIC ____________ Appeal 2009-002721 Application 10/215,549 Technology Center 2100 ____________ Before JOHN A. JEFFERY, LEE E. BARRETT, and THU A. DANG, Administrative Patent Judges. JEFFERY, Administrative Patent Judge. DECISION ON APPEAL Appellant appeals under 35 U.S.C. § 134(a) from the Examiner’s rejection of claims 1, 2, 4-12, 14-22, and 24-33. We have jurisdiction under 35 U.S.C. § 6(b). We affirm-in-part. STATEMENT OF THE CASE Appellant’s invention involves processor-based devices that execute applications from a semiconductor nonvolatile memory with a resident Appeal 2009-002721 Application 10/215,549 2 database (e.g., execute-in-place applications). See generally Abstract; Spec. 1-3. Claim 1 is illustrative: 1. A method comprising: storing within a semiconductor nonvolatile memory an executable program in a non-fragmented manner separately from an associated database stored in said memory that includes program management information; linking the associated database to the executable program in said semiconductor nonvolatile memory; and executing the executable program from said semiconductor nonvolatile memory based on the program management information. The Examiner relies on the following as evidence of unpatentability: Wells US 5,754,817 May 19, 1998 Hayes, Jr. (“Hayes”) US 5,974,312 Oct. 26, 1999 Microsoft Corp., Linear Flash Memory Devices on Microsoft Windows CE 2.1, Apr. 2000, http://msdn.microsoft.com (“Microsoft”). THE REJECTIONS1 1. The Examiner rejected claims 1, 2, 4-12, 14-22, and 24-30 under 35 U.S.C. § 102(b) as anticipated by Microsoft. Ans. 4-9.2 2. The Examiner rejected claims 31-33 under 35 U.S.C. § 103(a) as unpatentable over Wells and Hayes. Ans. 10-11. 1 Since the Examiner withdrew an anticipation rejection over Wells (Ans. 12), that rejection is not before us. 2 Throughout this opinion, we refer to (1) the Appeal Brief filed August 17, 2007; (2) the Examiner’s Answer mailed November 28, 2007; and (3) the Reply Brief filed January 22, 2008. Appeal 2009-002721 Application 10/215,549 3 THE ANTICIPATION REJECTION Regarding representative claim 1, the Examiner finds that Microsoft’s “Execute-In-Place” functionality which enables programs to run directly from linear flash memory meets the claim. Ans. 4-5, 13-14. Appellant argues that since Microsoft’s Windows CE cannot directly use registry information (which is said to correspond to the recited “program management information”), but rather must first copy this information to RAM, it is impossible to (1) store and link the executable program and program management information in a nonvolatile memory, and (2) execute the program from that memory based on the program management information as claimed. App. Br. 13-14; Reply Br. 1-2. Appellant makes similar arguments regarding the linked “meta-information” database in claim 6. App. Br. 13-14. The issues before us, then, are as follows: ISSUES Under § 102, has the Examiner erred by finding that Microsoft: (1) (a) stores and links an executable program and an associated database including program management information in a semiconductor nonvolatile memory, and (b) executes the program from the memory based on the program management information as recited in claim 1? (2) uses a meta-information database and reference link to execute a program stored in a nonvolatile memory responsive to an update indication as recited in claim 6? Appeal 2009-002721 Application 10/215,549 4 FINDINGS OF FACT (FF) 1. Microsoft describes using Linear Flash Memory (LFM) devices in connection with the Windows CE operating system. One such use is “Execute-In-Place” (XIP) functionality which enables a program to run directly from LFM instead of copying the program into RAM and running it from there. Microsoft, at 1-2, 8. 2. Other uses of LFM in Windows CE include (1) extending the size of the Windows CE object store; (2) storing registry information; and (3) storing Windows CE databases and using these databases “in-place.” Microsoft, at 2, 7. 3. To support XIP, a flash device must be linear, such that it can be mapped into a memory window and read directly through the window as if the LFM were RAM or ROM. Microsoft, at 8. 4. Windows CE 2.10 can only support XIP from one address space, that in which the Kernel itself runs. Also, XIP can only occur in the Kernel’s address space, and Windows CE itself is executed in place. Since a LFM device must also contain the Windows CE kernel image, to implement XIP, an OEM must be able to boot a Windows CE kernel image from LFM. Microsoft, at 8. 5. “The OEM can treat Linear Flash as a single contiguous address space. In this configuration, the Linear Flash may be used for XIP or for data storage. Data storage can include one or more of the following: Registry, Database, or user data files managed by the FAT file system.” Microsoft, at 8. Appeal 2009-002721 Application 10/215,549 5 6. The Windows CE kernel image can be booted directly from a LFM device rather than ROM. Microsoft, at 9. 7. Windows CE cannot directly use registry information stored in LFM, but must first be copied to the RAM-based registry. Microsoft, at 2, 7. 8. Appellant’s specification notes that “[i]n one embodiment, the program management information may comprise registry entries 80a-80b. Registry entries 80a-80b may incorporate conventional meta-information that is typically used to manage the application 65.” Spec 3:17-19. ANALYSIS Based on the record before us, we find no error in the Examiner’s anticipation rejection of representative claim 1. Appellant argues that since Microsoft’s Windows CE must first copy registry information to RAM, the program cannot be executed based on this registry information from the LFM. App. Br. 13-14; Reply Br. 1-2 (emphases added). Notably, this argument presumes that the recited “program management information” is limited to solely registry information—a presumption that we decline to adopt. First, Appellant’s specification not only fails to define the term “program management information,” but actually indicates that registry information is but an exemplary form of such information. See FF 8 (quoting Appellant’s specification noting that program management information may comprise registry entries in one embodiment) (emphases added). Therefore, the term “program management information” encompasses more than just registry information when interpreted in light of the specification. Appeal 2009-002721 Application 10/215,549 6 Second, the Examiner’s interpretation of “program management information” in Microsoft is likewise not limited to solely registry information as Appellant seems to suggest. Rather, the Examiner refers not only to Microsoft’s registry in this regard, but also to other stored data on the LFM including a database and user data files managed by the FAT file system. See Ans. 4-5, 13. We see no error in this interpretation, given the breadth of the term “program management information,” and since Microsoft indicates that the LFM can store one or more of a registry, database, or user data files managed by the FAT file system. FF 5. Moreover, a crucial aspect of Microsoft’s XIP functionality for Windows CE is the kernel and its associated image—a feature enabling booting directly from an LFM device rather than ROM. FF 4, 6. We see no reason why this kernel image on the LFM would not likewise constitute “program management information” given the term’s scope and breadth. Although Windows CE cannot directly use registry information stored in the LFM, but must first be copied to the RAM-based registry as Appellant indicates (App. Br. 13-14; Reply Br. 1-2; FF 7), that requirement alone is not dispositive. In short, Appellant has not shown error in the Examiner’s broader interpretation of “program management information” which encompasses more than registry information, but also the other linked information stored on the LFM noted above. We find the Examiner’s interpretation reasonable in this regard, and see no reason why Microsoft’s program could not be executed from the LFM based on this linked information stored on the LFM. See FF 1-6. Appeal 2009-002721 Application 10/215,549 7 We reach a similar conclusion regarding independent claim 6 since, like claim 1, Appellant’s arguments are based on limiting the recited “meta- information” database to solely the registry information. App. Br. 13-14. But here again, we find this argument unavailing since it does not account for other types of “meta-information” stored on the LFM, including information associated with (1) a database; (2) user data files managed by the FAT file system; and (3) kernel image, as noted above. We are therefore not persuaded that the Examiner erred in rejecting independent claims 1 and 6, and claims 2, 4, 5, 7-12, 14-22, and 24-30 not separately argued with particularity. THE OBVIOUSNESS REJECTION Regarding independent claim 33, the Examiner finds that Wells discloses all recited subject matter including a nonvolatile memory storing an executable program in a non-fragmented manner separately from a database with program management information in concluding that the claim would have been obvious. Ans. 10-11, 17-18. Appellant argues that Wells stores information in a fragmented manner—not a non-fragmented manner as claimed. App. Br. 15 (referring to the arguments regarding Wells in connection with claim 1). The issue before us, then, is as follows: ISSUE Under § 103, has the Examiner erred in rejecting claim 33 by finding that Wells and Hayes collectively would have taught or suggested a semiconductor nonvolatile memory to (1) store an executable program in a Appeal 2009-002721 Application 10/215,549 8 non-fragmented manner separately from an associated database including program management information, and (2) execute the program based on this information? ADDITIONAL FINDINGS OF FACT 9. Wells’ system executes-in-place a file stored non-contiguously in non-volatile memory. Specifically, CPU 21 can access and execute an application program directly from flash memory card 30 despite not storing the program contiguously on the card. Wells, Title; Abstract; col. 4, ll. 23-31; col. 5, ll. 4-44; col. 9, ll. 42-64; Figs. 2-7. 10. When the flash memory file management system finds free space in different blocks, the file is broken into many small pieces to store the file in the available free space of the blocks. An allocation table is also created to store information linking the file pieces together. Wells, col. 5, ll. 29-36. 11. XIP program “A” is separated into four pieces, each stored in a mappable region of the flash memory card’s memory map 70. This program is also “stored” in four contiguous pages 62p-62s of virtual memory map 62 representing the virtual address memory of CPU 21. Wells, col. 8, ll. 30-62; col. 9, l. 66–col. 10, l. 7; Figs. 5-6. 12. XIP program “A” can be stored in each of regions 71-73 with other non-XIP programs or files. Also, XIP program is not stored contiguously in the flash memory card, but rather separately stored in different places of separate regions 71-73. Wells, col. 10, ll. 35-50; Fig. 8. Appeal 2009-002721 Application 10/215,549 9 ANALYSIS We will not sustain the Examiner’s obviousness rejection of independent claim 33 which calls for, in pertinent part, a semiconductor nonvolatile memory to (1) store an executable program in a non-fragmented manner separately from an associated database including program management information, and (2) execute the program based on this information. Wells is replete with references to storing an executable program in a fragmented manner in a nonvolatile memory—exactly the opposite of what the claim requires. For example, Wells unambiguously indicates that an application program is stored non-contiguously on a flash memory card, and that files are broken into many small pieces for storage—pieces that are linked via an allocation table. FF 9-10. Notably, even XIP programs are subject to such a diverse, piecemeal storage technique on the flash memory card. See FF 11-12 (noting that XIP program “A” is separated into four pieces, each stored in an associated region of the memory map). The Examiner’s position that the entire flash memory map of Wells’ Figure 8 meets storing the program in a non-fragmented manner (Ans. 18) is unavailing. Indeed, this dubious position is belied by the very nature of the map itself which illustrates disparate, piecemeal storage of the respective parts of the XIP program “A” in different mappable regions. FF 12. Although Wells notes that this program is also “stored” in four contiguous pages of a virtual memory map (FF 11), this map nonetheless represents the virtual address memory of the CPU—not the non-volatile Appeal 2009-002721 Application 10/215,549 10 flash memory card. Id. In any event, this mapping does not negate the fact that the program itself is stored non-contiguously on the flash memory card. See id. Nor has the Examiner shown that Hayes cures this deficiency. We are therefore persuaded that the Examiner erred in rejecting independent claim 31, and dependent claims 32 and 33 for similar reasons. CONCLUSION The Examiner did not err in rejecting claims 1, 2, 4-12, 14-22, and 24-30 under § 102, but erred in rejecting claims 31-33 under § 103. ORDER The Examiner’s decision rejecting claims 1, 2, 4-12, 14-22, and 24-33 is affirmed-in-part. 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 pgc TROP, PRUNER & HU, P.C. 1616 S. VOSS ROAD, SUITE 750 HOUSTON, TX 77057-2631 Copy with citationCopy as parenthetical citation