Ex Parte Tsern et al

Patent Trials and Appeals Board

May 18, 2018

14855271 - (D) (P.T.A.B. May. 18, 2018)

UNITED STA TES p A TENT AND TRADEMARK OFFICE
APPLICATION NO. FILING DATE FIRST NAMED INVENTOR
14/855,271 09/15/2015 Ely K. Tsern
78408 7590 05/18/2018
MARC P. SCHUYLER I Rambus
P.O. BOX 2535
SARA TOGA, CA 95070
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.
2015041 I
RA413ClC2ClUS
1024
EXAMINER
TORRES, JOSEPH D
ART UNIT PAPER NUMBER
2112
MAILDATE DELIVERY MODE
05/18/2018 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 ELY K. TSERN, MARK A. HOROWITZ, and
FREDERICK A. WARE
Appeal 2017-011238 1
Application 14/855,271
Technology Center 2100
Before JEAN R. HOMERE, AMBER L. HAGY, and SHARON PENICK,
Administrative Patent Judges.
HOMERE, Administrative Patent Judge.
DECISION ON APPEAL
Appellants appeal under 35 U.S.C. § 134(a) from a Final Rejection of
claims 1-3, 6, and 8-11. See Appeal Brief, 6; Claims App'x. Claims 12-
20 have been withdrawn from consideration. 2 Id. We have jurisdiction
under 35 U.S.C. § 6(b ).
We reverse.
1 Appellants identify the real party in interest as Rambus, Inc. App. Br. 1.
2 Claims 5 and 7 are objected to as being dependent upon a rejected base
claim, but would otherwise be allowable if rewritten in independent form to
include the limitations of the base claim and any intervening claims
(Examiner-Initiated Interview Summary mailed June 30, 2017). Claim 4 has
been canceled (Amendment filed October 26, 2016).
Appeal 2017-011238
Application 14/855,271
Introduction
According to Appellants, the claimed subject matter is directed to a
memory controller (110) for detecting and correcting errors in data sent to a
memory device ( 102) coupled thereto. Spec. i-f 2, Fig. 1. In particular, the
memory controller ( 110) includes a first transmitter ( 134-1) for transmitting
commands and a first error detection code to the memory device (102), as
well as for receiving from the memory device (102) an indication of a
detected an error in previously transmitted data. Id. i-fi-131-34, Fig. 2A.
Further, the memory controller (110) includes a plurality of second
transmitters (134-2) for transmitting data and a second error detection code
to the memory device (102). Id. Upon receiving the indication of the
detected error, the memory controller (110) re-transmits the data to the
memory device (102). Id. i-f 37.
Representative Claim
Independent claim 1 is representative, and reads as follows:
1. A memory controller, comprising:
a first transmitter to transmit a write command and a first
error detection code to a memory device;
a plurality of second transmitters to transmit write data
and a second error detection code to the memory device, the
second error detection code encoded by the memory controller
in connection with the write data, wherein the plurality of
second transmitters are operable to transmit the write data in
accordance with one of a plurality of modes, a first mode
including data comprising symbols respectively transferred on
rising and
falling edges per clock cycle of a clock signal, and a
second mode including data transferred with one symbol per
clock cycle; and
circuitry to re-transmit the write data to the memory
device in the event that the memory device detects an error
2
Appeal 2017-011238
Application 14/855,271
condition dependent on at least one error in the write data as
received by the memory device and to re-transmit the write
command to the memory device in the event of error that the
memory device detects error in the write command;
wherein an indication of at least one of the error
condition or error in the write command is to be received by the
memory controller from the memory device via a link not used
to transmit the write data to the memory device.
(App. Br., Claims App'x, 19.)
Sheth et al.,
hereinafter "Sheth"
Duh et al.,
hereinafter "Duh"
Nguyen et al.,
hereinafter "Nguy en"
Metzner et al.,
hereinafter "Metzner"
Kanamitsu et al.,
hereinafter "Kanamitsu"
Boussina et al.,
hereinafter "Boussina"
Hishiki et al.,
hereinafter "Hishiki"
Kwon
Tamura
Prior Art Relied upon
US 5,386,517 issued Jan. 31, 1995;
US 2003/0112685 Al
us 6,012,839
us 5,657,331
US 2002/0080660 Al
US 6,269,464 Bl
US 6,704,371 Bl
US 6,345,370B1
us 4,561,024
3
published Jun. 19, 2003;
issued Jan. 11, 2000;
issued Aug. 12, 1997;
published Jun. 27, 2002;
issued Jul. 31, 2001;
issued Mar. 9, 2004;
issued Feb. 5, 2002; and
issued Dec. 24, 1985
Appeal 2017-011238
Application 14/855,271
Rejections on Appeal3
Claims 1 and 9-11 stand rejected under 35 U.S.C. § 103(a) as being
unpatentable over the combination Sheth, Duh, and Nguyen. Final Act. 5-
11.
Claim 2 stands rejected under 35 U.S.C. § 103(a) as being
unpatentable over the combination Sheth, Duh, Nguyen, and Metzner. Final
Act. 11-12.
Claim 3 stands rejected under 35 U.S.C. § 103(a) as being
unpatentable over the combination Sheth, Duh, Nguyen, and Kanamitsu.
Final Act. 12-13.
Claim 6 stands rejected under 35 U.S.C. § 103(a) as being
unpatentable over the combination Sheth, Duh, Nguyen, and Kwon. Final
Act. 15-16.
Claim 8 stands rejected under 35 U.S.C. § 103(a) as being
unpatentable over the combination Sheth, Duh, Nguyen, and Tamura. Final
Act. 16-17.
ANALYSIS
We consider Appellants' arguments as they are presented in the
Appeal Brief, pages 6-18, and the Reply Brief, pages 2-16. 4
3 Because Appellants canceled claim 4 prior to the Final Action, the
Examiner's subsequent rejection of claim 4 under 35 U.S.C. § 103(a) as
being unpatentable over the combination Sheth, Duh, Nguyen, Kanamitsu,
Boussina, and Hishiki is moot. Final Act. 13-14.
4 Rather than reiterate all the arguments of Appellants and all the Examiner's
findings/conclusions, we refer to the Appeal Brief ("App. Br.," filed May
10, 2017), the Reply Brief ("Reply Br.," filed August 29, 2017); the Final
Action from which the appeal is taken ("Final Act.," mailed November 25,
4
Appeal 2017-011238
Application 14/855,271
Appellants argue that Sheth does not teach or suggest a first
transmitter, and a plurality of second transmitters, as recited in independent
claim 1. App. Br. 8. In particular, Appellants argue that the Examiner's
apparent reliance upon Sheth's disclosure of two internal buses (28/32) does
not teach the requisite structure for the first transmitter and the second
transmitters, as required by the claim. Id.
This argument is persuasive. At the outset, we note the Examiner
relies upon Sheth's disclosure of WC 42/42wcb to conclude that "a
transmitter is inherent." Ans. 5 (citing Sheth, figs. IA, 2A). According to
the Examiner, because the disclosed bus facilitates the transmission of data
and command between the IOU/TCU and the PMIU, there must be a
transmitter between them. Id. at 5---6 (citing Sheth, figs. 2A, 5A). We agree
with Appellants that the Examiner's findings are insufficient to substantiate
the obviousness rejection. App. Br. 8. In particular, the Examiner has not
established how the cited single bus relied upon teaches the first transmitter,
and the plurality of second transmitters, as required by the claim. That is,
even assuming that Sheth' s single bus relied upon by the Examiner
somehow includes a transmitter, it would not account for the plurality of
transmitters required by the claim. Because Appellants have shown at least
one reversible error in the Examiner's obviousness rejection, we need not
reach Appellants' remaining arguments.
Accordingly, we are persuaded of error in the Examiner's rejection of
claim 1, as well as of claims 2, 3, 6, and 8-11, which recite commensurate
limitations.
2016); and the Answer ("Ans.," mailed June 30, 2017) for the respective
details.
5
Appeal 2017-011238
Application 14/855,271
DECISION
For the above reasons, we reverse the Examiner's rejections of claims
1-3, 6, and 8-11.
REVERSED
6