Ex Parte Chang et al

Patent Trial and Appeal Board

Mar 2, 2016

12844411 (P.T.A.B. Mar. 2, 2016)

UNITED STA TES p A TENT AND TRADEMARK OFFICE
APPLICATION NO. FILING DATE
12/844,411 07/27/2010
109673 7590 03/04/2016
McClure, Qualey & Rodack, LLP
3100 Interstate North Circle
Suite 150
Atlanta, GA 30339
FIRST NAMED INVENTOR
Liang-Cheng Chang
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.
251325-2551 8018
EXAMINER
HAIDER, SYED
ART UNIT PAPER NUMBER
2633
NOTIFICATION DATE DELIVERY MODE
03/04/2016 ELECTRONIC
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.
Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
following e-mail address( es):
uspatents@mqrlaw.com
dan.mcclure@mqrlaw.com
gina.silverio@mqrlaw.com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte LIANG-CHENG CHANG, MING-JE YANG,
WEI-LUN WAN, JUIE-TING SUN,
HONG-KAI HSU, and WEI-NING CHIEN
Appeal2014-004275
Application 12/844,411
Technology Center 2600
Before THU A. DANG, NATHAN A. ENGELS, and LARRY
HUME, Administrative Patent Judges.
DANG, Administrative Patent Judge.
DECISION ON APPEAL
I. STATEMENT OF THE CASE
Appellants appeal under 35 U.S.C. § 134(a) from the Examiner's
Final Rejection of claims 1, 2, 4--7, 9 and 11-13. Claims 3, 8 and 10 are
indicated as containing allowable subject matter. We have jurisdiction under
35 U.S.C. § 6(b).
We affirm.
Appeal2014-004275
Application 12/844,411
A. INVENTION
According to Appellants, the claimed invention relates to a method
"for controlling a main clock source shared between different wireless
communications modules in a coordinated manner." (Spec. i-f 2).
B. ILLUSTRATIVE CLAIM
Claim 9 is exemplary:
9. A method executed by a wireless communications
module for controlling a clock source shared with a wireless
telephony communications module comprising:
issuing, by the wireless communications module, an
external interrupt (EINT) signal to the wireless telephony
communications module for activating the clock source via the
wireless telephony communications module;
receiving, by the wireless communications module, a
reference clock from the activated clock source; and
synchronizing, by the wireless communications module,
at least two internal devices thereof using the received reference
clock·
C. REJECTION
The prior art relied upon by the Examiner in rejecting the claims on
appeal is:
Ananny
Yuan
Haartsen
US 2009/0161806 Al
US 2008/0001681 Al
US 2010/0303185 Al
Jun.25,2009
Jan. 3,2008
Dec. 2, 2010
Claims 9 and 11 stand rejected under 35 U.S.C. § 102(e) as being
anticipated by Ananny. Final Act. 4.
Claims 1, 2, 4, and 5 stand rejected under 35 U.S.C. § 103(a) as being
unpatentable over Ananny. Final Act. 6.
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Application 12/844,411
Claims 6 and 7 stand rejected under 35 U.S.C. § 103(a) as being
unpatentable over Ananny and Yuan. Final Act. 9.
Claims 12 and 13 stand rejected under 35 U.S.C. § 103(a) as being
unpatentable over Ananny and Haartsen. Final Act. 11.
II. ISSUES
The principal issues before us are whether the Examiner erred in
finding that Ananny discloses a method "for controlling a clock source
shared with a wireless telephony communications module," which
comprises "issuing ... an external interrupt (EINT) signal to the wireless
telephony communications module for activating the clock source ... " and
"synchronizing, by the wireless communications module, at least two
internal devices thereof using the received reference clock" (claim 9,
emphasis added).
III. FINDINGS OF FACT
The following Findings of Fact (FF) are shown by a preponderance of
the evidence.
Ananny
1. Ananny discloses calibrating the internal oscillator of a
microcontroller (Abs.), wherein Figure 1 is reproduced below:
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Appeal2014-004275
Application 12/844,411
102 lC-4
{
'"""""""".:""""""'''"'""! r----------"'"' ________________ """'l
~ ~ !
third party d~vi~ l' ! aecEi:Ssory dt·wh:::~ !
. H2 ! ·~o ! .·· ·1'!4
I • .f .1]00 I _L I l~~~j __ IJ_
L ______ ,:----------,~ I l L ____________ J,~~~~~~n [' 111
.......................... ~ ................................................................................... ~
FIG .. 1
r. ~~~~~~~~~~~~~~~· .... ~~~~~~~~~~~~~v·····~
I porti:tb!~ ~!Mtrt:mJc l
[ devlec l
: l
i 1 ..
~~--
Figure 1 shows an accessory device 104, a third party device 102, and
a portable electronic device 106 in communication (FIG. 1). The accessory
device 104 comprises microcontroller 110 which includes internal oscillator
111 (id., i-fi-132-33). Accessory device 104 may calibrate internal oscillator
111 via an external clock source, such as clock source 108 of third party
device 102, from which it receives timing information (i-fi-f 31-33).
Calibration of oscillator 111 is done when a request voltage is changed from
voltage V1 to V2 (i-f 39) and an interrupt is generated (i-f 72). Once the
request is received, third party device 102 begins sharing timing information
204 with accessory device 104 with which the internal clock 111 can be
calibrated (i-f 40).
2. FIG. 3 shows accessory device 104 in more detail (i-f 45):
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Application 12/844,411
fu~ffi
~ffy
&vie!'.!
FIG,3
Accessory device 300 can include microcontroller 312 (i-f 46), which
operates based on an internal oscillator 311 (i-f 49). Internal oscillator 311
may be calibrated via timing information obtained from third party device
328 (i-f 49).
3. Information may be received and transferred over TX/RX lines
320 and 322 by microcontroller 312 from accessory device 300 to third party
device 328 via port 306, or to portable electronic device 326 via port 304 (i-fi-f
47, 50). This information can be exchanged using a timing dependent
protocol where the information data rate may be based on internal oscillator
311 of microcontroller 312 (i-f 51 ).
4. Ports 304 and 306 may be any suitable type of wired or wireless
port (i-f 4 7).
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Application 12/844,411
IV. ANALYSIS
35 u.s.c. § 102
Appellants contend the accessory device 104 shown in FIG. 1 of
Ananny has its own clock source, oscillator 111, which is calibrated from
the clock source 108, and thus, Ananny fails to disclose that "the clock
source is ... shared by ... the 'telephony communications module'" (App. Br.
5-8). Appellants also contend that Ananny's "internal oscillator 311 that
relies on another clock source external to the microcontroller for maintaining
an accurate frequency," does not disclose that another clock source is
activated (id.).
Appellants also argue the Ananny disclosure fails to disclose the
synchronization of multiple internal devices based on a shared clock source
(App. Br. 9-10). Specifically, the synchronization settings discussed at i-f 34
of Ananny do not disclose the "synchronization of at least two internal
devices ... using the received reference clock" (id.).
We have considered all of Appellants' arguments and evidence
presented. However, we disagree with Appellants' contentions regarding the
Examiner's rejections of the claims. We find no error with the Examiner's
broad but reasonable claim interpretation, and agree with the Examiner's
findings that the claims are unpatentable over Ananny.
As an initial matter, we must give the claims their broadest reasonable
interpretation consistent with the Specification. See In re Morris, 127 F.3d
1048, 1054 (Fed. Cir. 1997).
Ananny shows that internal oscillator 311 relies on another clock
source external to microcontroller 312 to maintain an accurate frequency
(FF 2). After performing a calibration, information may be exchanged over
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Application 12/844,411
lines 320 and 322 using a timing dependent protocol where the data rate may
be based on the calibrated internal oscillator (FF 3). Given these
disclosures, clock source 108 is shared with microcontroller 312 and
oscillator 311 of accessory device 104 (FF 1, 2). Once the oscillator 311 is
calibrated using clock source 108, the oscillator is then used to regulate the
timing by which data is transmitted via a plurality of wireless
communications ports (FF 3).
Although Appellants contend Ananny fails to disclose a single clock
source shared with a wireless telephony communications module (App.
Br. 5-8), we agree with the Examiner's broad but reasonable interpretation
that the use of clock source 108 to perform the calibration is an example of
sharing the clock source between the accessory device and the third party
device (Ans. 2-3). That is, we find no error with the Examiner's broadest
reasonable interpretation of claim 9, that clock source 108 is "shared" with
accessory device 104, and indirectly "shared" with a plurality of wireless
communications ports of the accessory device 104 (FF 1, 2), which may
include a wireless telephony communications module (FF 4).
In Ananny, the third party device 102 contains clock source 108
(FF 1 ). Upon request for timing information, the third party device begins
transmitting the timing information 204 (id.).
We also agree with the Examiner's finding that i-f 40 of Ananny
discloses that "third party device ... may begin transmitting timing
information 204" in response to receiving the request (Ans. 3). In particular,
we do not find error in the Examiner's finding that this portion of Ananny
discloses the "activation" of the shared clock source within the broad but
reasonable interpretation of claim 9. We note that Appellants' Specification
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Application 12/844,411
discusses the term "activation" by stating: "the wireless communications
module 101 may send out an internal clock request to activate the clock
source 104 to provide a reference clock" (Spec. i-f 36, emphasis added).
Thus, we find the Examiner's broad but reasonable interpretation is
consistent with Appellants' Specification which shows that the activation
causes "the clock source 104 to provide a reference clock" in response to the
request.
Furthermore, Ananny discloses that a clock signal from oscillator 311
is transmitted at least among ports 304 and 306 of accessory device 300,
such that the information data rate of the ports is based on the signal from
the internal oscillator 311 (FF 3). The internal oscillator 311 is calibrated
from clock source 108 and, as such, clock source 108 can be considered
shared directly with internal oscillator 311 and indirectly with ports 304 and
306 (FF 1, 2) and the connected portable electronic device and third party
device (FF 2).
We find no error with the Examiner's finding that Ananny discloses
the synchronization of accessory device 104 (including its internal devices)
and portable electronic device 106 based on information received from third
party device 102 (Ans. 4). In Ananny, the multiple internal devices (i.e., the
ports 304, 306) of the accessory device 104 are therefore synchronized (FF
3) based on a shared clock source (i.e., internal oscillator 311, calibrated
from clock source 108) based on this shared information (FF 1, 2).
Accordingly, we find no error with the Examiner's finding that
Ananny discloses a method for controlling a "shared" clock source, which
comprises issuing an interrupt signal "for activating" and "synchronizing" at
least two internal devices, as required by claim 9.
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As to dependent claim 11, Appellants argue paragraphs 66----67 of
Ananny fail to disclose driving converted reference clock or clocks over a
power level to the internal devices for synchronization therebetween (App.
Br. 10-11). However, as the Examiner notes, Appellants' Specification does
not provide a specific definition of "over a power level" (Ans. 7).
Nevertheless, we find no error with the Examiner's reliance on at least
i-f 39 of Ananny in support of the rejection of claim 9, from which claim 11
depends (Final Act. 4-6). In particular, Ananny discloses the use of multiple
power levels to distinguish different types of communications (FF 1 ). More
specifically, a first power level V1 is used when oscillator timing
information is used as part of a data communications mode of operation
(id.). As previously noted, in this mode, timing information from oscillator
311 is shared with at least ports 304 and 306 such that the timing of data
transmission can be based thereon (FF 1, 3). Thus, we agree with the
Examiner's finding that Ananny's oscillator timing information (clock
information) is driven "over a power level," specifically V1 (FF 1).
35 u.s.c. § 103
At the outset, we note Appellants do not present arguments in the
Appeal Brief directed to the Examiner's rejection of claims 6 and 7 over
Ananny and Yuan under 35 U.S.C. § 103(a), or the Examiner's rejection of
claims 12 and 13 over Ananny and Haartsen under 35 U.S.C. § 103(a).
Accordingly, we sustain these rejection proforma.
As for claim 1, Appellants argue the rejection of claim 1 under 35
U.S.C. § 103(a) over Ananny should be withdrawn for the same reasons
argued in support of the withdrawal of the rejection of claim 9 under 35
U.S.C. § 102(e). Accordingly, we incorporate the foregoing analysis herein,
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Application 12/844,411
and find that the rejection of claim 1 under 35 U.S.C. § 103(a) over Ananny
is not in error.
Appellants have not provided separate arguments with respect to
claims 2, 4, and 5 rejected over Ananny, and thus, we also sustain the
Examiner's rejection of these claims under 35 U.S.C. § 103(a).
V. CONCLUSION AND DECISION
We affirm the Examiner's rejection of claims 9 and 11 under 35
U.S.C. § 102(e), and the rejections of claims 1, 2, 4-7, 12 and 13 under 35
U.S.C. § 103(a).
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a)(l )(iv).
AFFIRMED
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