Ex Parte ChunDownload PDFPatent Trial and Appeal BoardJun 21, 201812828815 (P.T.A.B. Jun. 21, 2018) Copy Citation UNITED STA TES p A TENT AND TRADEMARK OFFICE APPLICATION NO. FILING DATE FIRST NAMED INVENTOR 12/828,815 07/01/2010 Christopher Kong Yee Chun 12371 7590 06/25/2018 Muncy, Geissler, Olds & Lowe, P.C./QUALCOMM 4000 Legato Road, Suite 310 Fairfax, VA 22033 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. QC091055 7483 EXAMINER GRULLON, FRANCISCO A ART UNIT PAPER NUMBER 2132 NOTIFICATION DATE DELIVERY MODE 06/25/2018 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): meo.docket@mg-ip.com meo@mg-ip.com ocpat_uspto@qualcomm.com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD Ex parte CHRISTOPHER KONG YEE CHUN Appeal2018-000636 Application 12/828,815 Technology Center 2100 Before CARLA M. KRIVAK, HUNG H. BUI, and JON M. JURGOV AN, Administrative Patent Judges. JURGOV AN, Administrative Patent Judge. DECISION ON APPEAL Appellant 1 seeks review under 35 U.S.C. § 134(a) from a Final Rejection of claims 1-3, 5-9, and 11-34, which are all the claims pending in the application. We have jurisdiction under 35 U.S.C. § 6(b ). We AFFIRM-IN-PART. 2 1 Appellant identifies QUALCOMM Incorporated as the real party in interest. (App. Br. 3.) 2 Our Decision refers to the Specification ("Spec.") filed July 1, 2010; the Final Office Action ("Final Act.") mailed January 27, 2017; the Appeal Brief ("App. Br.") filed May 1, 2017; the Examiner's Answer ("Ans.") mailed September 22, 2017; and the Reply Brief ("Reply Br.") filed October 25, 2017. Appeal 2018-000636 Application 12/828,815 CLAIMED INVENTION The claims are directed to "mobile device memory architectures," and methods for "improving the power cycling characteristics of a mobile device using various volatile and non-volatile memory configurations." (Spec. i-f 1.) In one embodiment, "a processor [is] coupled to [a] memory controller, where the processor may address both the non-volatile memory and the volatile memory utilizing a continuous memory map." (Spec. i-f 8.) In another embodiment, "a processor [is] coupled to [a] memory controller, where the processor may address the volatile memory during normal operation," and a "shadow copy controller ... coupled to the non-volatile memory and the memory controller" to "copy information stored in a designated portion of the volatile memory into the non-volatile memory." (Spec. i-f 9.) Claims 1, 9, 21, 25, 27, and 29 are independent. Claims 1and9, reproduced below, are illustrative of the claimed subject matter: 1. A mobile device, comprising: a volatile memory; a non-volatile memory comprising a Magnetoresistive Random Access Memory (MRAM); a memory controller functionally coupled to the non- volatile memory and the volatile memory; and a processor coupled to the memory controller, wherein the processor addresses both the non-volatile memory and the volatile memory substantially at the same time utilizing a continuous memory map, and wherein the processor writes system-state information to the non-volatile memory and/or reads the system-state information from the non-volatile memory. 9. A mobile device, comprising: a volatile memory; 2 Appeal 2018-000636 Application 12/828,815 a non-volatile memory compnsmg a Magnetoresistive Random Access Memory (MRAM); a memory controller coupled to the volatile memory; a processor coupled to the memory controller, wherein the processor addresses the volatile memory during a normal operation; and a shadow copy controller coupled to the non-volatile memory and the memory controller, wherein the shadow copy controller copies information stored in a designated portion of the volatile memory into the non-volatile memory during the normal operation, and wherein the shadow copy controller copies the information stored in the designated portion of the volatile memory substantially at the same time as the information is written into the volatile memory by the memory controller during the normal operation. (App. Br. 31-33, Claims App.) REJECTIONS & REFERENCES (1) Claim 32 stands rejected under 35 U.S.C. § l 12(a) or 35 U.S.C. § 112, first paragraph (pre-AIA), as failing to comply with the written description requirement. (Final Act. 4--5.) (2) Claims 1, 2, 5, 8, 9, 11-14, 16, 17, 20, 21, 23, 25, 27, 29, and 31-34 stand rejected under 35 U.S.C. § 103(a) based on Aho et al. (US 2001/0019509 Al, published Sept. 6, 2001, "Aho"), Best (US 2010/0110748 Al, published May 6, 2010), and Kilbuck et al. (US 2005/0204091 Al, published Sept. 15, 2005, "Kilbuck"). 3 (Final Act. 6-16.) 3 The Examiner's rejection cites to US 2001/0019509 Al "as the USPTO equivalent of the EPO publication EP 1 132 819 A2 in the same patent family, hereinafter Aho." (Final Act. 6.) We therefore refer to US 2001/0019509 Al ("Aho") in this Decision. 3 Appeal 2018-000636 Application 12/828,815 (3) Claims 3, 15, and 24 stand rejected under 35 U.S.C. § 103(a) based on Aho, Best, Kilbuck, and Liu et al. (US 2010/0080048 Al, published Apr. 1, 2010, "Liu"). (Final Act. 16-17.) (4) Claims 6, 7, 18, and 19 stand rejected under 35 U.S.C. § 103(a) based on Aho, Best, Kilbuck, and Maeda et al. (US 8,127,168 B2, issued Feb. 28, 2012, "Maeda"). (Final Act. 17-20.) (5) Claims 22, 26, 28, and 30 stand rejected under 35 U.S.C. § 103(a) based on Aho, Best, Kilbuck, and Davis (US 4,959,774, issued Sept. 25, 1990). (Final Act. 20-21.) ANALYSIS Rejection of Claim 32 under 35 U.S.C. §§ l 12(a) or 112 (pre-AJA), First Paragraph: Written Description Claim 32 depends from claim 1, and further recites "wherein the processor does not write the system-state information to the volatile memory." That is, claim 32 requires the system-state information-written to or read from the non-volatile memory (per base claim 1 }-is not written to the volatile memory. The Examiner finds the Specification does not provide a written description to support the negative limitation of claim 32 reciting the processor "does not write the system-state information to the volatile memory." (Final Act. 4--5; see also Ans. 16-17 (emphasis added).) We disagree with the Examiner's findings. As Appellant explains, paragraphs 29 and 31 of the originally filed Specification support the limitation of claim 32. (App. Br. 29.) 4 Appeal 2018-000636 Application 12/828,815 We have reviewed Appellant's Specification and concur with Appellant's argument that the Specification demonstrates Appellant possessed "the processor does not write the system-state information to the volatile memory," as recited in claim 32. For example, paragraph 29 in Appellant's Specification describes [a] continuous addressing memory map 260 may be divided wherein one portion of the map can be associated with volatile memory, and another portion of the map can be associated with non-volatile memory. The non-volatile portion of the map may be reserved for storing information associated with the system state, security, digital rights management, or other information that can desireable[ sic] to preserve in the event of an uncontrolled power disruption. The other portion of the map may be associated with volatile memory, and can be used to store ... other information, includ[ing] data which is not critical to security or the state of the system. (Spec. i-f 29 (emphasis added).) Thus, paragraph 29 in the Specification provides "the non-volatile memory may be reserved for system state information" not written to the volatile memory that is "used to store other information." (App. Br. 29.) The Specification further explains the processor 210 may access both volatile memory 240 and nonvolatile memory 250 using [the] continuous memory map 260. The continuous memory map 260 can be randomly accessed by a set of address values. On [ e] range of address values may map to the volatile memory map 264 (corresponding to physical volatile memory 240), and another range of values may map to the non-volatile memory map 265 (corresponding to physical non-volatile memory 250). The processor may select which data to store to protect from power disruptions by selecting the appropriate memory addresses corresponding to non-volatile memory map 265. The types of data which the processor may wish to select for storage in non- volatile memory 250 may include system state data, security data, Digital Rights Management (DRM) data, or any other data 5 Appeal 2018-000636 Application 12/828,815 that should be preserved when power is interrupted to the mobile device 200. (Spec. i-f 31 (emphasis added).) Thus, certain system-state information (data that should be preserved when power is interrupted) is written to the non- volatile memory's range of addresses that are different from the volatile memory's range of addresses, i.e., the system-state information is not written to the volatile memory. We find the Specification demonstrates Appellant possessed the claimed "processor does not write the system-state information to the volatile memory," as recited in claim 32. Accordingly, we do not sustain the Examiner's rejection of claim 32 under the "written description" requirement of 35 U.S.C. § 112. Rejection of Claims 1-3 and 5---8 under 35 US.C. § 103(a) With respect to claim 1, the Examiner finds the combination of Aho and Best teaches the claimed processor utilizing a continuous memory map. (Final Act. 11-12.) Particularly, the Examiner finds Aho teaches a processor addresses both a non-volatile memory and a volatile memory substantially at the same time utilizing a continuous memory map. (Final Act. 12 (citing Aho i-f 28).) The Examiner further finds Best's paragraph 21 discloses "[ d]ata may similarly be transferred in the opposite direction from the non-volatile die ... to the volatile storage die ... via [an] inter-die data path" to restore the state of the volatile storage die to a pre-power-down or pre-sleep condition, thereby suggesting a processor reading system-state information from the non-volatile memory as claimed. (Final Act. 10 (citing Best i-fi-12, 12, and 21).) Appellant contends Best cannot be combined with Aho to teach the claimed processor "utilizing a continuous memory map" because Best 6 Appeal 2018-000636 Application 12/828,815 teaches away from and "diametrically opposes the continuous memory map feature of independent claim 1." (Reply Br. 6.)4 Particularly, Appellant argues [t]he portion of [0021] of Best relied upon by the Office is in the context of implementing memory shadowing described above with respect to FIG. 5. Memory shadowing by definition requires an overlap between the address ranges of the volatile and non-volatile memories as Best illustrates in FIG. 6. Since the memory shadowing function by definition requires an overlap between the address ranges of the volatile and non- volatile memories, Best diametrically opposes the continuous memory map feature of independent claim 1. (App. Br. 24 and Reply Br. 6.) We do not agree with Appellant's argument. In this regard, we note Best's description of data being "transferred in the opposite direction from the non-volatile die ... to the volatile storage die ... via [an] inter-die data path" (see Best i-f 21) is not restricted to a memory shadowing embodiment with overlapped address ranges as Appellant argues. (See App. Br. 24.) Rather, Best's paragraph 21 describes data transfer in Best's Figures 2 and 3 illustrating "hybrid memory architectures" in which "the volatile and non- volatile storage devices have been assumed to have non-overlapping address ranges" (thus suggesting a continuous memory map). (See Best i-fi-124, 17 ("FIG. 2 illustrates an embodiment of a hybrid, composite memory device with the shared interface circuitry" describing "one embodiment, referred to herein as the hybrid storage embodiment, [in which] non-overlapping address ranges apply to each of the storage dice 101 and 103 to form the 4 We count the last six pages of the Reply Brief (which are not numbered) continuing from page 1 (which is numbered). 7 Appeal 2018-000636 Application 12/828,815 overall addressable range of the composite memory device."), 21 ("FIG. 3 illustrates an embodiment of a data control/steering circuit 150 that may be used to implement the data control/steering circuit 131 of FIG. 2.") (emphasis added); see also Final Act. 12.) Thus, Best's data being "transferred in the opposite direction from the non-volatile die ... to the volatile storage die ... via [an] inter-die data path" (see Best i-f 21) does not "lead away from," but rather teaches and suggests the claimed processor reading system-state information from the non-volatile memory and addressing the non-volatile and volatile memories using a continuous memory map. (Final Act. 12; see also Ans. 9--10 and Reply Br. 6.) Thus, Appellant has failed to persuade us the claimed invention distinguishes over the prior art relied on by the Examiner. We, therefore, sustain the Examiner's rejection of independent claim 1. No separate arguments are presented for dependent claims 2, 5, and 8. (App. Br. 25.) Accordingly, for the reasons stated with respect to independent claim 1, we sustain the rejection of these dependent claims. See 37 C.F.R. § 41.37(c)(l)(iv). With respect to dependent claims 3, 6, and 7, Appellant provides substantially the same arguments as for claim 1, and additionally argues that Liu and Maeda do not cure the alleged deficiencies of Aho, Best, and Kilbuck. (App. Br. 27-28.) As we find Aho, Best, and Kilbuck are not deficient, Liu and Maeda are not needed to cover any deficiency. Therefore, we sustain the rejection of dependent claims 3, 6, and 7 for the reasons stated with respect to independent claim 1. Rejection of Claims 9 and 11-31 under 35 USC§ 103(a) 8 Appeal 2018-000636 Application 12/828,815 With respect to claim 9, Appellant contends Aho, Best, and Kilbuck, alone or in combination, fail to teach or suggest a shadow copy controller that copies information stored in a designated portion of the volatile memory into the non-volatile memory substantially at the same time as the information is written into the volatile memory by the memory controller, during a normal operation, as claimed. Particularly, Appellant contends Best's memory shadowing operation transfers information into a non- volatile memory (Flash memory 101) in response to a "write-back trigger [that] does NOT concurrently occur with each write to the DRAM 103 [Best's volatile memory]"; rather, Best exhibits "a significant time lapse between when data is written to the DRAM 103 and when the same data is transferred to the Flash memory 101" from the DRAM, the time lapse being "critical to maintain the speed" of Best's hybrid memory device. (App. Br. 18, 20 (citing Best i-fi-12, 12, 24--25, Figs. IA and 5) (emphasis added).) Appellant then reasons, "modifying [Best's] hybrid memory device with Kilbuck's write-through caching such that each write to the DRAM 103 [Best's volatile memory] and a corresponding write to the Flash memory 101 [Best's non-volatile memory] occur together" renders Best unsatisfactory for its intended purpose. (App. Br. 20-21 (emphasis added).) Appellant asserts "Best's explicit purpose is to provide a hybrid memory device that ... has both speed and non-volatility," and "the [Examiner's] suggested modification would result in the speed of [Best's] hybrid memory device being slowed down to the speed of the Flash memory [which] completely destroys Best's purpose." (App. Br. 20.) We are not persuaded of Examiner error as these arguments are speculative, i.e., there is insufficient evidence to demonstrate that speed of 9 Appeal 2018-000636 Application 12/828,815 Best's device is conditioned by a large time lapse (or a lapse incompatible with the claimed "substantially at the same time") between data writing to DRAM and data transfer to Flash. (See App. Br. 18.) Rather, Best teaches that data written to DRAM (volatile memory) is copied to Flash (non- volatile) memory "in response to a triggering event referred to herein as a write-back trigger," where [t]he write-back trigger itself may include any number or combination of stimuli, including detecting that the write-back table has a threshold number of valid entries; periodically performing write-back (e.g., after every so many writes to the non-volatile storage and/or after a predetermined or configurable amount of time has elapsed); detecting a power- loss or power-down signal or event (i.e., performing all necessary write-backs-an operation referred to herein as flushing the write-back table-as part of power down), receiving an explicit command to flush the write-back table or otherwise perform one or more write-back operations and so forth. (See Best i-fi-124, 26 (emphasis added).) That is, any number or combination of stimuli may dictate Best's time delay between data writing to DRAM and data copying to Flash. Thus, Best's time delay is not necessarily a long delay incompatible with Appellant's claim 9. Rather, Best's time delay is commensurate with claim 9's "substantially at the same time" and with the broad description of "substantially at the same time" in Appellant's Specification. 5 (Ans. 4 (citing Spec. Figs. 3--4).) 5 Appellant's Specification does not provide an explicit and exclusive definition of the term "substantially at the same time"-a term introduced into claim 9 from Appellant's original claim 10. The Specification merely provides discussion of non-limiting examples of "substantially at the same time." For example, the Specification provides "[t]he shadowed portion of the volatile memory map 364 may be copied into the non-volatile memory 10 Appeal 2018-000636 Application 12/828,815 Appellant's argument that the combination of Aho, Best, and Kilbuck would render Best unsatisfactory for its intended purpose is also unpersuasive. (App. Br. 17, and 20-21.) Particularly, there is insufficient evidence to demonstrate that incorporating the teachings of Best and Kilbuck into Aho would require Best's device to "slow[] down to the speed of the Flash memory" and "perform no better than a Flash memory alone" as asserted by Appellant. (See App. Br. 20-21.) Appellant's support for these contentions relies upon Appellant's previous argument regarding a large time lapse in Best. (App. Br. 18, 20.) As discussed supra, we are not persuaded that Best requires a large time lapse (between data writing to DRAM and data copying to Flash). Appellant's contentions regarding the combination of Aho, Best, and Kilbuck also misstate the Examiner's rejection. Particularly, Appellant argues "if Aho and Best are modified as the Office suggests, then each write to the DRAM 103 [Best's volatile memory] and the corresponding write to the Flash memory 101 [Best's non-volatile memory] would occur together." (App. Br. 20 (emphasis added).) However, neither claim 9, nor the Examiner's rejection requires data writes to volatile and non-volatile memories to occur together; rather, the Examiner's rejection (and claim 9) requires data writes to volatile and non-volatile memories to occur "substantially at the same time," which may include a time delay. (Ans. 4-- 5; see also Final Act. 8.) Appellant also argues the Examiner's rejection relies on impermissible hindsight because the rejection's reasoning is dependent on as its state is changed, thus providing a continuous 'back-up' from data loss resulting from a power disruption." (See Spec. i-fi-135, 37, and 40.) 11 Appeal 2018-000636 Application 12/828,815 "information gleaned solely from Appellant's Specification" that Kilbuck's non-volatile MRAM and Best's volatile DRAM have "comparable speeds." (Reply Br. 3--4.) We do not agree. The Examiner has articulated reasoning (for combining Best and Kilbuck) that is not gleaned from Appellant's Specification. (See Final Act. 8 (citing Kilbuck i-fi-133, 35, and 42).) Additionally, Appellant has not explained why a skilled artisan would not have combined a non-volatile MRAM with a volatile memory, as in claim 9. In fact, Kilbuck's Figure 3B shows it is known to combine a non-volatile MRAM with a volatile memory (SDRAM) in one device. (See Kilbuck Fig. 3B; see also Ans. 5 (citing Kilbuck i130).) Appellant also argues Aho, Best, and Kilbuck do not teach or suggest "a memory controller coupled to the volatile memory" and "a shadow copy controller coupled to the non-volatile memory and the memory controller" as claimed. (App. Br. 21; see also Reply Br. 5.) Particularly, Appellant argues "Best does NOT show the controller device whatsoever and does not provide any details regarding the controller device." (App. Br. 22.) We do not agree. Instead, we agree with the Examiner that Best's Figure 3 teaches and suggests a memory controller (DRAM control circuit 129) coupled to a volatile memory (DRAM memory array die), and a shadow copy controller (non-volatile control circuit 137) coupled to a non- volatile memory (non-volatile (NV)/Flash memory array die) and the memory controller (129). (Ans. 8 (citing Best i-fi-f 12, 25, 28-29, and Fig. 3).) Appellant's arguments have not persuaded us of error in the Examiner's rejection of claim 9. Therefore, we sustain the Examiner's rejection of independent claim 9 and the Examiner's rejection of 12 Appeal 2018-000636 Application 12/828,815 independent claims 21, 25, 27, and 29 on the same basis as claim 9 (App. Br. 21; see also Reply Br. 2, 5), for the reasons stated above. No separate arguments are presented for dependent claims 11-14, 16, 17, 20, 23, and 31. (App. Br. 25.) Accordingly, for the reasons stated with respect to independent claims 9, 21, 25, 27, and 29, we sustain the rejection of these dependent claims. See 37 C.F.R. § 41.37(c)(l)(iv). With respect to dependent claims 15, 18, 19, 22, 24, 26, 28, and 30, Appellant provides substantially the same arguments as for claims 9, 21, 25, 27, and 29, and additionally argues that Liu, Maeda, and Davis do not cure the alleged deficiencies of Aho, Best, and Kilbuck. (App. Br. 27-28.) Because we find Aho, Best, and Kilbuck are not deficient, Liu, Maeda, and Davis are not needed to cure any deficiency, and therefore we sustain the rejection of dependent claims 15, 18, 19, 22, 24, 26, 28, and 30 forthe reasons stated with respect to the independent claims. Rejection of Claim 32 under 35 USC§ 103(a) With respect to claim 32, the Examiner finds "the additional content of this claim further corresponds substantially to that of Claim 9," and rejects claim 32 "for the same reasons as presented in Claim 9." (Final Act. 16.) Appellant argues that the claim 9 rejection is not relevant to the features of claim 32. (App. Br. 25.) We agree, as claim 32 does not depend from claim 9, and does not recite features of claim 9. In the Answer, the Examiner interprets claim 32 "along the lines of claim 1 ['s] 'processor writes system-state information to the non-volatile memory"' for which Best was cited as "suggesting that the processor writes system-state information to the non-volatile memory and/or reads system- state information from the non-volatile memory." (Ans. 12 (citing Best i-fi-12, 13 Appeal 2018-000636 Application 12/828,815 12, 21, and 24 ). ) However, as Appellant has already explained in the Appeal Brief, Best's paragraph 21 does not teach what is recited in claim 3 2-that "the processor does not write the system-state information to the volatile memory." (App. Br. 25-26.) Rather, Best's paragraph 21 "restor[es] 'the state of the volatile storage die 103' [which] means that the information is in fact written to the volatile storage. Otherwise, there would be NO need to 'restore the state of the volatile storage."' (App. Br. 26 (emphasis added).) We agree with Appellant. Best's paragraph 21 states "[d]ata may similarly be transferred in the opposite direction from the non-volatile die ... to the volatile storage die," which does not teach a processor does not write the system-state information to the volatile memory, as recited in claim 32. (See Best i-f 21 (emphasis added).) Best's paragraph 24 (cited by the Examiner) describes volatile and non-volatile storage devices having "non- overlapping address ranges," but does not disclose a processor not writing system-state information to the volatile memory, as claimed. (See Best ,-r 24.) As the Examiner has not identified sufficient evidence to support the rejection of claim 32, we do not sustain the Examiner's§ 103(a) rejection of claim 32. Rejection of Claims 33 and 34 under 35 USC§ 103(a) Claim 3 3 depends from claim 9, and further recites "the shadow copy controller directly interfaces with the non-volatile memory," and "the memory controller directly interfaces with the volatile memory and indirectly interfaces with the non-volatile memory through the shadow copy controller." 14 Appeal 2018-000636 Application 12/828,815 Appellant argues Aho, Best, and Kilbuck do not disclose the controllers recited in claim 33, and "the Office dismisses this claim as being 'rejected for the same reason as presented in Claim 9 above."' (App. Br. 26-27.) The Examiner, however, has cited Best's Figures 3-7 against claim 33. (Ans. 13-14 (citing Best i-fi-f 12, 25, 28-29, and Figs. 3-7).) We agree with the Examiner that Best's Figures 3-7 teach and suggest controllers as recited in claim 33. For example, Best's Figure 3 discloses (i) a shadow copy controller (non-volatile control circuit 137) directly interfaces with the non-volatile memory (NV /Flash memory array die), and (ii) a memory controller (DRAM control circuit 129) directly interfaces with the volatile memory (DRAM memory array die) and indirectly inteifaces with the non-volatile memory (NV /Flash memory array die) through the shadow copy controller (non-volatile control circuit 137). (See Best, Fig. 3.) Best's memory controller thus enables a "systematic write-back from the DRAM [volatile memory] to a Flash memory [non-volatile memory] to provide a non-volatile image of the DRAM contents." (Ans. 14 (citing Best i-f 12).) As Appellant's arguments have not persuaded us of error in the Examiner's rejection of claim 33, we sustain the Examiner's§ 103(a) rejection of claim 33 and claim 34, for which Appellant provides the same arguments. (App. Br. 27 .) DECISION The Examiner's rejection of claim 32 under 35 U.S.C. § 112(a) or 35 U.S.C. § 112 (pre-AIA), first paragraph, is reversed. 15 Appeal 2018-000636 Application 12/828,815 The Examiner's rejection of claims 1-3, 5-9, 11-31, 33, and 34 under 35 U.S.C. § 103(a) is affirmed. The Examiner's rejection of claim 32 under 35 U.S.C. § 103(a) is reversed. 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-IN-PART 16 Copy with citationCopy as parenthetical citation