Ex Parte GraefDownload PDFPatent Trial and Appeal BoardJun 16, 201612750871 (P.T.A.B. Jun. 16, 2016) Copy Citation UNITED STA TES p A TENT AND TRADEMARK OFFICE APPLICATION NO. FILING DATE 121750,871 03/31/2010 57299 7590 06/20/2016 Kathy Manke A vago Technologies Limited 4380 Ziegler Road Fort Collins, CO 80525 FIRST NAMED INVENTOR Nils Graef 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. L09-0749US1 9589 EXAMINER MCCARTHY, CHRISTOPHER S ART UNIT PAPER NUMBER 2113 NOTIFICATION DATE DELIVERY MODE 06/20/2016 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): kathy.manke@broadcom.com patent.info@broadcom.com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD Ex parte NILS GRAEF Appeal2014-005930 Application 12/750,871 Technology Center 2100 Before DEBRA K. STEPHENS, JASON V. MORGAN, and MICHAEL J. ENGLE, Administrative Patent Judges. STEPHENS, Administrative Patent Judge. STATEMENT OF THE CASE Appellant appeals under 35 U.S.C. § 134(a) from a Final Rejection of claims 1-22. We have jurisdiction under 35 U.S.C. § 6(b). We AFFIRM-IN-PART. STATEMENT OF THE INVENTION According to Appellants, the claims are directed to signal processing techniques and, more specifically, a hard input low density parity check Appeal2014-005930 Application 12/750,871 decoder (Abstract; Spec. if 2). Claims 1 and 10, reproduced below, are representative of the claimed subject matter: 1. A hard-decision decoder for decoding one or more error- correcting (EC) codewords, said decoder comprising: a bit-flipping decoder that flips one or more bit nodes connected to one or more unsatisfied parity checks; and a syndrome calculator that performs a parity check to determine whether said bit-flipping decoder has converged on a valid codeword, wherein said bit-flipping decoder and said syndrome calculator share one or more logic elements. 10. A method for decoding one or more error-correcting (EC) codewords, said method comprising: flipping one or more bit nodes connected to one or more unsatisfied parity checks; and updating one or more parity check equations associated with said one or more bit nodes each time said one or more bit nodes are flipped. REFERENCES The prior art relied upon by the Examiner in rejecting the claims on appeal is: Tran Yedidia O'Neill US 2006/0085720 Al US 2006/0161830 Al US 2009/0164874 Al REJECTIONS Apr. 20, 2006 July 20, 2006 June 25, 2009 Claims 1-3, 8-17, 21, and 22 stand rejected under 35 U.S.C. § 102(b) as being anticipated by Yedidia (Final Act. 2--4). 2 Appeal2014-005930 Application 12/750,871 Claims 4---6 and 18-20 stand rejected under 35 U.S.C. § 103(a) as being unpatentable over Y edidia and 0 'Neill (Final Act. 4--5). Claim 7 stands rejected under 35 U.S.C. § 103(a) as being unpatentable over Yedidia, O'Neill, and Tran (Final Act. 5---6). ISSUES 35 U.S.C. § 102(b): Claims 1-3, 8-17, 21, and 22 Appellants argue their invention is not anticipated by Yedidia (App. Br. 3-7). The issues presented by the arguments are: Issue 1: Has the Examiner erred in finding Y edidia discloses "a syndrome calculator that performs a parity check to determine whether said bit-flipping decoder has converged on a valid codeword, wherein said bit- flipping decoder and said syndrome calculator share one or more logic elements," as recited in claim 1? Issue 2: Has the Examiner erred in finding Y edidia discloses "wherein said flipping step and said performing step use one or more common logic elements," as recited in claim 15? Issue 3: Has the Examiner erred in finding Y edidia discloses "updating one or more parity check equations associated with said one or more bit nodes each time said one or more bit nodes are flipped," as recited in claim 1 O? ANALYSIS Issue 1: Appellants contend the Examiner has not specifically set forth where Y edidia discloses the recited syndrome calculator because the only 3 Appeal2014-005930 Application 12/750,871 paragraphs cited by the Examiner do not disclose Y edidia' s termination checker 752 "performs a parity check" (App. Br. 4). Rather, Appellants argue, Yedidia discloses "termination checker 752 determines whether the currently most reliable bit estimates correspond to a codeword of the error- correcting code, or whether another termination condition has been reached" (App. Br. 4 ). Appellants further assert Y edidia does not disclose any of the logic elements that calculate the syndrome, and more specifically, does not disclose a bit-flipping decoder and a syndrome calculator share one or more logic elements (id.). Pointing to Appellants' Specification (see Spec. i-fi-18, 19, and 61), the Examiner determines a "logic element" is broadly defined by Appellants and thus, may be interpreted as any element of a system, including a processor and a memory, "both of which are implicitly shared" and including connections which are shared between components (Ans. 6-7). We agree with the Examiner's interpretation of "logic element." Appellants have not explicitly defined "logic element" in their Specification. Although Appellants contend paragraph 8 of their Specification which states "shared logic elements may comprise,for example, cross connection circuit elements (such as Barrel shifters), exclusive OR gates and/or memory elements" (emphases added) supports their assertion that memory elements are not overall memory, we are not persuaded. We note the description uses terms such as "may" and "for example" and thus, does not limit the term "logic element." Further, as the term "element" is not defined explicitly, we are not persuaded, taking a broad, but reasonable interpretation in light of the Specification, a "memory element" excludes an overall memory. 4 Appeal2014-005930 Application 12/750,871 Furthermore, with respect to claim 1, we are not persuaded by Appellants' argument that the logic elements are not shared (App. Br. 5). Specifically, Appellants' proffer a definition of "shared," without evidence that this would have been the definition as understood by an ordinarily skilled artisan, at the time of the invention. Indeed, we look to Merriam- Webster Collegiate Dictionary, and construe the term "share" as "to partake of, use, experience, occupy, or enjoy with others" (Merriam-Webster Collegiate Dictionary 1144 (11th ed. 2007) ). It follows, in light of this interpretation, we find Y edidia' s various elements share logic as all the elements, including the memory and connection elements such as the control block. As set forth in Yedidia, the control block is shared, and specifically, the reliability assigner is shared between the sub-decoder and the termination checker (Yedidia i-fi-196-98). Thus, we find the sub-decoder and the termination checker disclosed in Y edidia share one or more logic elements because the logic elements partake of or use (and even are "joined" with) each other. Accordingly, we are not persuaded by Appellants' arguments that the Examiner's interpretation of the disputed recitation is in error. It follows, we are not persuaded by Appellants' arguments that Y edidia fails to disclose "a syndrome calculator that performs a parity check to determine whether said bit-flipping decoder has converged on a valid codeword, wherein said bit-flipping decoder and said syndrome calculator share one or more logic elements," as recited in claim 1. Issue 2: With respect to claim 15, Appellants' argue Y edidia does not disclose the recited "a flipping step and a performing a parity check step using one or 5 Appeal2014-005930 Application 12/750,871 more common logic elements" (App. Br. 3-5). The term "common" is not defined explicitly in Appellants' Specification and as set forth above, the term "logic elements" also is not defined explicitly. Appellants have not proffered sufficient evidence or argument to persuade us of error in the Examiner's findings that Yedidia discloses the flipping step and the performing a parity check step, use one or more common logic elements (id.; Final Act. 3). Issue 3: With respect to claim 10, Appellants argue unlike the Gallagher B algorithm of Y edidia, which recalculates all check equations for each iteration from scratch, the present invention discloses every time an information bit is flipped, its four related parity check equations are updated (App. Br. 5). Specifically, according to Appellants, the invention as recited in claim 10 requires "updating one or more parity check equations associated with said one or more bit nodes each time said one or more bit nodes are flipped" (id. at 4). The Examiner finds "calculating after each iteration 'updates' the accuracy of the equation, and the specification does not disqualify 'starting from scratch' the calculations of the equation" (Ans. 7). We agree with the Examiner that the claim does not preclude calculating from scratch, the parity check equations associated with the bit nodes. Indeed, even construing "update" as asserted by Appellant, calculating the parity check equations from scratch is incorporating new or more accurate information in the parity check equations (see Reply Br. 6). Appellants argue the Examiner has not shown Y edidia discloses the parity check equations are updated each time the bit node( s) are flipped in 6 Appeal2014-005930 Application 12/750,871 reliance upon discussion of a Gallagher algorithm in Y edidia (App. Br. 5-6). We agree Y edidia discloses updating of values in the decoder (Final Act. 7). Specifically, Yedidia describes that in a bit-flipping (BF) decoder, "[a]t every iteration, the estimates for each symbol are updated in parallel" (Y edidia i-f 66). Y edidia further describes "at each iteration, the syndrome for each parity check is computed" and "[i]f a number of those parity checks greater than a pre-defined threshold are unsatisfied, then the corresponding bit is flipped" (id. i-f 29). However, the Examiner has not specifically identified where Y edidia describes the updating of the parity check equations occurs each time one or more bit nodes are flipped. Thus, we are constrained to find Appellants' arguments that Y edidia fails to disclose "updating one or more parity check equations associated with said one or more bit nodes each time said one or more bit nodes are flipped," as recited in claim 10, are persuasive. Appellants' arguments with respect to claims 8 and 21 (App. Br. 7) are not persuasive as Appellants have not proffered sufficient evidence or argument to persuade us Y edidia does not disclose "updating parity checks," as recited in claim 8 and 21. Accordingly, we are not persuaded the Examiner erred in finding Y edidia discloses the invention as recited in independent claims 1 and 15 and dependent claims 2, 3, 8, 9, 16, 17, 21, and 22, not separately argued. Therefore, we sustain the rejection of claims 1-3, 8, 9, 15-17, 21, and 22 under 35 U.S.C. § 102(b) for anticipation by Yedidia. We, however, are constrained to reverse the Examiner's rejection of independent claim 10 under 35 U.S.C. § 102(b) for anticipation by Yedidia. Claims 11-14 stand with independent claim 10 from which they depend. 7 Appeal2014-005930 Application 12/750,871 35 U.S.C. § 103(a): Claims 4-6 and 18-20 Appellants assert their invention as recited in claims 6 and 20 are not obvious over Yedidia and O'Neill because Yedidia does not teach the claimed shared logic elements and 0 'Neill does not disclose the logic elements are shared (App. Br. 6-7). We are not persuaded. As set forth above with respect to claim 1, we are not persuaded by Appellants' arguments that Y edidia fails to disclose shared logic elements. Appellants have not persuaded us the combination of Yedidia and O'Neill fails to teach "said shared logic elements comprise one or more of cross connection circuit elements, exclusive OR gates and memory elements," as recited in claims 6 and similarly recited in claim 20. Therefore, we are not persuaded the Examiner erred in rejecting claims 6 and 20. Appellants did not separately argue claims 4, 5, 18, and 19. Thus, these claims fall with their respective independent claims, claims 1 and 15. Accordingly, we sustain the rejection of claims 4---6 and 18-20 under 35 U.S.C. § 103(a) for obviousness over Yedidia and O'Neill. 35 U.S.C. § 103(a): Claim 7 Appellants assert their invention is not obvious over Yedidia, O'Neill, and Tran because Y edidia does not disclose the claimed shared logic elements comprise cross connection circuit elements comprising Barrel shifters and Tran does not disclose shared logic elements (App. Br. 7). We are not persuaded. As set forth above, we are not persuaded Y edidia fails to disclose shared logic elements. As the Examiner relies on Tran for teaching 8 Appeal2014-005930 Application 12/750,871 the cross connection elements comprise Barrel shifters (Final Act. 6), Appellants have not persuaded us the combination fails to teach "said cross connection circuit elements comprise Barrel shifters," as recited in claim 7. Therefore, we sustain the rejection of claims 7 under 35 U.S.C. § 103(a) for obviousness over Yedidia, O'Neill, and Tran. DECISION The Examiner's rejection of claims 1-3, 8, 9, 15-17, 21, and 22 under 35 U.S.C. § 102(b) as being anticipated by Yedidia is affirmed. The Examiner's rejection of claims 10-14 under 35 U.S.C. § 102(b) as being anticipated by Y edidia is reversed. The Examiner's rejection of claims 4---6 and 18-20 under 35 U.S.C. § 103 (a) as being unpatentable over Y edidia and 0 'Neill is affirmed. The Examiner's rejection of claims 7 under 35 U.S.C. § 103(a) as being unpatentable over Yedidia, O'Neill, and Tran 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)(l )(iv). AFFIRMED-IN-PART 9 Copy with citationCopy as parenthetical citation