Ex Parte Jayaseelan et alDownload PDFPatent Trial and Appeal BoardJul 31, 201813739161 (P.T.A.B. Jul. 31, 2018) Copy Citation UNITED STA TES p A TENT AND TRADEMARK OFFICE APPLICATION NO. FILING DATE FIRST NAMED INVENTOR 13/739, 161 01/11/2013 Ramkumar Jayaseelan 109712 7590 08/02/2018 Advanced Micro Devices, Inc. c/o Davidson Sheehan LLP 6836 Austin Center Blvd. Suite 320 Austin, TX 78731 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. 1458-120158 1373 EXAMINER HUSON, ZACHARY K ART UNIT PAPER NUMBER 2181 NOTIFICATION DATE DELIVERY MODE 08/02/2018 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): docketing@ds-patent.com AMD@DS-patent.com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD Ex parte RAMKUMAR JAY ASEELAN and RA VINDRA N. BHARGA VA Appeal2018-001007 Application 13/739,161 1 Technology Center 2100 Before TERRENCE W. McMILLIN, KARA L. SZPONDOWSKI, and SCOTT B. HOWARD, Administrative Patent Judges. McMILLIN, Administrative Patent Judge. DECISION ON APPEAL This is a decision on appeal under 35 U.S.C. § 134(a) of the final rejection of claims 1--4, 6-16, 18-23, and 25. Claims 5, 17, and 24 stand objected to as being dependent upon a rejected base claim but are otherwise allowable. Final Act. 7. We have jurisdiction under 35 U.S.C. § 6(b). We AFFIRM. 1 According to Appellants, the real party in interest is Advanced Micro Devices, Inc. App. Br. 1. Appeal2018-001007 Application 13/739,161 THE CLAIMED INVENTION The present invention relates generally to "thread selection at a processor." Spec. ,r 1. Independent claims 1 and 10 are directed to methods; independent claim 13 is directed to a processor; and independent claim 20 is directed to a non-transitory computer readable medium. App. Br. 12, 14--16. Claim 1, reproduced below, is representative of the claimed subject matter: 1. A method, comprising: selecting one of a first thread and a second thread for processing at a first stage of an instruction pipeline of a processor based on a first branch prediction confidence for the first thread and a second branch prediction confidence for the second thread, the processor prioritizing the thread having the higher of the first and second branch prediction confidence. REJECTION ON APPEAL Claims 1--4, 6-16, 18-23, and 25 stand rejected under 35 U.S.C. § I03(a) as being unpatentable over Gschwind et al. (US 2009/0193231 Al; published July 30, 2009) ("Gschwind") and Burcea et al. (US 2013/0007423 Al; published Jan. 3, 2013) ("Burcea"). Ans. 2. ANALYSIS Claims 1--4, 7-16, and 19-23 Claim 1 recites "the processor prioritizing the thread having the higher of the first and second branch prediction confidence." The Examiner finds Burcea's lower confidence branches being given lower priority teaches the processor prioritizing the thread having the higher 2 Appeal2018-001007 Application 13/739,161 confidence. Ans. 3 ( citing Burcea ,r 19). According to the Examiner, it would have been obvious to combine Burcea with Gschwind because Burcea teaches a "well-known technique intended to reduce the proportion of instructions fetched and executed from a wrong path." Ans. 3. Appellants contend replacing "Gschwind's teachings of prioritizing lower confidence levels with Burcea's prioritizing of higher confidence branches would change the operations of and render Gschwind unsatisfactory for its intended purpose (i.e., prioritizing low confidence level branches to fetch the redirect instructions address sooner rather than later)." App. Br. 8; see Reply Br. 3--4 (citing In re Gordon, 733 F.2d 900, 902 (Fed. Cir. 1984)). We are not persuaded by Appellants' arguments. We agree with the Examiner that Gschwind' s intended purpose is "improving thread selection in a multithreaded processor of an information handling system," and that Burcea's "prioritizing threads with a higher confidence" does not render Gschwind unsatisfactory for this purpose. Ans. 8-9. Contrary to Appellants' arguments, Gschwind's disclosure is broader than simply "prioritizing low confidence level branches to fetch the redirect instructions address sooner rather than later." See, e.g. Gschwind ,r,r 5-6, claims 1, 8, 15. Rather, as cited by the Examiner (Ans. 8), Gschwind is directed toward a "thread priority controller" that "changes a priority of the particular instruction thread in response to the branch issue information." Gschwind ,r 6. As cited by the Examiner (Ans. 8), Burcea discloses "an approach where threads with low confidence in-flight branches are given lower priority for instruction fetch" and a technique "has also been implemented 3 Appeal2018-001007 Application 13/739,161 that favors threads with more L 1 data cache misses in an attempt to provide more resources for slow threads." Burcea ,r 19. In other words, Burcea teaches prioritizing threads with higher confidence (i.e., giving low confidence threads lower priority), and also prioritizing threads with lower confidence (i.e., favoring threads with more LI data cache misses). Therefore, we agree with the Examiner that Burcea teaches "many alternative methods of achieving the same goal of effectively utilizing resources to further improve efficiency of multi-thread systems," including prioritizing threads with higher confidence as claimed. Ans. 9. Appellants have not provided persuasive argument or evidence that the claimed "processor prioritizing the thread having the higher of the first and second branch prediction confidence" is not taught or otherwise suggested by Burcea's giving lower priority to low confidence threads. Accordingly, we sustain the 35 U.S.C. § 103 rejection of independent claim 1, as well as the rejections of independent claims 10, 13, and 20, and dependent claims 2--4, 7-9, 11, 12, 14--16, 19, and 21-23, not separately argued. See App. Br. 9, 10. Claims 6, 18, and 25 Claim 6 recites "determining a plurality of branch predictions for the first thread based on a plurality of branch prediction techniques; and identifying the first branch prediction confidence based on a number of the plurality of branch predictions." The Examiner finds Gschwind teaches different branch prediction techniques such as using a branch predictor, using a confidence queue for 4 Appeal2018-001007 Application 13/739,161 each particular branch instruction, and based on the type of branch instruction. Ans. 9 ( citing Gschwind ,r,r 21, 23, 24 ). Appellants contend Gschwind teaches "comparing whether a single branch prediction confidence exceeds a predetermined threshold," but not "that the branch prediction confidence is based on the number of multiple branch predictions from different branch prediction techniques that exceed a threshold number." App. Br. 10. We are not persuaded by Appellants' arguments. As cited by the Examiner (Ans. 9), Gschwind teaches a "branch predictor 310" (Gschwind ,r 21 ), using a "confidence queue" to store confidence information "that indicates the level of confidence in the prediction of the particular branch that branch predictor 310 provides" (Gschwind ,r 23), and basing "the confidence in a branch prediction on a confidence value derived at branch instruction prediction time" (Gschwind ,r 24). In other words, Gschwind teaches various branch prediction techniques used to identify branch prediction confidence. Appellants have not rebutted the Examiner's findings, or provided any persuasive argument or evidence that the claimed "determining a plurality of branch predictions for the first thread based on a plurality of branch prediction techniques; and identifying the first branch prediction confidence based on a number of the plurality of branch predictions" is not taught or otherwise suggested by Gschwind' s use of various branch prediction techniques to identify branch prediction confidence. Accordingly, we sustain the 35 U.S.C. § 103 rejection of dependent claim 6 and commensurate dependent claims 18 and 25. 5 Appeal2018-001007 Application 13/739,161 DECISION The Examiner's rejection of claims 1--4, 6-16, 18-23, and 25 under 35 U.S.C. § 103 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 6 Copy with citationCopy as parenthetical citation