Ex Parte Naven

Patent Trial and Appeal Board

Jun 11, 2018

14165373 (P.T.A.B. Jun. 11, 2018)

UNITED STA TES p A TENT AND TRADEMARK OFFICE
APPLICATION NO. FILING DATE
14/165,373 01/27/2014
15747 7590 06/13/2018
Dorsey & Whitney LLP-IP Dept.-MTI
Columbia Center
701 5th Avenue, suite 6100
Seattle, WA 98104-7043
FIRST NAMED INVENTOR
FINBAR NA VEN
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.
P233924.US.02 6504
EXAMINER
SEFCHECK, GREGORY B
ART UNIT PAPER NUMBER
2477
NOTIFICATION DATE DELIVERY MODE
06/13/2018 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):
ip.docket.se@dorsey.com
bingemang@dorsey.foundationip.com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte FINBAR NA VEN
Appeal 2017-011214
Application 14/165,373 1
Technology Center 2400
Before CARL W. WHITEHEAD JR., MICHAEL M. BARRY, and
MICHAEL J. ENGLE, Administrative Patent Judges.
ENGLE, Administrative Patent Judge.
DECISION ON APPEAL
Appellant appeals under 35 U.S.C. § 134(a) from a final rejection of
claims 1-20. We have jurisdiction under 35 U.S.C. § 6(b ).
We AFFIRM.
Technology
The application relates to "processing a queue of data packets." Spec.
Illustrative Claim
Claim 1 is illustrative and reproduced below with the limitations at
issue emphasized:
1 According to Appellant, the real party in interest is Micron Technology,
Inc. Br. 3.
Appeal 2017-011214
Application 14/165,373
1. An apparatus, comprising:
a plurality of output ports, each output port of the plurality
of output ports having an associated state parameter counter,
wherein the state parameter counter is configured to be indicative
of an operational state of a device external to the apparatus and
connected to that output port; and
a shared queue configured to store packets received on a
plurality of input ports with an entry in the shared queue
including both the packets received and a value of the state
parameter associated with the output port on which the packet is
to be directed at the time the packet was received;
wherein a state parameter counter associated with an
output port is updated based on detection of an event associated
with the device external to the apparatus and connected to that
output port; and
wherein a packet at the head of the shared queue is
processed based on a comparison of the state parameter value
stored in the shared queue with the packet and a current value of
the state parameter counter of the output port on which the packet
is to be transmitted.
Rejections
Claims 1-6 and 8-20 stand rejected under 35 U.S.C. § I03(a) as
obvious over the combination of Savoldi et al. (US 7,324,428 Bl; Jan. 29,
2008) and Susnow et al. (US 7,190,667 B2; Mar. 13, 2007). Final Act. 2-9.
Claim 7 stands rejected under 35 U.S.C. § I03(a) as obvious over the
combination of Savoldi, Susnow, and Iannarone et al. (US 4,945,548; July
31, 1990). Final Act. 9.
ISSUE
Did the Examiner err in finding Savoldi teaches or suggests "a shared
queue configured to store packets received on a plurality of input ports with
an entry in the shared queue including both the packets received and a value
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Appeal 2017-011214
Application 14/165,373
of the state parameter associated with the output port on which the packet is
to be directed at the time the packet was received," as recited in claim 1?
ANALYSIS
Claim 1 recites "a shared queue configured to store packets received
on a plurality of input ports with an entry in the shared queue including both
the packets received and a value of the state parameter associated with the
output port on which the packet is to be directed at the time the packet was
received."
Appellant argues "Savoldi discloses two separate memories as
opposed to a shared queue, as recited in claim 1." App. Br. 10. According
to Appellant, Savoldi discloses:
[T]he packets and their associated descriptors are split up and
stored in separate memories that are linked only by a pointer.
While the point[ er] can link individual entries in the packet
memory 220 and the queue memory 230, the two memories must
still be accessed by their respective components (processors 212
for the packet memory 220 and DMA engine 250 for the queue
memory 230).
App. Br. 10-11. Appellant further contends "Savoldi provides no
motivation to modify the dual memory system into a single memory that
includes both the packet and the descriptor." Id. at 11.
The Examiner finds "[c]ontrary to Appellant's arguments, there is no
express requirement in the claims that the 'shared queue' be of a single data
structure that is accessed by a single processor/component." Ans. 11.
We agree with the Examiner. "Savoldi clearly describes how the
descriptor in queue memory includes pointer 305 that 'references a location
of the packet in the packet memory."' Ans. 11 (citing Savoldi Fig. 3, 4:58-
5: 10). Appellant has not persuaded us that the claims as presently written
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Application 14/165,373
prohibit a pointer, nor that the claimed "shared queue" must be contained
within a single memory on a single device. Under the broadest reasonable
interpretation, use of pointers and other memories is one way "a shared
queue" can be "configured to store packets" and an entry can "include" a
packet. Appellant has not identified anything in the claim language or
Specification necessitating a narrower construction.
Accordingly, we sustain the Examiner's rejections of claim 1, and
claims 2-20, which Appellant argues are patentable for similar reasons. See
App. Br. 12; 37 C.F.R. § 4I.37(c)(l)(iv).
DECISION
For the reasons above, we affirm the Examiner's decision rejecting
claims 1-20.
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a). See 37 C.F.R.
§ 41.50(±).
AFFIRMED
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