Ex Parte Sutardja

Patent Trial and Appeal Board

Jul 31, 2014

12150632 (P.T.A.B. Jul. 31, 2014)

UNITED STATES PATENT AND TRADEMARK OFFICE
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BEFORE THE PATENT TRIAL AND APPEAL BOARD
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Ex parte SEHAT SUTARDJA
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Appeal 2012-002733
Application 12/150,6321
Technology Center 2800
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Before CHUNG K. PAK, MARK NAGUMO, and GEORGE C BEST,
Administrative Patent Judges.

PAK, Administrative Patent Judge.

DECISION ON APPEAL

This is a decision on an appeal2 under 35 U.S.C. § 134(a) from the
Examiner’s decision3 finally rejecting claims 2 through 11, which are all of the
claims pending in the above-identified application. We have jurisdiction under 35
U.S.C. § 6(b).
We REVERSE.

1 The Real Party in Interest is Marvell World Trade Ltd. (Appeal Brief filed July
15, 2011 (“App. Br.”) at 3.)
2 App. Br. 3 and Reply Brief filed November 28, 2011 (“Reply Br.”) at 3.
3 Final Office Action mailed February 17, 2011.
Appeal 2012-002733
Application 12/150,632

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I. STATEMENT OF THE CASE
The subject matter on appeal is directed to “digital to analog (D/A) and
analog to digital (A/D) converters, and more particularity to capacitive and/or
resistive D/A and A/D converters.” (Spec. 1, ¶ [0002].) Figure 8B, which is
illustrative of the appealed subject matter, is reproduced below:

Figure 8B “is an electrical schematic of a capacitive-capacitive D/A
converter in a sample and integrate configuration.” (Spec. 15, ¶ [0047].)
Figure 8B shows nested segmented capacitive-capacitive D/A converter 108
comprising amplifier 20, switches 16 and 18, first capacitive portion 110,
and second capacitor portion 150. (Spec. 24-25, ¶ [0093].) First capacitive
portion 110 includes capacitors C1M, C2M, C3M, and C4M and resistive
switches SW1MSB, SW2MSB, SW3MSB, and SW4MSB for connecting the Cm
capacitors to voltage reference, reference potential such as ground, or
common node 130. (Spec. 19, 24-25 and 27-28, ¶¶ [0081], [0093], [103].)
Appeal 2012-002733
Application 12/150,632

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Second capacitive portion 150 has capacitors C1L, C2L, C3L, and C4L, resistive
switches SW1LSB, SW2LSB, SW3LSB, and SW4LSB for connecting the CL
capacitors to voltage reference, reference potential such as ground, and
common node 130 and switch 154.4 (Spec. 20, 24-25 and 27-28, ¶¶ [0084],
[0093], [0094], [0103], and [0104].) The switches must be arranged or
connected in a particular manner in the capacitive-capacitive D/A converter
illustrated in Figure 8B to provide non-overlapping and overlapping
sampling and integrating phases for first and second (MSB and LSBN)
capacitive portions 110 and 150. (Spec. 20-23 and 25-28, ¶¶ [0083] to
[0090], [0094] to [0097], [0103], and [0104].)
Details of the appealed subject matter are recited in illustrative claim 25
reproduced below from the Claims Appendix of the Appeal Brief:
2. A circuit comprising:
an amplifier;
N capacitances that include i) first ends that communicate with
an input of the amplifier and ii) second ends;
a first switch configured to selectively connect the input of the
amplifier to a reference potential during a first phase; and
N switches configured to:
connect each of the second ends of the N capacitances to
a voltage input, the reference potential and a voltage reference;
and
selectively connect each of the second ends of the
N capacitances to one of a voltage input, the reference potential

4 The Specification refers (we assume inadvertently) to switch 154 as “switch
152.” (Spec. 25-26, ¶¶ [0094] to [0097].) Figure 8B, in second capacitive
portion 150, shows amplifier “152” and switch “154”.
5 Independent claim 2 is the broadest claim on appeal.

Appeal 2012-002733
Application 12/150,632

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and a voltage reference during a second phase, wherein the
first and second phases are non-overlapping.
(App. Br. 13 (emphasis added).)
Appellant seeks review of the following grounds of rejection maintained in
the Examiner’s Answer mailed September 29, 2011 (“Ans.”):
1. Claims 2 through 7 and 9 through 11 under 35 U.S.C. § 103(a) as
unpatentable over the combined disclosures of U.S. Patent Application Publication
2003/0234736 A1 published in the name of Tachibana et al. on December 25,
2003(“Tachibana”) and U.S. Patent 6,762,706 B2 issued to Fong et al. on July 13,
2004 (“Fong”); and
2. Claim 8 under 35 U.S.C. § 103(a) as unpatentable over the combined
disclosures of Tachibana, Fong, and U.S. Patent Application Publication
2005/0078026 A1 published in the name of Cai on April 14, 2005 (“Cai”). (App.
Br. 5 and Reply Br. 4.)
II. ISSUE AND CONCLUSION
The dispositive question in this case is: Has the Examiner demonstrated that
one of ordinary skill in the art would have been led to modify the specific analog-
to-digital converter taught by Tachibana based on Fong’s teaching of employing
non-overlapping clock signals for reducing the leakage and feed-through problem
associated with its specific cyclical analog-to-digital converter? On this record, we
answer this question in the negative.
III. DISCUSSION
As acknowledged by the Examiner, Tachibana does not teach an analog-to-
digital converter having an amplifier, N capacitances, a first switch, and
N switches specifically configured to provide non-overlapping first and second
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Application 12/150,632

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phases. (Ans. 5.) Although the Examiner relies on Fong6 to show obviousness of
modifying the analog-to-digital converter taught by Tachibana for the purpose of
providing non-overlapping first and second phases, the Examiner has not
demonstrated that such non-overlapping phase arrangement for reducing the
leakage and feed-through problem associated with Fong’s specific cyclical A/D
converter depicted in Figure 4 is useful for the specifically designed analog-to-
digital converter taught by Tachibana. (Ans. 5, 7, and 8.) In particular, the
Examiner has not shown, much less explained, that Fong’s cyclical A/D converter
is either structurally similar or equivalent to the analog-to-digital converter taught
by Tachibana such that one of ordinary skill in the art would have reasonably
expected that the non-overlapping phase arrangement useful for Fong’s specific
cyclical A/D converter is also useful for the analog-to-digital converter taught by
Tachibana. (Id.)
Accordingly, on this record, we are constrained to agree with Appellant that
the Examiner has not demonstrated that one of ordinary skill in the art, armed with
the knowledge reflected in Tachibana and Fong, with or without Cai, would have
been led to the subject matter recited in claims 2 through 11 within the meaning of
35 U.S.C. § 103(a).
IV. ORDER
Upon consideration of the record, and for the reasons given above and in the
Appeal Brief, it is
ORDERED that the decision of the Examiner to reject the claims on appeal
under 35 U.S.C. §103(a) is REVERSED.

6 The Examiner does not rely on Cai to show a non-overlapping phase arrangement
for an analog-to-digital converter. (Ans. 7.)
Appeal 2012-002733
Application 12/150,632

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REVERSED

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