Ex Parte DAN

Patent Trial and Appeal Board

Jan 28, 2019

14864135 (P.T.A.B. Jan. 28, 2019)

UNITED STA TES p A TENT AND TRADEMARK OFFICE
APPLICATION NO. FILING DATE FIRST NAMED INVENTOR
14/864,135 09/24/2015 ToruDAN
132167 7590 01/30/2019
SEMICONDUCTOR COMPONENTS INDUSTRIES, LLC (PP)
5005 E. McDowell Road
Maildrop A700
Phoenix, AZ 85008
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.
ONS01826US 3823
EXAMINER
FOTAKIS, ARISTOCRATIS
ART UNIT PAPER NUMBER
2633
NOTIFICATION DATE DELIVERY MODE
01/30/2019 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):
patents@onsemi.com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte TORU DAN
Appeal2018-005770
Application 14/864,135
Technology Center 2600
Before MAHSHID D. SAADAT, JOHNNY A. KUMAR, and
STEVEN M. AMUNDSON, Administrative Patent Judges.
AMUNDSON, Administrative Patent Judge.
DECISION ON APPEAL
Appellant1 seeks our review under 35 U.S.C. § 134(a) from a final
rejection of claims 1-20, i.e., all pending claims. We have jurisdiction under
35 U.S.C. § 6(b ).
We reverse.
1 Appellant identifies the real party in interest as Semiconductor
Components Industries, LLC. App. Br. 3.
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Application 14/864, 13 5
STATEMENT OF THE CASE
The Invention
According to the Specification, the invention "relates generally to
clock generator circuits, and more particularly to spread spectrum clock
generator circuits." Spec. ,r 1. 2 The Specification explains that ( 1) "a spread
spectrum clock generator includes a clock generator and a modulator";
(2) "[t]he clock generator modulates a frequency of a reference clock signal
using a modulation signal to provide a spread spectrum clock signal"; and
(3) "[t]he modulator generates the modulation signal according to a desired
profile conditioned by an inverse of' the clock generator's "characteristic
transfer function." Id. Abstract; see id. ,r,r 34--38.
Exemplary Claim
Independent claim 1 exemplifies the claims at issue and reads as
follows (with formatting added for clarity):
1. A spread spectrum clock signal generator comprising:
a clock generator for modulating a frequency of a
reference clock signal using a modulation signal to provide a
spread spectrum clock signal, said clock generator having a
characteristic transfer function that varies with values of a
frequency of said reference clock signal and a nominal
frequency of said reference clock signal can vary over a range
of frequencies; and
2 This decision uses the following abbreviations: "Spec." for the
Specification, filed September 24, 2015; "Final Act." for the Final Office
Action, mailed June 22, 2017; "App. Br." for the Appeal Brief, filed
November 15, 2017; "Ans." for the Examiner's Answer, mailed
February 28, 2018; and "Reply Br." for the Reply Brief, filed April 26,
2018.
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Application 14/864, 13 5
a modulator for generating said modulation signal
according to a desired profile conditioned by an inverse of said
characteristic transfer function of said clock generator at a
current nominal value of said frequency of said reference clock
signal,
wherein said modulator comprises an inverse transfer
function filter and said modulator changes coefficients of said
inverse transfer function filter according to said current nominal
value of said frequency of said reference clock signal.
App. Br. 21 (Claims App.).
The Prior Art Supporting the Rejections on Appeal
As evidence ofunpatentability under 35 U.S.C. § 103, the Examiner
relies on the following prior art:
Zhang et al. ("Zhang") US 6,442,188 B 1
Castiglione et al. ("Castiglione") US 2003/0039330 Al
Yellin et al. ("Yellin") US 2005/0129142 Al
Chen
Bellaouar et al. ("Bellaouar")
US 2008/0063130 Al
US 2011/0163815 Al
Aug. 27, 2002
Feb.27,2003
June 16, 2005
Mar. 13, 2008
July 7, 2011
S.T. Lee et al., A Quad-Band GSM-GPRS Transmitter with Digital
Auto-Calibration, 39 IEEE JOURNAL OF SOLID-STATE CIRCUITS 2200-14
(Dec. 2004) ("Lee")
D.B.Y. Nguyen et al., A High-Precision Spread Spectrum Clock Generator
Based on a Fractional-N Phase Locked Loop, 74 ANALOG INTEGRATED
CIRCUITS & SIGNAL PROCESSING 661-65 (Mar. 2013) ("Nguyen")
The Re} ections on Appeal
Claims 1, 15, and 17-19 stand rejected under 35 U.S.C. § 103 as
unpatentable over Nguyen and Zhang. Final Act. 3-5.
Claims 2--4, 6, and 7 stand rejected under 35 U.S.C. § 103 as
unpatentable over Nguyen, Zhang, and Bellaouar. Final Act. 6-9.
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Claim 5 stands rejected under 35 U.S.C. § 103 as unpatentable over
Nguyen, Zhang, Bellaouar, and Yellin. Final Act. 9.
Claims 8 and 14 stand rejected under 35 U.S.C. § 103 as unpatentable
over Nguyen, Zhang, and Castiglione. Final Act. 10-13.
Claims 9-11 stand rejected under 35 U.S.C. § 103 as unpatentable
over Nguyen, Zhang, Castiglione, and Bellaouar. Final Act. 13-14.
Claims 12 and 13 stand rejected under 35 U.S.C. § 103 as
unpatentable over Nguyen, Zhang, Castiglione, Bellaouar, and Yellin. Final
Act. 15-16.
Claim 16 stands rejected under 35 U.S.C. § 103 as unpatentable over
Nguyen, Zhang, and Lee. Final Act. 5---6.
Claim 20 stands rejected under 35 U.S.C. § 103 as unpatentable over
Nguyen, Zhang, and Chen. Final Act. 9-10.
ANALYSIS
We have reviewed the rejections of claims 1-20 in light of
Appellant's arguments that the Examiner erred. Based on the record before
us and for the reasons explained below, we concur with Appellant's
contentions that the Examiner erred in finding that the cited portions of the
references teach or suggest a modulator with filter coefficients that vary
according to frequency variations in an input "reference clock signal."
The§ 103 Rejections of Claims 1, 8, 14, 15, and 17-19
INDEPENDENT CLAIMS 1 AND 15
Appellant argues that the Examiner erred in rejecting independent
claims 1 and 15 because ( 1) each claim requires an input "reference clock
signal" with a nominal frequency that can vary over a range and a modulator
with filter coefficients that vary according to frequency variations in the
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input "reference clock signal" and (2) the references do not disclose or
suggest the claimed modulator. See App. Br. 9-17; Reply Br. 2-7. Based
on the "the plain meaning of the words of the claims themselves" and the
Specification, Appellant asserts that "it is the frequency of the reference
clock signal of the clock generator that can vary, and the modulator adjusts
its coefficients in response to the current value of the frequency of the
reference clock signal." App. Br. 11-15; see Reply Br. 2--4. Appellant also
asserts that "[t]he signal that varies in frequency in Zhang is the output of
the spread spectrum clock generator, not the input." App. Br. 16.
In response, the Examiner notes that "[t]he claim does not specifically
recite whether the frequency variation occurs at the input or the output" of
the spread-spectrum clock generator. Ans. 3. The Examiner interprets the
nominal frequency that can vary over a range "to occur at the output" of the
spread-spectrum clock generator. Id. The Examiner finds that Zhang
discloses a spread-spectrum clock generator with a nominal frequency fNoM
from reference generator 13 that "can vary over a range of frequencies." Id.
at 4 ( emphasis omitted).
We agree with Appellant that the Examiner misinterprets claims 1
and 15. As Appellant asserts, each claim requires an input "reference clock
signal" with a nominal frequency that can vary over a range. App. Br. 21,
23-24 (Claims App.); see Spec. ,r,r 54, 67. For instance, in claim 1 "a spread
spectrum clock signal" output results from "modulating a frequency of a
reference clock signal" input. App. Br. 21 (Claims App.).
Further, the Specification explains that "[i]n order to compensate for
frequency changes in systems in which the REFERENCE CLOCK
FREQUENCY may vary, the inventor has discovered that the spread
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Application 14/864, 13 5
spectrum clock generator can be modified to include a calibration of FIR
filter coefficients for the particular REFERENCE CLOCK FREQUENCY
that is being used." Spec. ,r 54; see Reply Br. 6. The Specification
repeatedly describes and depicts the REFERENCE CLOCK SIGNAL as an
input to the spread-spectrum clock generator. See, e.g., Spec. ,r,r 34--35,
45--46, 49, 51-52, 62---63, Figs. 7, 10-12, 14, 16. The broadest reasonable
interpretation must "correspond[] with what and how the inventor describes
his invention in the specification." In re Smith Int'!, Inc., 871 F.3d 1375,
1382-83 (Fed. Cir. 2017).
Based on the record before us, we are persuaded by Appellant's
contention that the Examiner has not adequately explained how the cited
portions of Nguyen and Zhang teach or suggest a modulator with filter
coefficients that vary according to frequency variations in an input
"reference clock signal." For instance, Zhang's Figure 3 depicts an input
frequency f NOM that remains constant and an output frequency that varies
between a high frequency fa and a low frequency fL. Zhang 1 :24--2: 16,
2: 61---62, Fig. 3. Zhang describes frequency fNoM as "a constant fundamental
frequency." Id. at 1:32-35. Hence, we do not sustain the§ 103 rejection of
claims 1 and 15.
INDEPENDENT CLAIM 8
Appellant contends that independent claim 8 contains language
corresponding to the other independent claims and requires an input
"reference clock signal" with a nominal frequency that can vary over a range
and a modulator with filter coefficients that vary according to frequency
variations in the input "reference clock signal." App. Br. 10-15, 19. More
specifically, Appellant asserts that claim 8 "is similar to claim 1 in that the
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reference divider at the front end [input] of the clock generator receives the
reference clock signal, and the voltage controlled oscillator at the back end
[output] of the clock generator provides the spread spectrum clock signal."
Id. at 19. Appellant also asserts that the Examiner "applied Castiglione to
show the details of the clock generator that can be used in a spread spectrum
clock generator, but Castiglione does not disclose or otherwise render
obvious the elements missing from the combination of Nguyen and Zhang."
Id. We agree.
On this record, we are persuaded by Appellant's contention that the
Examiner has not shown how Castiglione overcomes the deficiency in
Nguy en and Zhang concerning a modulator with filter coefficients that vary
according to frequency variations in an input "reference clock signal."
Hence, we do not sustain the§ 103 rejection of claim 8.
DEPENDENT CLAIMS 14 AND 17-19
Claim 14 depends directly from claim 8, and claims 17-19 depend
directly or indirectly from claim 15. For the reasons discussed regarding the
independent claims, we do not sustain the § 103 rejection of claims 14
and 17-19.
The§ 103 Rejections of Claims 2-7, 9-13, 16, and 20
Claims 2-7 depend directly or indirectly from claim 1; claims 9-13
depend directly or indirectly from claim 8; and claims 16 and 20 depend
directly from claim 15. On this record, the Examiner has not shown how the
additionally cited secondary references-Bellaouar, Y ellin, Lee, and Chen-
overcome the deficiency in the references cited against the independent
claims. Hence, we do not sustain the§ 103 rejections of claims 2-7, 9-13,
16, and 20.
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Because this determination resolves the appeal with respect to
claims 1-20, we need not address Appellant's other arguments regarding
Examiner error. See, e.g., Beloit Corp. v. Valmet Oy, 742 F.2d 1421, 1423
(Fed. Cir. 1984) (explaining that an administrative agency may render a
decision based on "a single dispositive issue").
DECISION
We reverse the Examiner's decision to reject claims 1-20.
REVERSED
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