Ex Parte Kireev et al

Patent Trial and Appeal BoardMar 31, 2016

13187234 (P.T.A.B. Mar. 31, 2016)

UNITED STA TES p A TENT AND TRADEMARK OFFICE APPLICATION NO. FILING DATE 13/187,234 07/20/2011 24309 7590 04/04/2016 XILINX, INC ATTN: LEGAL DEPARTMENT 2100 LOGIC DR SAN JOSE, CA 95124 FIRST NAMED INVENTOR Vassili Kireev 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. X-3712 US 5858 EXAMINER HOSSAIN, MOAZZAM ART UNIT PAPER NUMBER 2898 NOTIFICATION DATE DELIVERY MODE 04/04/2016 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): xilinxipl @xilinx.com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD Ex parte VASSILI KIREEV and JAMES KARP Appeal2014-001575 Application 13/187,234 Technology Center 2800 Before ADRIENE LEPIANE HANLON, CATHERINE Q. TIMM, and JAMES C. HOUSEL, Administrative Patent Judges. TIMM, Administrative Patent Judge. DECISION ON APPEAL 1 Appellants2 appeal the Examiner's decision to reject claims 2-17, 21, and 22 under 35 U.S.C. Â§ 103(a) as obvious over Kim3 and to reject claim 23 under 35 U.S.C. Â§ 103(a) as obvious over Kim in view of Marcoux4 and Liu. 5 We have jurisdiction under 35 U.S.C. Â§Â§ 6(b) and 134(a). 1 In our opinion below, we refer to the Final Office Action mailed March 7, 2013 (Final), the Appeal Brief filed July 25, 2013 (Appeal Br.), the Examiner's Answer mailed October 2, 2013 (Ans.), and the Reply Brief filed November 18, 2013 (Reply Br.). 2 Appellants identify the real party in interest as Xilinx, Inc. Appeal Br. 2. 3 Kim et al., US 2011/0084765 Al; published Apr. 14, 2011. 4 Marcoux, US 2011/0169171 Al; published July 14, 2011. 5 Liu, US 2011/0259411 Al; published Oct. 27, 2011. Appeal2014-001575 Application 13/187,234 We REVERSE. The claims are directed to an inductor for an integrated circuit (see, e.g., claim 2), and an integrated circuit structure comprising an inductor (see, e.g., claim 11 ). All of the claims require the inductor be solenoidal. The Examiner finds that Kim teaches a solenoidal inductor as shown in Figure 13 of that reference. Final 4, 15-16. We reproduce Kim's Figure 13 below: t"''J324 ..Y....--,......,...,, Figure 13 is a schematic perspective view of a three dimensional on-chip transformer Kim's transformer 13 00 includes two inductors, first inductor 1310 and second inductor 1320. Kim if 58. Appellants contend that "[i]t is well known that a solenoid has 'a coil' configuration," citing the merriam-webster.com dictionary definition for solenoid. Appeal Br. 8. The merriam-webster.com dictionary definition we found reads: [A] coil of wire usually in cylindrical form that when carrying a current acts like a magnet so that a movable core is drawn into the coil when a current flows and that is used 2 Appeal2014-001575 Application 13/187,234 especially as a switch or control for a mechanical device (as a valve). Merriam-Webster, http://www.merriam-webster.com/dictionary/solenoid (last visited Mar. 29, 2016). There is no dispute that a solenoid is a coil. The Examiner cites a definition reinforcing that fact. Ans. 6. According to the Examiner: An ideal air-core solenoid is a long, closely-wound coil of wire with little ohmic resistance and with a uniform cross-sectional area A as depicted below. The core can be iron, air or any dielectric materials, in context with the application the core is substrate materials. The Figure depicts the coil of an air-core solenoid Ans. 6 (citing http://faculty.wwu.edu/vawter/PhysicsNet/Topics/lnductance /Solenoid.html). The inductor of Kim's Figure 13 is not in a coil form, it is merely a number of vertical through-silicon vias (TSVs) connected by Ml segments 1306 and segments 1304 in an up, over, down, and over configuration. The inductors of Figure 13 lie along a plane. Kim configures the inductors in other shapes (see, e.g., Figs. 7-9 (depicting a fishbone shape)), but none of Kim's inductors are in the shape of a coil. 3 Appeal2014-001575 Application 13/187,234 We agree with Appellants that the Examiner reversibly erred in finding that Kim teaches or suggests forming a solenoidal inductor. Appeal Br. 7-9; Reply Br. 8-12. The Examiner's error permeates both rejections. We do not sustain the Examiner's rejections. DECISION The Examiner's decision is reversed. REVERSED 4