Ex Parte Motwani et alDownload PDFPatent Trial and Appeal BoardDec 21, 201613780690 (P.T.A.B. Dec. 21, 2016) Copy Citation United States Patent and Trademark Office 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 APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO. 13/780,690 02/28/2013 Ravi H. Motwani 110578-189399 (P53204) 1361 31817 7590 12/23/2016 SCHWABE, WILLIAMSON & WYATT, P.C. c/o CPA GLOBAL 900 2nd Avenue South, Suite 600 MINNEAPOLIS, MN 55402 EXAMINER CHAUDRY, MUJTABA M ART UNIT PAPER NUMBER 2112 NOTIFICATION DATE DELIVERY MODE 12/23/2016 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): IPDocketing @ S CHWABE.com intelpatent @ schwabe. com inteldocs_docketing @ cpaglobal. com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD Ex parte RAVI H. MOTWANI and KIRAN PANGAL Appeal 2016-004553 Application 13/780,690 Technology Center 2100 Before BRADLEY W. BAUMEISTER, JON M. JURGOVAN, and JOSEPH P. LENTIVECH, Administrative Patent Judges. BAUMEISTER, Administrative Patent Judge. DECISION ON APPEAL Appellants appeal under 35 U.S.C. § 134(a) from the Examiner’s rejection of claims 1—20. App. Br. 2.1 We affirm-in-part. 1 Rather than repeat the Examiner’s positions and Appellants’ arguments in their entirety, we refer to the following documents for their respective details: the Final Action mailed February 20, 2015 (“Final Act.”); the Appeal Brief filed October 7, 2015 (“App. Br.”); the Examiner’s Answer mailed January 22, 2016 (“Ans.”); and the Reply Brief filed March 21, 2016 (“Reply Br.”). Appeal 2016-004553 Application 13/780,690 STATEMENT OF CASE Appellants describe the present invention as follows: Embodiments include device, storage media, and methods for decoding a codeword of encoded data. In embodiments, a processor may be coupled with a decoder and configured to multiply the codeword and a parity-check matrix of the encoded data to produce a syndrome. If the syndrome is non-zero then the processor may identify a bit error in the codeword based at least in part on a comparison of the syndrome to one or more columns of the parity-check matrix. Abstract. Appellants further explain that “[i]n some embodiments, the controller may be configured to perform a multi-bit error correction if the single-bit error correction fails.” Spec. 111. Independent claim 1, reproduced below, is illustrative of the appealed claims: 1. An apparatus comprising: a memory to store a codeword of an encoded data; and a controller coupled with the memory to: compute a syndrome of the encoded data when reading the encoded data from the memory; determine whether the encoded data contains at least one bit of error based at least in part on the syndrome; first attempt to correct the at least one bit of error with a single-bit correction process; and second attempt to correct the at least one bit of error with a multi-bit correction process if the first attempt fails to correct the entire at least one bit of error due to the encoded data having multi-bit errors; wherein compute a syndrome includes multiply a multi-column parity-check matrix and the codeword of the 2 Appeal 2016-004553 Application 13/780,690 encoded data read from the memory to produce the syndrome of the encoded data; wherein determine includes determine whether the syndrome is non-zero; and wherein the first attempt includes identify a single bit error in the codeword of the encoded data based at least in part on a comparison of the non-zero syndrome to one or more columns of the parity-check matrix. Claims 1—20 stand rejected under 35 U.S.C. § 103(a) as obvious over Fujiwara (US 2009/0106633 Al; published Apr. 23, 2009) in view of Ou (US 2006/0031741 Al; published Feb. 9, 2006). We have jurisdiction under 35 U.S.C. § 6(b). We review the appealed rejections for error based upon the issues identified by Appellants, and in light of the arguments and evidence produced thereon. Ex parte Frye, 94 USPQ2d 1072, 1075 (BPAI 2010) (precedential). FINDINGS AND CONTENTIONS The Examiner finds that Fujiwara computes a syndrome of the encoded data when reading the encoded data from the memory; determines whether the encoded data contains at least one bit of error based at least in part on the syndrome; and first attempts to correct the at least one bit of error with a single-bit correction process. Ans. 3. The Examiner further finds that Fujiwara teaches (1) that the computing of a syndrome includes multiplying a multiple-column parity-check matrix and the codeword of the encoded data read from the memory to produce the syndrome of the encoded data; and (2) that the error determination includes determining whether the syndrome is non-zero. Id. 3 Appeal 2016-004553 Application 13/780,690 The Examiner finds that “Fujiwara does not explicitly teach a second attempt to correct the at least one bit of error with a multi-bit correction process if the first attempt fails to correct the entire at least one bit of error due to the encoded data having multi-bit errors.’ '' Id. at 4. The Examiner reasons, though, that “if the error is not detected/corrected based on the single-bit error correction process[,] then it is obviously possible and inherently true that the number of errors are greater than a single bit.” Id. The Examiner concludes that it would have been an obvious engineering design choice to subsequently attempt a multi-bit error correction process if the initial single-bit error correction process fails because “using the multi bit error detection/correction process of Fujiwara would have been the next logical choice to detect and correct the errors in the received data.” Id. The Examiner Further finds that “Fujiwara does not explicitly teach [identifying] a single bit error in the codeword of the encoded data based at least in part on a comparison of the syndrome to one or more columns of the parity-check matrix[,] as stated in the present application.” Id. at 5. The Examiner further finds, though, that Ou teaches this missing limitation. Id. at 5—6. And the Examiner concludes that it would have been obvious to combine the references’ teachings. Id. at 6. Appellants assert that Fujiwara teaches to make a single attempt to correct one or more errors in a byte using a process for detecting and correcting multiple bit errors. Fujiwara, even in combination with Ou, provides no teaching or suggestion to cause one skilled in the art to “first attempt to correct the at least one bit of error with a single-bit correction process; and second attempt to correct the at least one bit of error with a multiple-bit correction process if the first attempt fails to correct the entire at least one bit of error 4 Appeal 2016-004553 Application 13/780,690 due to the encoded data having multi-bit errors,” as recited in claim 1. Reply Br. 3. Appellants do not present separate, substantive arguments with respect to any of the other pending claims. App. Br. 8—9; Reply Br. 3^4. ANALYSIS /. The Examiner does not provide sufficient evidence either that (1) the cited prior art’s error correction process inherently first performs a complete single-bit error correction process and then subsequently performs a multi bit correction process; or that (2) it at least would have been on obvious engineering design choice to detect and correct error bits in a one-by-one-bit sequential manner. Instead, the passages cited by the Examiner and Appellants (see Ans. 3—5, 16—20; App. Br. 5—6; Reply Br. 2—3) appear to indicate that Fujiwara describes a single process for correcting multiple spotty-byte errors within a byte. App. Br. 6 (citing Fujiwara 139). This process appears to detect and attempt to correct all of the plural errors in a single parallel process—not in separate, serially performed processes: As explained below, when [plural] errors occurred in the transmitted word (V) 31 (namely, when the received word 32 includes the errors), the [singular] correcting and detecting process for the [plural] errors can be executed based on the [single] value of a syndrome (S) 33 generated by using the (90,64) [4i/8EC]2 code shown in FIG. 3. Fujiwara 1237 (summarizing section of the Specification’s disclosure: “The Decoding Method and the Configuration of the Circuit for Realizing the Decoding Method”). See also Fujiwara ^fl[ 238-42 (further explaining 5 Appeal 2016-004553 Application 13/780,690 how a single syndrome S is used to express the occurrence of multiple errors). For the foregoing reasons, Appellants have persuaded us of error in the Examiner’s obviousness rejection of independent claim 1. Accordingly, we do not sustain the Examiner’s rejection of that claim or of independent claim 10, which is directed to a non-transitory computer readable media comprising instructions to cause an apparatus to make serial attempts to correct at least one bit of error, first with a single-bit correction process, and subsequently with a multi-bit process. We likewise do not sustain the obviousness rejection of claims 2—9 and 11—13, which depend from these independent claims. II. Independent claim 14 is reproduced below with emphasis added: 14. A method of identifying a bit error comprising: reading, by a controller, a codeword of an encoded data stored in a non-volatile memory; computing, by the controller, a syndrome of the encoded data using the codeword; determining, by the controller, whether the encoded data contains at least one bit of error based at least in part on the syndrome; first attempting, by the controller, to correct the at least one bit of error with a single-bit correction process; and second attempting, by the controller, to correct the at least one bit of error with a multibit correction process if the first attempt fails to correct the entire at least one bit of error due to the encoded data having multi-bit errors', wherein computing a syndrome includes multiplying, by the controller, a multi-column parity-check matrix and the codeword to identity the syndrome of the encoded data; 6 Appeal 2016-004553 Application 13/780,690 wherein determining includes determining whether the syndrome is non-zero; and wherein first attempting includes identifying, by the controller, a single bit error based at least in part on matching the non-zero syndrome to one or more columns in the plurality of columns of the parity-check matrix. Unlike claims 1 and 10, which are directed to an apparatus and a computer readable media, respectively, claim 14 is directed to a method of identifying a bit error. This fact is significant because claim 14 includes a conditional method step. Specifically, the step of “second attempting ... to correct the at least one bit of error with a multibit correction process” is conditioned upon the first attempt failing to correct the entire error. Restated, the second attempting step only need be performed in those circumstances in which the first attempting step fails to correct the error. That is, claim 14 reads on a method that includes performing only a single bit correction process, without performing a multi-bit correction process—at least in those situations where the single-bit correction process is successful. See Ex parte Schulhauser, at 10 (PTAB 2016) (precedential) (confirming that “‘[i]f the condition for performing a contingent step is not satisfied, the performance recited by the step need not be carried out in order for the claimed method to be performed’” (citation omitted)). Furthermore, the only deficiency in the obviousness rejection that Appellants argued on appeal is that Fujiwara fails to disclose performing the second, multi-bit correction process. See generally App. Br.; Reply Br. As such, Appellants have not established that the Examiner erred in rejecting method claim 14, or dependent claims 15—20, as obvious over the combination of Fujiwara and Ou. See Frye, 94 USPQ2d at 1075 (holding 7 Appeal 2016-004553 Application 13/780,690 that the Board reviews the appealed rejections for error based upon the issues identified by Appellants, and in light of the arguments and evidence produced thereon). DECISION The Examiner’s decision rejecting claims 14—20 is affirmed. The Examiner’s decision rejecting claims 1—13 is reversed. No time period for taking any subsequent action in connection with this appeal may be extended under 37 C.F.R. § 1.136(a)(1). See 37 C.F.R. § 1.136(a)(l)(iv). AFFIRMED-IN-PART 8 Copy with citationCopy as parenthetical citation