Ex Parte Walsh et al

Patent Trial and Appeal Board

Nov 2, 2016

13802877 (P.T.A.B. Nov. 2, 2016)

UNITED STA TES p A TENT AND TRADEMARK OFFICE
APPLICATION NO. FILING DATE
13/802,877 03/14/2013
27581 7590 11/04/2016
Medtronic, Inc. (CRDM)
710 MEDTRONIC PARKWAY NE
MS: LC340 Legal Patents
MINNEAPOLIS, MN 55432-9924
FIRST NAMED INVENTOR
Kevin K. Walsh
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.
P0038810.USU1/LG10126 8301
EXAMINER
SKIBINSKI, THOMAS S
ART UNIT PAPER NUMBER
2842
NOTIFICATION DATE DELIVERY MODE
11/04/2016 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):
medtronic_crdm_docketing@cardinal-ip.com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte KEVIN K. WALSH and
MELVIN P. ROBERTS 1
Appeal2015-006112
Application 13/802,877
Technology Center 2800
Before BRADLEY R. GARRIS, ADRIENE LEPIANE HANLON, and
JULIA HEANEY, Administrative Patent Judges.
GARRIS, Administrative Patent Judge.
DECISION ON APPEAL
Pursuant to 35 U.S.C. § 134, Appellants appeal from the Examiner's
rejections of independent claims 1, 12, 16, and 25 as well as dependent
claims 2-7, 11, 13, 14, and 17-21under35 U.S.C. § 102(b) as anticipated
by Inoue et al., (US 6,216,256 Bl issued Apr. 10, 2001; hereinafter "Inoue")
and of dependent claims 8-10 and 15 under 35 U.S.C. § 103(a) as
unpatentable over Inoue. We have jurisdiction under 35 U.S.C. § 6.
1 MEDTRONIC, INC. is identified as the real party in interest. App. Br. 3.
Appeal2015-006112
Application 13/802,877
We REVERSE.
Appellants claim an integrated circuit, as well as a device and method
involving such a circuit, comprising a plurality of clocked components 58,
each of which includes a data signal transmission path 7 5 having a clocked
component delay element 7 6, wherein each of the clocked components
comprises a flip-flop and the data signal transmission path is defined
between an input terminal and an output terminal of each flip-flop
(independent claim 1, Fig. 4; see also remaining independent claims 12, 16,
and 25).
A copy of representative claim 1, taken from the Claims Appendix of
the Appeal Brief, appears below.
1. An integrated circuit, compnsmg:
a clock source for generating a clock signal;
a clock tree having a plurality of clock lines distributed within the
integrated circuit for transmission of the clock signal;
a plurality of clocked components, wherein each of the clocked
components includes a data signal transmission path having a clocked
component delay element and being connected to one of the plurality of
clock lines;
a first data signal line coupled between a data output of a transmitting
clocked component of the plurality of clocked components and a data input
of a receiving clocked component of the plurality of clocked components;
and
a clock tree delay element coupled to a clock line of the receiving
clocked component to generate a modified clock signal, wherein the
transmitting clocked component is configured to output the data subsequent
to reception of the modified clock signal by the receiving clocked
component, and
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Appeal2015-006112
Application 13/802,877
wherein each of the plurality of clocked components comprises a flip-
flop, and the data signal transmission path of each of the plurality of clocked
components is defined between an input terminal and an output terminal of
each flip-flop.
Appellants contest the § 102 rejection of the independent claims by
arguing that "Inoue's delay element 202 resides externally in relation to the
flip-flop F21" (App. Br. 9) whereas the independent claims require a clocked
component delay element between the input terminal and the output terminal
of the flip-flop (id.).
In response, the Examiner provides an annotated copy of flip-flop 58c
depicted in Appellants' Figure 4 wherein electrical components to the left of
delay element 7 6 are characterized by the Examiner as "Flip-Flop Function
Elements" (Ans. 14). According to the Examiner, "[b ]oth Figure 7 of Inoue
and 58c of Figure 4 of Appellant[ s '] application disclose a circuit
performing the function of a flip-flop with a delay element directly
connected to the output of the flip-flop function element" (id.). The
Examiner determines that, "[g]iven broadest reasonable interpretation, the
delay element 202 of Figure 7 of Inoue could be considered part of the
transmission path between the input and output of the flip-flop F21 in the
same way the delay element 7 6 of the instant application is considered to be
part of the transmission path 75 of the flip-flop function element of 58c of
Figure 4 of Appellant[ s '] application" (id.).
The Examiner's position lacks persuasive merit for a number of
reasons. First, the Examiner offers no support for characterizing as "flip-
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Appeal2015-006112
Application 13/802,877
flop function elements" the electrical components to the left of delay
element 76 in flip-flop 58c of Appellants' Figure 4. Second, the Examiner
likewise offers no support for regarding these "flip-flop function elements"
as corresponding to Appellants' claimed flip- flop or Inoue' s flip- flop F21.
Finally, the Examiner does not explain why the independent claim
requirement of a clocked component delay element located between the flip-
flop' s input and output terminals is satisfied by delay elements which are
external to the input and output terminals of the "flip-flop function
elements" shown in Appellants' Figure 4 and the flip-flop F21 shown in
Inoue's Figure 7.
For the above-stated reasons, the Examiner fails to establish a prima
facie case of anticipation for the independent claims on appeal. We do not
sustain, therefore, the Examiner's § 102 and § 103 rejections.
The decision of the examiner is reversed.
REVERSED
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