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.
`
`F ING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONF {MATION NO.
`
`95/000,657
`
`01/19/2012
`
`6366130
`
`19968—0006RX1
`
`8472
`
`CLIFFORD H. KRAFT —
`320 ROBIN HILL DR.
`HUGHES, DEANDRAM
`NAPERVILLE, IL 60540
`
`PAPER NUMBER
`
`ART UNIT
`
`3992
`
`MAIL DATE
`
`01/23/2013
`
`DELIVERY MODE
`
`PAPER
`
`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.
`
`PTOL—90A (Rev. 04/07)
`
`

`
`Patent Under Reexamination
`
`
`
`Examiner
`
`Art Unit
`
`Transmittal of Communication to
`
`Control No.
`
`
`
`Third Party Requester
`Inter Partes Reexamination
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address. --
`
`Ij (THIRD PARTY REQUESTER'S CORRESPONDENCE ADDRESS) —|
`
`Fish & Richardson PC (DC)
`P.O. Box 1022
`
`Minneapolis, MN 55440-1022
`
`Enclosed is a copy of the latest communication from the United States Patent and Trademark Office
`in the above-identified reexamination prceeding. 37 CFR 1.903.
`
`Prior to the filing of a Notice of Appeal, each time the patent owner responds to this communication,
`the third party requester of the interpartes reexamination may once file written comments within a
`period of 30 days from the date of service of the patent owner's response. This 30-day time period is
`statutory (35 U.S.C. 314(b)(2)), and, as such, it cannot be extended. See also 37 CFR 1.947.
`
`If an ex parte reexamination has been merged with the interpartes reexamination, no responsive
`submission by any ex parte third party requester is permitted.
`
`All correspondence relating to this inter partes reexamination proceeding should be directed to the
`Central Reexamination Unit at the mail, FAX, or hand-carry addresses given at the end of the
`communication enclosed with this transmittal.
`
`U.S. Patent and Trademark Office
`PTOL-2070 (Rev. 07-04)
`
`Paper No. 201301 14
`
`

`
`Control No.
`
`Patent Under Reexamination
`
`ACTION CLOSING PROSECUTION 95/000,657
`
`6366130
`
`
`
`Deandra M. Huhes
`
`3992
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address. --
`
`Responsive to the communication(s) filed by:
`Patent Owner on 01 May, 2012
`Third Party(ies) on 06 July, 2012
`
`Patent owner may once file a submission under 37 CFR 1.951 (a) within 1 month(s) from the mailing date of this
`Office action. Where a submission is filed, third party requester may file responsive comments under 37 CFR
`1.951 (b) within 30-days (not extendab|e- 35 U.S.C. § 314(b)(2)) from the date of service of the initial
`submission on the requester. Appeal cannot be taken from this action. Appeal can only be taken from a
`Right of Appeal Notice under 37 CFR 1.953.
`
`All correspondence relating to this inter partes reexamination proceeding should be directed to the Central
`Reexamination Unit at the mail, FAX, or hand-carry addresses given at the end of this Office action.
`
`PART I. THE FOLLOWING ATTACHMENT(S) ARE PART OF THIS ACTION:
`
`1. I:I Notice of References Cited by Examiner, PTO-892
`2. |:I Information Disclosure Citation, PTO/SB/08
`3.I:I
`
`PART II. SUMMARY OF ACTION:
`
`
`
`1a. IX] Claims 1 2 5-7 and 9-12 are subject to reexamination.
`
`1b. IX] Claims 3 4 and 8 are not subject to reexamination.
`2.
`I:I Claims
`have been canceled.
`
`IX] Claims 1 2 and 5-7 are confirmed. [Unamended patent claims]
`IX] Claims E are patentable. [Amended or new claims]
`
`3.
`4.
`
`5.
`6.
`7.
`8
`9
`
`IX] Claims 1 are rejected.
`I:I Claims j are objected to.
`I:I are not acceptable.
`I:I are acceptable
`I:I The drawings filed on
`I:I The drawing correction request filed on
`is:
`El approved.
`|:I disapproved.
`I:I Acknowledgment is made of the claim for priority under 35 U.S.C. 119 (a)-(d). The certified copy has:
`I:I been received.
`I:I not been received.
`|:I been filed in Application/Control No j
`10. I:I Other j
`
`U.S. Patent and Trademark Office
`PTOL-2065 (08/06)
`
`Paper No. 201301 14
`
`

`
`Control Number: 95/000,657
`
`Art Unit: 3992
`
`Page 2
`
`INTER PARTES REEXAMINATION ACTION CLOSING PROSECUTION
`
`1.
`
`This is an action closing prosecution in the interpartes reexamination of USP
`
`6,366,130. ("'130 patent")
`
`Claims 1-2 and 5-7 were ordered for reexamination.
`
`Claims 3-4 and 8 were not ordered for reexamination.
`
`New claims 9-12 of the claim amendment filed May 1, 2012 have been
`entered.
`
`Patent Owner’s (“PO”) remarks filed May 1, 2012 have been entered.
`
`Third Party Requester’s (“3PR”) comments filed July 6, 2012 have been
`entered.
`
`2.
`
`Accordingly, claims 1-2, 5-7, and 9-12 are under reexamination.
`
`3.
`
`The following references are applied in this action:
`
`References
`
`EP 0 597 231 to Hardee published May 18, 1994. (“Hardee”)
`
`Declaration of David L. Taylor executed Jul. 6, 2012. ("Taylor Declaration")
`
`Declaration of Dr. Philip Koopman executed Apr. 29, 2012. ("Koopman
`Declaration")
`
`Summary of this Action
`
`The following is a summary of this action:
`
`Claims 1-2 and 5-7 are confirmed as patentable.
`
`Claim 12 is allowed as patentable.
`
`Claims 9-11 are rejected under 35 USC 112-13‘ 1].
`
`

`
`Control Number: 95/000,657
`
`Art Unit: 3992
`
`Page 3
`
`Response to PO’s Remarks and 3PR’s Comments
`
`5.
`
`PO's remarks, 3PR's comments, the Taylor Declaration, and the Koopman
`
`Declaration have been considered and weighed and 3PR's argument is found not
`
`persuasive for the reasons below. As such, the rejection of claims 1-2 and 5-7 as
`
`being anticipated by Hardee is withdrawn.
`
`6.
`
`Claims 1-2, 5-7, and 9-12 require, inter alia, (1) a voltage precharge source, (2)
`
`differential bus, and (3) a differential data bus.
`
`The Examiner's outline of claim 1, which is the only independent claim under
`
`reexamination, is reproduced below.
`
`A data transfer arrangement comprising:
`
`—
`
`—
`
`—
`
`—
`
`two bus drivers;
`
`a voltage precharge source;
`
`a differential bus coupled to the bus drivers and to the voltage precharge
`source;
`
`a latching sense amplifier coupled to the differential bus;
`
`— wherein the latching sense amplifier comprises:
`
`—
`
`—
`
`a first stage including a cross-coupled latch coupled to a differential
`data bus; and
`
`an output stage coupled to an output of said first stage;
`
`— wherein the output of the first stage is coupled to an input of the
`output stage;
`
`— wherein the differential bus and the differential data bus are
`
`precharge to a voltage Vpr between Vdd and ground, where
`Vpr=K*Vdd, and K is a precharging voltage factor.
`
`

`
`Control Number: 95/000,657
`
`Art Unit: 3992
`
`Page 4
`
`As to the claimed ‘voltage precharge source’, 3PR argues the BLREF #246 (ff gure
`
`§) of Hardee reads on this limitation. (Reguest, Qg. 20)
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`
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`
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`
`As to the claimed ‘differential bus’, 3PR argues DW LOCAL #126 or DWB LOCAL
`
`#136 of Hardee reads on this limitation. (Reguest, Qg. 21)
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`
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`
`

`
`Control Number: 95/000,657
`
`Art Unit: 3992
`
`Page 5
`
`As to the claimed ‘differential data bus’, 3PR argues Data Line #158 of Hardee
`
`reads on this limitation. (Reguest, Qg. 22)
`1
`
`
`
`
`
`
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`at;
`
`It is found that the only disclosure of Hardee pertaining to ‘precharging’ refers to
`
`
`precharging the bit lines, BITL and BIT BL. (col.12.-55-58- col.13.-5-18)
`
`is
`
` 1
`
`flown is Figure 8 .c‘&u{§t3£. 3
`~.:3:r Ciiililil
`agpgziliod to mnzies 2?»?-st {ism
`reiasrangg iomit
`3}. 52ignai~s SH; at as
`am}
`{top at
`2:33 azrxd SHR at ,3 nndirs 250 are used in prechar-
`gifig: the suit lines. At itm tap at Figure 8,
`
`it will he ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,/
`
`As such, it is found that Hardee does not disclose “the differential bus (#126) and
`
`the differential data bus (#158) are precharge to a voltage Vp, between Vdd and ground,
`
`where V,,,=K*Vdd, and K is a precharging voltage factor’ in combination with the other
`
`limitations of the claims because it is found that Hardee’s BLREF (i.e., ‘the voltage
`
`
`
`4 5 I r
`
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`
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`
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`
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`
`

`
`Control Number: 95/000,657
`
`Art Unit: 3992
`
`Page 6
`
`precharge source‘) is disclosed as precharging bit lines #220 and #226. (col.13.-5-18)
`
`Thus, for the reason that Hardee’s BLREF (i.e.
`
`'the voltage precharge source) is not
`
`disclosed as precharging DWLOCAL #126 or DWB LOCAL #136 (i.e., ‘the differential
`
`busj or Data Line #158 (i.e. ‘the differential data bus’), the anticipation rejection of
`
`independent claijm1 and its dependent claims is withdrawn.
`
`Claim Rejections - 35 USC § 1 12
`
`7.
`
`The following is a quotation of 35 U.S.C. 112(a):
`
`(a) IN GENERAL.—The specification shall contain a written description of the invention, and of
`the manner and process of making and using it, in such full, clear, concise, and exact terms as to
`enable any person skilled in the art to which it pertains, or with which it is most nearly connected,
`to make and use the same, and shall set forth the best mode contemplated by the inventor or joint
`inventor of carrying out the invention.
`
`The following is a quotation of 35 U.S.C. 112 (pre—AIA), first paragraph:
`The specification shall contain a written description of the invention, and of the manner and
`process of making and using it, in such full, clear, concise, and exact terms as to enable any
`person skilled in the art to which it pertains, or with which it is most nearly connected, to make
`and use the same and shall set forth the best mode contemplated by the inventor of carrying out
`his invention.
`
`8.
`
`Claims 9-11 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA), first
`
`paragraph, as falling to comply with the written description requirement. The claim(s)
`
`contains subject matter which was not described in the specification in such a way as to
`
`reasonably convey to one skilled in the relevant art that the inventor or a joint inventor,
`
`or for pre-AIA the inventor(s), at the time the application was filed, had possession of
`
`the claimed invention.
`
`As to J, P0 states that this claim is described by figures 1-2 and column 2
`
`where in figL1, the differential bus LT/LC, precharges to the voltage Vpr (c0l.2.'I9—2I)
`
`and the differential data bus in figure 2 precharges to Vdd (col.2.-55-56). (Comments, Qg. 4)
`
`

`
`Control Number: 95/000,657
`
`Art Unit: 3992
`
`Page 7
`
`First, it is found thatfigLI describes Vpr but does not describe ‘precharging’.
`
`Second, it is found that describes Vdd but does not describe precharging. Third,
`
`it is found that c0l.2.'I9—2I discusses precharging Vpr but does not describe that the
`
`‘differential bus’ is precharged to a different voltage than the ‘differential data bus’
`
`because the value of Vpr with respect to the voltage at which the ‘differential data bus’ is
`
`not disclosed. Fourth, it is found that col.2.-55-56 discusses precharging Vdd but does not
`
`describe the ‘differential bus’ is precharged to a different voltage than the ‘differential
`
`data bus’ because the value of Vpr with respect to Vdd is not disclosed.
`
`As to claim 10, PO statesfigL2 clearly shows a cross-coupled output stage.
`
`(Comments, Qg. 4) Although it is agreed that clearly shows a cross-coupled
`
`output stage, it is not agreed that figiz‘ describes "the output stage includes a cross-
`
`coupled feedback", as claimed, because figL2 does not describe the ‘feedback’
`
`limitation.
`
`As to claim 11, PO states col.2.-I2-I3 and col.2.-42-43 describes this claim. First, it
`
`is found that col.2.-I2-I3 describes the following:
`
`““““““‘T‘“"“""7T"""“KT‘T‘T"‘“""‘“"“‘“"“T""“""‘“"“‘“"“""‘“"“‘“T““““‘T“““““\
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`‘
`
`prcchargc
`The scrim" s.m=pv§i:ficr <n;g:v:.s§t¢'s- its two pfztaesecs.
`thxs:
`phase sand 3 data t‘.s;attst.t'cr
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`a=mp£i.fi¢r cptaraics eirpposiams to .r1HEz!1)g;t3'us ;:tm:s::s
`......................................................................................................
`
`‘
`
`As such, col.2.-I2-I3 or 42-43 does not describe “wherein the differential bus is
`
`precharged to a different clock phase than the differential data bus" because they do not
`
`

`
`Control Number: 95/000,657
`
`Art Unit: 3992
`
`Page 8
`
`describe: (1) clock phases, (2) the clock phase of the differential bus, or (3) the clock
`
`phase of the differential data bus.
`
`Therefore, claims 9-11 have not been described in the specification in such a
`
`way as to reasonably convey that the inventor(s), at the time the application was filed,
`
`had possession of the invention of claims 9-11.
`
`Reasons for Confirmation/Allowance
`
`9.
`
`As to claims 1-2 and 5-7 are confirmed as patentable because, as set forth
`
`above, PO has successfully traversed the anticipation rejection over Hardee. Further, it
`
`is agreed that figures I and 2 describe the ‘differential bus’ and ‘differential data bus’ as
`
`different circuits. Thus, it is found that claim 12 is described by the '130 patent
`
`specification and is allowed as patentable because it depends upon claim 1, which has
`
`been confirmed as patentable.
`
`Conclusion
`
`10.
`
`All correspondence relating to this interpartes reexamination proceeding should
`
`be directed:
`
`By Mail to: Mail Stop Inter Partes Reexam
`Attn: Central Reexamination Unit
`
`Commissioner for Patents
`
`United States Patent & Trademark Office
`
`P.O. Box 1450
`
`Alexandria, VA 22313-1450
`
`By FAX to:
`
`(571) 273-9900
`Central Reexamination Unit
`
`By hand:
`
`Customer Service Window
`Randolph Building
`401 Dulany Street
`Alexandria, VA 22314
`
`

`
`Control Number: 95/000,657
`
`Art Unit: 3992
`
`Page 9
`
`Registered users of EFS-Web may alternatively submit such correspondence via the
`
`electronic filing system EFS-Web, at:
`
`https://efs.usgto.gov/effie/mygortai/efswegistered
`
`EFS-Web offers the benefit of quick submission to the particular area of the
`
`Office that needs to act on the correspondence. Also, EFS-Web submissions are “soft
`
`scanned” (i.e., electronically uploaded) directly into the official file for the reexamination
`
`proceeding, which offers parties the opportunity to review the content of their
`
`submissions after the “soft scanning” process is complete.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner, or as to the status of this proceeding, should be directed to the Central
`
`Reexamination Unit at telephone number (571) 272-7705.
`
`Signed:
`
`/Deandra M. Hughes/
`Primary Examiner, AU 3992
`
`Conferees:
`
`/Christina Y. Leung/
`Primary Examiner, Art Unit 3992
`
`/Daniel J Ryman/
`Supervisory Patent Examiner, Art Unit 3992