CTNF 18/606,138 CTNF 82020 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Claim Rejections - 35 USC § 101 The claims recite patent-eligible subject matter, at least because they integrate any abstract ideas into a practical application. Double Patenting 08-33 AIA The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg , 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman , 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi , 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum , 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel , 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington , 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA/25, or PTO/AIA/26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. 08-34 AIA Claim s 1, 8, and 15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 1, 6, 10, 15, and 19 of U.S. Patent No. 11,947, 382, which issued from the parent application of the current application . Although the claims at issue are not identical, they are not patentably distinct from each other because they are narrower and fall within the scope of the current application . Regarding claim 1, the issued claims recite a method comprising: receiving, by an internal oscilloscope of a receiving device, as input known randomized data at varying delay tap elements (see claim 1, indented clause, “for each...”) ; determining a first delay tap element (see claim 1, indented clause, “identifying...”) and a last delay tap element (see claim 1, indented clause, “responsive...”) in which data outputted from the internal oscilloscope matches the received known randomized data pattern; and generating, based on the first delay tap element and the last delay tap element, an aperture of the receiving device (see claim 6; performing the test to find a delay range for various voltages at which the data is read correctly meets finding an aperture) . Regarding claim 8, the issued claims recite a system comprising: a memory device (see claim 10, indented clause, “a memory device...”) ; and a processing device (see claim 10, indented clause, “a processing device...”) , operatively coupled with the memory device to perform operations comprising: receiving, by an internal oscilloscope of a receiving device, as input known randomized data pattern at varying delay tap elements (see claim 10, indented clause, “for each...”) ; determining a first delay tap element (see claim 10, indented clause, “identifying...”) and a last delay tap element (see claim 10, indented clause, “responsive...”) in which data outputted from the internal oscilloscope matches the received known randomized data pattern; and generating, based on the first delay tap element and the last delay tap element, an aperture of the receiving device (see claim 15; performing the test to find a delay range for various voltages at which the data is read correctly meets finding an aperture) . Regarding claim 15, the issued claims recite a non-transitory computer-readable storage medium comprising instructions that, when executed by a processing device (see claim 10, indented clauses, “a memory...” and “a processing...”; alternatively, see claim 19, indented clause, “A non-transitory computer-readable medium...”) , cause the processing device to perform operations comprising: receiving, by an internal oscilloscope of a receiving device, as input known randomized data pattern at varying delay tap elements (see claim 10, indented clause, “for each...”; or see claim 19, indented clause, “inputting...”) ; determining a first delay tap element (see claim 10, indented clause, “identifying...”, or see claim 19, indented clause, “identifying a first...”) and a last delay tap element (see claim 10, indented clause, “responsive...”; or see claim 19, indented clause, “identifying a second...”) in which data outputted from the internal oscilloscope matches the received known randomized data pattern; and generating, based on the first delay tap element and the last delay tap element, an aperture of the receiving device (see claim 15; performing the test to find a delay range for various voltages at which the data is read correctly meets finding an aperture; alternatively, see claim 19; performing the test to find a delay range at which the data is read correctly meets finding an aperture) . Allowable Subject Matter 12-151-08 AIA 07-43 12-51-08 Claim s 2-7, 9-14, and 16-20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. 13-03-01 AIA The following is a statement of reasons for the indication of allowable subject matter: The prior art does not disclose or suggest, "... inputting, into a flip-flop of the internal oscilloscope, the DQS with the delay to control an output of the flip-flop's input; and inputting, into the flip flop, the known randomized data pattern", in combination with the remaining claim elements as set forth in claim 2, claims 3-4 depending therefrom, claim 9, claims 10-11 depending therefrom, or claim 16, or claims 17-18 depending therefrom. The prior art does not disclose or suggest, "determining a first total delay time value associated with the first delay tap element; and determining a second total delay time value associated with the last delay tap element", in combination with the remaining claim elements as set forth in claim 5, claims 6-7 depending therefrom, claim 12, claims 13-14 depending therefrom, or claim 19, or claim 20 depending therefrom . Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Xie et al. (CN 101242238 A) is cited for disclosing varying signal delays to determine a window of delay amounts at which a system still functions properly. Any inquiry concerning this communication or earlier communications from the examiner should be directed to GEOFFREY T EVANS whose telephone number is (571)272-2369. The examiner can normally be reached M-F, 9 AM - 5:30 PM. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Walter Lindsay can be reached at (571) 272-1674. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /WALTER L LINDSAY JR/Supervisory Patent Examiner, Art Unit 2852 /GEOFFREY T EVANS/ Examiner, Art Unit 2852 Application/Control Number: 18/606,138 Page 2 Art Unit: 2852 Application/Control Number: 18/606,138 Page 3 Art Unit: 2852 Application/Control Number: 18/606,138 Page 4 Art Unit: 2852 Application/Control Number: 18/606,138 Page 5 Art Unit: 2852 Application/Control Number: 18/606,138 Page 6 Art Unit: 2852 Application/Control Number: 18/606,138 Page 7 Art Unit: 2852
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