Prosecution Insights
Last updated: July 17, 2026
Application No. 19/097,656

COMPONENT DIE VALIDATION BUILT-IN SELF-TEST (VBIST) ENGINE

Non-Final OA §DP
Filed
Apr 01, 2025
Priority
Jun 30, 2022 — continuation of 12/282,064
Examiner
MCMAHON, DANIEL F
Art Unit
Tech Center
Assignee
Ampere Computing LLC
OA Round
1 (Non-Final)
90%
Grant Probability
Favorable
1-2
OA Rounds
10m
Est. Remaining
92%
With Interview

Examiner Intelligence

Grants 90% — above average
90%
Career Allowance Rate
926 granted / 1034 resolved
+29.6% vs TC avg
Minimal +2% lift
Without
With
+2.3%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 1m
Avg Prosecution
24 currently pending
Career history
1048
Total Applications
across all art units

Statute-Specific Performance

§101
4.3%
-35.7% vs TC avg
§103
56.4%
+16.4% vs TC avg
§102
20.8%
-19.2% vs TC avg
§112
11.2%
-28.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1034 resolved cases

Office Action

§DP
Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . DETAILED ACTION This action is in response to the preliminary amendment 04/12/2026. Claims 1 and 3 are cancelled. Claims 4 – 28 are new. Claims 2 and 4 – 28 are presented for examination. Priority Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 120 is acknowledged. Double Patenting 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 claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form 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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp. Claims XX are rejected on the ground of nonstatutory double patenting over claims XX of U.S. Patent No. 12,282,064 since the claims, if allowed, would improperly extend the “right to exclude” already granted in the patent. The subject matter claimed in the instant application is fully disclosed in the patent and is covered by the patent since the patent and the application are claiming common subject matter, as follows: Claim 2 – Application 19/097656 Claim 1 – Patent 12,282,064 An apparatus, comprising: An apparatus, comprising: a component die, comprising: a component die, comprising: component circuitry for performing a component function; component circuitry for performing a component function; interface circuitry for communicating with a compute die not containing the component circuitry for performing the component function and that controls the component die, the interface circuitry comprising a transmit chain for sending data to the compute die, the transmit chain comprising a packetizer and transmit circuit that creates packets appended with cyclic redundancy check (CRC) values; and interface circuitry for communicating with a compute die not containing the component circuitry for performing the component function and that controls the component die, the interface circuitry comprising a transmit chain for sending data to the compute die, the transmit chain comprising a packetizer and transmit circuit that creates packets appended with cyclic redundancy check (CRC) values; and a validation built-in self-test (VBIST) circuit, comprising: a traffic generator that generates test data streams; a validation built-in self-test (VBIST) circuit, comprising: a traffic generator that generates test data streams; a tracker that receives and validates test data streams; and a tracker that receives and validates test data streams; and a configurable switching matrix capable of providing a first path for data to go from the component circuitry to the tracker without going through the interface circuitry and a second path for data to go from the tracker to the component circuitry without going through the interface circuitry. a configurable switching matrix capable of: providing a path for data to go from the traffic generator to the interface circuitry without going through the component circuitry or the tracker, providing a path for data to go from the traffic generator to the tracker without going through the component circuitry or the interface circuitry, providing a path for data to go from the component circuitry to the tracker without going through the interface circuitry, and providing a path for data to go from the interface circuitry to the tracker without going through the component circuitry, according to a mode of operation of the VBIST. One of ordinary skill in the art would clearly recognize independent claim 2, of application 19/097656 is an obvious variation of the claimed subject matter of independent claim 1, of patent 12,282,064. Specifically, both claim 2, of the current application 19/097656, and claim 1, of patent 12,282,064 discloses: an apparatus, comprising “a component die”, “component circuitry”, “interface circuitry”, “a validation built-in self-test circuit”, “a traffic generator that generates test data streams”, “a tracker that receives and validates test data streams”, and “a configurable switching matrix”. One of ordinary skill in the art would recognize the apparatus disclosed by claim 2, of the current application 19/097656, as a broad recitation of the operations performed by the apparatus disclosed in claim 1 of Patent 12,282,064. An apparatus performing operations and an apparatus capable of performing the disclosed operations would be recognize by one of ordinary skill in the art as obvious variants of each other. Therefore, one of ordinary skill in the art would recognize the apparatus claim 2, of the current application 19/097656, as performing the operations of the apparatus of claim 1, of U.S. Patent 12,282,064, and as such are obvious variants of each other. Claim 4 – Application 19/097656 Claim 1 – Patent 12,282,064 Claim 5 – Application 19/097656 Claim 1 – Patent 12,282,064 Claim 6 – Application 19/097656 Claim 1 – Patent 12,282,064 Claim 7 – Application 19/097656 Claim 1 – Patent 12,282,064 Claim 8 – Application 19/097656 Claim 2 – Patent 12,282,064 Claim 9 – Application 19/097656 Claim 3 – Patent 12,282,064 Claim 10 – Application 19/097656 Claim 4 – Patent 12,282,064 Claim 11 – Application 19/097656 Claim 5 – Patent 12,282,064 Claim 12 – Application 19/097656 Claim 6 – Patent 12,282,064 Claim 13 – Application 19/097656 Claim 7 – Patent 12,282,064 Claim 14 – Application 19/097656 Claim 8 – Patent 12,282,064 Claim 15 – Application 19/097656 Claim 9 – Patent 12,282,064 Claim 16 – Application 19/097656 Claim 10 – Patent 12,282,064 Claim 17 – Application 19/097656 Claim 11 – Patent 12,282,064 Claim 18 – Application 19/097656 Claim 12 – Patent 12,282,064 Claim 19 – Application 19/097656 Claim 13 – Patent 12,282,064 Claim 20 – Application 19/097656 Claim 14 – Patent 12,282,064 Claim 21 – Application 19/097656 Claim 15 – Patent 12,282,064 Claim 22 – Application 19/097656 Claim 16 – Patent 12,282,064 Claim 23 – Application 19/097656 Claim 17 – Patent 12,282,064 Claim 24 – Application 19/097656 Claim 18 – Patent 12,282,064 Claim 25 – Application 19/097656 Claim 19 – Patent 12,282,064 Claim 26 – Application 19/097656 Claim 20 – Patent 12,282,064 Claim 27 – Application 19/097656 Claim 21 – Patent 12,282,064 Claim 28 – Application 19/097656 Claim 22 – Patent 12,282,064 Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: KHAN; Raheel et al. US 20170222685 A1 Ferry; Joshua Mason US 20140207402 A1 Bansal; Akash et al. US 20060107154 A1 Volpe; Thomas A. US 10666775 B1 Volpe; Thomas A. US 11076025 B1 Kreider; Thom US 20160370427 A1 Camarota; Rafael C. US 20150008954 A1 Botea; Dragos F. US 20160093400 A1 Alzheimer; Joshua E. et al. US 20230072895 A1 David; Thomas Saroshan et al. US 20230305737 A1 interface circuitry for communicating with a compute die not containing the component circuitry for performing the component function and that controls the component die, the interface circuitry comprising a transmit chain for sending data to the compute die, the transmit chain comprising a packetizer and transmit circuit that creates packets appended with cyclic redundancy check (CRC) values; and a validation built-in self-test (VBIST) circuit, comprising: a traffic generator that generates test data streams; Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL F MCMAHON whose telephone number is (571)270-3232. The examiner can normally be reached Monday-Thursday 9am - 5pm EST. 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, Mark Featherstone can be reached at (571)270-3750. 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. /Daniel F. McMahon/Primary Examiner, Art Unit 2111
Read full office action

Prosecution Timeline

Apr 01, 2025
Application Filed
Apr 12, 2026
Response after Non-Final Action
Jun 29, 2026
Non-Final Rejection mailed — §DP (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
90%
Grant Probability
92%
With Interview (+2.3%)
2y 1m (~10m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1034 resolved cases by this examiner. Grant probability derived from career allowance rate.

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