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`UNITED STATES DEPARTMENT OF COIVIMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P O. Box 1450
`Alexandria, Virginia 2231371450
`www.uspto.gov
`
`15/859,726
`
`01/01/2018
`
`Venkat Konda
`
`V-0090US
`
`1051
`
`Konda Technologles, Inc
`6278 GRAND OAK WAY
`SAN JOSE, CA 95135
`
`LYv ANH W H
`
`PAPER NUMBER
`
`ART UNIT
`
`2472
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`03/07/2019
`
`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):
`venkat @ kondatechcom
`
`Vkonda @ gmail. corn
`
`PTOL—9OA (Rev. 04/07)
`
`Page 1 of 278
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`FLEX LOGIX EXHIBIT 1038
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`Page 1 of 278
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`FLEX LOGIX EXHIBIT 1038
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`
`
`0/7709 A0170” Summary
`
`Application No.
`15/859,726
`
`Examiner
`ANH VU H LY
`
`Applicant(s)
`Konda, Venkat
`
`Art Unit
`2472
`
`AIA (FITF) Status
`Yes
`
`- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address -
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions oftime may be available under the provisions of 37 CFR 1.136(a). In no event, however, may a reply be timely filed after SIX (6) MONTHS from the mailing
`date of this communication.
`|f NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date ofthis communication, even if timely filed, may reduce any earned patent term
`adjustment. See 37 CFR1.704(b).
`
`Status
`
`1). Responsive to communication(s) filed on January 1, 2018.
`C] A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`2a)D This action is FINAL.
`2b)
`This action is non-final.
`
`3)[:] An election was made by the applicant in response to a restriction requirement set forth during the interview on
`; the restriction requirement and election have been incorporated into this action.
`
`4)[:] Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Expa/z‘e Quay/e, 1935 CD. 11, 453 QC. 213.
`
`Disposition of Claims*
`5)
`Claim(s)
`
`1-17 is/are pending in the application.
`
`5a) Of the above Claim(s)
`
`is/are withdrawn from consideration.
`
`
`
`E] Claim(s)
`
`is/are allowed.
`
`Claim(s) fl is/are rejected.
`is/are objected to.
`
`[:1 Claim(s) _
`
`) ) ) )
`
`are subject to restriction and/or election requirement
`[j Claim(s)
`* If any claims have been determined aflowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http://www.uspto.gov/patents/init events/pph/index.jsp or send an inquiry to PPeredback@uspto.gov.
`
`Application Papers
`10). The specification is objected to by the Examiner.
`
`11). The drawing(s) filed on 1/1/2018 is/are: a). accepted or b)D objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85( ).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12)[:] Acknowledgment is made of a claim for foreign priority under 35 U.S.C. §119( )-(d) or (f).
`Certified copies:
`
`a)I:I All
`
`b)D Some”
`
`c)D None of the:
`
`1.[:] Certified copies of the priority documents have been received.
`
`21:] Certified copies of the priority documents have been received in Application No.
`
`3:] Copies of the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (PCT Rule 17.2( )).
`
`** See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Dale W.
`U.S. Patent and Trademark Office
`
`3) C] Interview Summary (PTO-413)
`Paper No(s)/Mai| Date
`4) CI Other'
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20190227
`
`Page 2 of 278
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`Page 2 of 278
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`
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`Application/Control Number: 15/859,726
`Art Unit: 2472
`
`Page 2
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`DETAILED ACTION
`
`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.
`
`Specification
`
`Applicant is reminded of the proper content of an abstract of the disclosure.
`
`A patent abstract is a concise statement of the technical disclosure of the patent and should
`
`include that which is new in the art to which the invention pertains. The abstract should not refer to
`
`purported merits or speculative applications of the invention and should not compare the invention with
`
`the prior art.
`
`If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the
`
`abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an
`
`old apparatus, process, product, or composition, the abstract should include the technical disclosure of the
`
`improvement. The abstract should also mention by way of example any preferred modifications or
`
`alternatives.
`
`Where applicable, the abstract should include the following: (1) if a machine or apparatus, its
`
`organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its
`
`identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps.
`
`Extensive mechanical and design details of an apparatus should not be included in the abstract.
`
`The abstract should be in narrative form and generally limited to a single paragraph within the range of 50
`
`to 150 words in length.
`
`See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts.
`
`Applicant is reminded of the proper language and format for an abstract of the disclosure.
`
`The abstract should be in narrative form and generally limited to a single paragraph on a separate
`
`sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure
`
`Page 3 of 278
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`Page 3 of 278
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`
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`Application/Control Number: 15/859,726
`Art Unit: 2472
`
`Page 3
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`sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for
`
`details.
`
`The language should be clear and concise and should not repeat information given in the title. It
`
`should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure
`
`defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology
`
`often used in patent claims, such as “means” and “said,” should be avoided.
`
`The abstract of the disclosure is objected to because it exceeds 150 lengths in length. Correction
`
`is required. See MPEP § 608.01(b).
`
`Claim Rejections - 35 USC § 112
`
`The following is a quotation of 35 U.S.C. ll2(b):
`(b) CONCLUSION.7The specification shall conclude with one or more claims particularly pointing
`out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the
`invention.
`
`The following is a quotation of 35 U.S.C. 112 (pre-AIA), second paragraph:
`The specification shall conclude with one or more claims particularly pointing out and distinctly
`claiming the subject matter which the applicant regards as his invention.
`
`Claims 1-17 are rejected under 35 U.S.C. ll2(b) or 35 U.S.C. 112 (pre-AIA), second paragraph,
`
`as being indefinite for failing to particularly point out and distinctly claim the subject matter which the
`
`inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
`
`Regarding claim 1, the phrase “i.e., the number of stages in ring 1 is yl, the number of stages in
`
`ring 2 is y2,
`
`and the number of stages in ring r is yr” renders the claim indefinite because it is unclear
`
`whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
`
`Regarding claim 4, the limitation “said horizontal cross links and vertical cross links” lacks
`
`antecedent basis.
`
`Regarding claim 6, the limitation “said two-dimensional grid” lacks antecedent basis.
`
`Other claims are automatically rejected to for the reason as set forth in rejected independent claim
`
`Page 4 of 278
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`Page 4 of 278
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`
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`Application/Control Number: 15/859,726
`Art Unit: 2472
`
`Page 4
`
`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 “tight 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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit
`
`www.uspto.gov/patent/patents-forms. The 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/proces s/file/efs/guidance/eTD -info-I.j sp.
`
`Page 5 of 278
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`Page 5 of 278
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`
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`Application/Control Number: 15/859,726
`Art Unit: 2472
`
`Page 5
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`Claims 1-17 are rejected on the ground of nonstatutory double patenting as being unpatentable
`
`over claims 1-20 of US. Patent No. 9,509,634 B2. Although the claims at issue are not identical, they are
`
`not patentably distinct from each other because independent claims of the present application merely
`
`broaden the scope of independent claims of US Patent No. 9,509,634 B2 respectively, by eliminating said
`
`plurality of multiplexers in one or more said stages are connected so that said one or more forward
`
`connecting links are fed back into said one or more backward connecting links through one or more said
`
`multiplexers, and also said plurality of multiplexers in one or more said stages are connected so that one
`
`or more said backward connecting links are fed back into one or more said forward connecting links
`
`through one or more said multiplexers; and said cross links between switches of stages of rings between
`
`any two different subnetworks are connecting as either vertical links only, or horizontal links only, or
`
`both vertical links and horizontal links; Said each subnetwork further partitioned into a plurality of slices
`
`so that there is zero or more connections from one said slice to another said slice with in each said
`
`subnetwork; said no two slices further having any common outlet links connecting from said coupled
`
`programmable logic block; said cross links are connecting from a said slice of any said subnetwork to a
`
`corresponding said slice of any other said subnetwork; said some slices of said each subnetwork
`
`comprising paths only to inlet links of said couple programmable logic block and said some other slices
`
`of said each subnetwork comprising paths only to said slices of said another subnetwork.
`
`Claims 1-17 are rejected on the ground of nonstatutory double patenting as being unpatentable
`
`over claims 1-20 of US. Patent No. 9,374,322 B2. Although the claims at issue are not identical, they are
`
`not patentably distinct from each other because independent claims of the present application merely
`
`broaden the scope of independent claims of US Patent No. 9,374,322 B2 respectively, by eliminating said
`
`plurality of multiplexers in one or more said stages are connected so that said one or more forward
`
`connecting links are fed back into said one or more backward connecting links through one or more said
`
`multiplexers, and also said plurality of multiplexers in one or more said stages are connected so that one
`
`or more said backward connecting links are fed back into one or more said forward connecting links
`
`through one or more said multiplexers; and said cross links between switches of stages of rings between
`
`Page 6 of 278
`
`Page 6 of 278
`
`
`
`Application/Control Number: 15/859,726
`Art Unit: 2472
`
`Page 6
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`any two different subnetworks are connecting as either vertical links only, or horizontal links only, or
`
`both vertical links and horizontal links.
`
`It has been held that the omission an element and its function is an obvious expedient if the
`
`remaining elements perform the same as before. In Re Karlson, 136 USPQ 184 (CCPA). Also, note Ex
`
`Parte Rainu, 168 USPQ 375 (Bd.App. 1969); omission of a reference element whose function is not
`
`needed would be obvious to one skilled in the art.
`
`Allowable Subject Matter
`
`Claims 1-17 are patentable over 102 and/or 103 rejections.
`
`The prior art does not teach or fairly suggest that each stage comprising a switch of size (1 X d,
`
`where d 4 and each said switch of size d X d having d incoming links and d outgoing links; and Said all
`
`inlet links are connecting to one or more of the said incoming links of any said switch of any stage of any
`
`ring of any block, and said all outlet links are connecting from one or more of the said outgoing links of
`
`any said switch of any stage of any ring of any block, Said incoming links and outgoing links in each
`
`switch in said each stage of said each block comprising a plurality of forward connecting links connecting
`
`from switches in lower stage to switches in the immediate succeeding higher stage in the same ring, and
`
`also comprising a plurality of backward connecting links connecting from switches in higher stage to
`
`switches in the immediate preceding lower stage in the same ring; and said forward connecting links
`
`comprising a plurality of straight links connecting from a switch in a stage of a ring in a block to a
`
`plurality of switches in a plurality of stages of the same ring in the same block and also comprising a
`
`plurality of cross links connecting from a switch in a stage of a ring in a block to a plurality of switches in
`
`a plurality of stages of another ring in the same block or to a plurality of switches in a plurality of stages
`
`of another ring in a different block, and said backward connecting links comprising a plurality of straight
`
`links connecting from a switch in a stage of a ring in a block to a plurality of switches in a plurality of
`
`stages of the same ring in the same block and also comprising a plurality of cross links connecting from a
`
`switch in a stage of a ring in a block to a plurality of switches in a plurality of stages of another ring the
`
`Page 7 of 278
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`Page 7 of 278
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`
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`Application/Control Number: 15/859,726
`Art Unit: 2472
`
`Page 7
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`same block or to a plurality of switches in a plurality of stages of another ring in a different block, as
`
`specified in independent claim 1.
`
`Conclusion
`
`Any inquiry concerning this communication or earlier communications from the examiner should
`
`be directed to ANH VU H LY whose telephone number is (571)272-3175. The examiner can normally be
`
`reached on M-F 8am-5pm.
`
`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,
`
`Hassan Kizou can be reached on 571-272-3088. The fax phone number for the organization where this
`
`application or proceeding is assigned is 571-273-8300.
`
`Information regarding the status of an application may be obtained from the Patent Application
`
`Information Retrieval (PAIR) system. Status information for published applications may be obtained
`
`from either Private PAIR or Public PAIR. Status information for unpublished applications is available
`
`through Private PAIR only. For more information about the PAIR system, see http://pair—
`
`direct.uspto. gov. Should you have questions on access to the Private PAIR system, contact the Electronic
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`Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer
`
`Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR
`
`CANADA) or 571-272-1000.
`
`ANH VU H. LY
`
`Primary Examiner
`Art Unit 2472
`
`/ANH VU H LY/
`
`Primary Examiner, Art Unit 2472
`
`Page 8 of 278
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`Page 8 of 278
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`
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`Page 1 of 1
`
`Application/Control No.
`15/859,726
`
`Examiner
`ANH VU H LY
`
`U.S. PATENT DOCUMENTS
`
`Applicant(s)/Patent Under
`Reexamination
`Konda, Venkat
`Art Unit
`2472
`
`Notice ofReferences Cited
`
`Date
`MM-YYYY
`
`CPC Classification
`
`US Classification
`
`Document Number
`Country Code-Number-Kind Code
`US-9509634-B2
`
`US-9374322-B2
`
`US-20140122560-A1
`
`US-7636835-B1
`
`US-9929977-BZ
`
`US-10003553-B2
`
`US—20160261525—A1
`
`US-20110037498—A1
`
`C
`
`C)
`
`H
`
`11-2016
`
`06-2016
`
`05-2014
`
`12-2009
`
`03-2018
`
`06-2018
`
`09—2016
`
`02-2011
`
`Konda; Venkat
`
`Konda; Venkat
`
`Ramey; Carl G.
`
`Ramey; Carl G.
`
`Konda; Venkat
`
`Konda; Venkat
`
`Konda; Venkat
`
`Konda; Venkat
`
`H04L49/102
`
`H04L49/1515
`
`G06F15/17312
`
`G06F9/30003
`
`H04L49/1515
`
`H04L49/109
`
`H04L49/109
`
`G06F17/5077
`
`370/392
`
`370/392
`
`709/201
`
`712/1 0
`
`370/392
`
`370/392
`
`370/392
`
`326/41
`
`Document Number
`Country Code-Number-Kind Code
`WO-2013036544-A1
`
`Date
`MM-YYYY
`03-2013
`
`N
`
`Country
`
`Name
`
`WO
`
`KONDA VENKAT
`
`CPC Classification
`
`H04L49/109
`
`FOREIGN PATENT DOCUMENTS
`
`
`
`
`
`NON-PATENT DOCUMENTS
`
`Include as applicable: Author, Title Date, Publisher, Edition or Volume, Pertinent Pages)
`
`- .
`
`—I
`
`—
`I—
`I—
`
`*A copy of this reference is not being furnished with this Office action. (See MPEP § 707.05(a).)
`Dates in MMeYYYY format are publication dates. Classifications may be US or foreign.
`U.S. Patent and Trademark Office
`
`PTO-892 (Rev. 01-2001)
`
`Notice of References Cited
`
`Part of Paper No. 20190227
`
`Page 9 of 278
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`
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`
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`Page 9 of 278
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`
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`Application/Control N0.
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`Applicant(s)/Patent Under Reexamination
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`Search Notes
`
`15,859,726
`
`||
`
`|||||||||
`
`Examiner
`
`ANH VU H LY
`
`Konda, Venkat
`
`ArtUnit
`
`2472
`
`GPO - Searched*
`
`US Classification - Searched*
`
`—__
`
`* See search history printout included with this form or the SEARCH NOTES box below to determine the scope of the
`search.
`
`Search Notes
`
`Search Notes
`
`(H04L49/15 or H04L49/1515 or H04L49/101 or HO4L49/102).cpc. (text
`search - see search printout)
`
`EAST (USPGPUB, USPAT, USOCR, EPO, JPO, DERWENT) text
`search - see search printout
`
`NPL search - Google and IEEE
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`inventor search
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`— interference search history printout
`
`US Subclass/CPO Group
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`avl
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`Primary Examiner, Art Unit 2472
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`/ANH VU H LY/
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`US. Patent and Trademark Office
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`EAST Search History
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`EAST Search History
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`EAST Search History (Prior Art)
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` Operator
`ERef§Hits ‘Search Query
`§Plura|s§Time
`E#
`3
`Stamp
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`§OFF
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`1 H04L49/15 or H04L49/1515 EUS—PGPUB; USPAT;
`g201a/02/273
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`Sor HO4L49/101 or
`EUSOCR; FPRS; EPO; JPO;§
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`DERWENT'BM—TDB
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`SL1 and ("2" or two) with
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`file:///C/Users/aly 1/Documents/e-Red% 20F01der/ 15 85 9726/EASTSeaIchHistory. 15 859726_AccessibleVersion.htm[2/27/2019 12:54:39 PM]
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`Page 11 of 278
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`
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`PTO/SB/08b (07-09)
`Approved for use through 07/31/2012. OMB 0651-0031
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`Underthe Pa enNork Reduction Act of 1995 no ersons are re uired to res 0nd to a collection ofinformation unless it contains a valid OMB control number.
`
`Substitute for form 1449/PTO
`
`Complete if Known
`
`INFORMATION DISCLOSURE —-5-2018
`STATEMENT BY APPLICANT
`Venkar Konda
`
`(Use as many sheets as necessary)
`
`——
`——
`
`Design of Integrated Circuits and Systems, Vol. 12, No. 1, pp. 79-95, January 1993.
`
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`A. DeHon, “Unifying Mesh- and Tree-Based Programmable Interconnect,” IEEE Trans. on
`Very Large Scale Int. Systems, vol. 12, no. 10, pp. 1051—1065, Oct. 2004
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`Guy Lemieux and David Lewis. Analtyical framework for switch block design. In Intl. Conference on
`Field Programmable Logic and Applications, pages 122-131, September 2002.
`
`Chen, G; Lau, FCM, "A tight layout of the cube-connected cycles“, The 4th International
`Conference on High Perf. Computing, Bangalore, India, 18—21 December 1997, p. 422—427
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`Michael Shyu, Yu-Dong Chang, Guang-Ming Wu, and Yao-Wen Chang, "Generic
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`, “‘Folded Fat H-Tree: an interconnection topology for Dynamically
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`Reconfigurable Processor Array", Embed and Ubiq. Cmpting, lntl Conf. EUC
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`A. DeHon. Balancing Interconnect and Computation in a Reconfigurable Computing Array
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`André DeHon. Compact, Multilayer Layout for Butterfly Fat-Tree. In Twelfth Annual ACM
`Symposium on Parallel Algs and Architectures (SPAA 2000), pages 206-215, July 9-12, 2000
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`V. P. Roychdowdhury et. al., “Segmented Channel Routing,“ IEEE Trans on Computer-Aided
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` CEIECCCIVIH
`
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`
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`
`P.Pande et al. ”Evaluation of MP-SoC Interconnect Architectures: a Case Study”,
`Proceedings of 4th IWSOC, Banff, Alberta, Canada, 19th-21st July, 2004
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`Yeh, C.-H., Varvarigos, E.A., Parhami, B.: Multilayer VLSI layout for interconnection
`networks. In: Proc. Intl. Conf. on Parallel Processing, 2000.
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`M. Lin, A. El Gamal, ”A Low-Power Field-Programmable Gate Array Routing Fabric,“ IEEE
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`AVIOR, A et. al., A Tight Layout of the Butterfly Network. Proc. 8-th Annual ACM Symp. on Parallel
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