Prosecution Insights
Last updated: May 29, 2026
Application No. 18/391,703

DATA WRITING AND RECOVERY METHOD FOR USE IN QUADRUPLE-LEVEL CELL FLASH MEMORY AND RELATED AND MEMORY CONTROLLER AND STORAGE DEVICE

Final Rejection §112
Filed
Dec 21, 2023
Priority
Dec 22, 2022 — provisional 63/434,900 +1 more
Examiner
CHOWDHURY, SUBIR KUMAR
Art Unit
2132
Tech Center
2100 — Computer Architecture & Software
Assignee
Silicon Motion Inc.
OA Round
4 (Final)
80%
Grant Probability
Favorable
5-6
OA Rounds
0m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allowance Rate
24 granted / 30 resolved
+25.0% vs TC avg
Strong +16% interview lift
Without
With
+16.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 2m
Avg Prosecution
19 currently pending
Career history
62
Total Applications
across all art units

Statute-Specific Performance

§101
1.1%
-38.9% vs TC avg
§103
87.6%
+47.6% vs TC avg
§102
7.6%
-32.4% vs TC avg
§112
3.2%
-36.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 30 resolved cases

Office Action

§112
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 . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 07/23/2025 has been entered. Response to Amendment The office action is responding to the arguments filed on 03/02/2026. Claims 1-3,5-11 and 13-18 are pending. Arguments with regard to 35 U.S.C. 112(a) rejection of office action filed on 10/29/2025 has been considered and is hereby withdrawn. But a new 35 U.S.C. 112(a) rejection has been added due to amendments to claims 5 and 13. Claim Rejections - 35 USC § 112 The following is a quotation of the first paragraph 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 the first paragraph of pre-AIA 35 U.S.C. 112: 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. Claims 5 and 13 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing 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 applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The added limitation in the amended claims 5 and 13 “determining that a current voltage of the memory cell falls within a voltage range corresponding to a plurality of candidate charge states, wherein un-backed-up data corresponding to the plurality of candidate charge states are identical due to the gray-code mapping principle” does not have sufficient support in the specification. The specification discloses the "backed-up middle page data or backed-up lower page data " are in paragraph [0039] for Fig 5 but not specifically teach un-backed-up data corresponding to the plurality of candidate charge states. Claim 5 and 13 are therefore rejected under 35 U.S.C. 112 (pre-AIA ), first paragraph as failing to comply with the written description requirement. Dependent claims 6-8, 14-15 and 18 are rejected based on their dependency on rejected claims 5 and 13. Allowable Subject Matter Claims 1 and 9 are allowable. Examiner has conducted update search and given considerations to applicants arguments and/or requests. The prior art does not teach “writing one or more first user data, as requested by the one or more first host write commands, to lower pages of the plurality of TLC blocks configured as the one or more SLC blocks; in response to determining that a writable space in the flash memory is below a first predetermined value, configuring the plurality of TLC blocks configured as the one or more SLC blocks as one or more multi-level cell (MLC) blocks; based on one or more second host write commands, writing one or more second user data, as requested by the one or more second host write commands, to middle pages of the plurality of TLC blocks configured as the one or more the upper pages of the one or more MLC blocks without performing a garbage collection operation; in response to determining that the writable space in the flash memory falls between the first predetermined value and a second predetermined value, configuring the plurality of TLC blocks configured as the one or more MLC blocks as one or more TLC blocks; and based on one or more third host write commands, writing one or more third user data, as requested by the one or more third host write commands, to upper pages of the one or more TLC blocks without performing a garbage collection operation” – limitations of claims 1 and 9. The closest prior art Jain does teach Helm et al. (US 20210349662 A1) does teach writing to SLC, MLC, TLC and QLC blocks based on capacity threshold but not teach in an order of writing first user data to lower page of TLC blocks configured as SLC block, then writing second user data to middle pages of TLC block configured as MLC block and then writing third user data to upper pages of TLC block without performing garbage collection. Claims 5 and 13 are allowable if the 112(a) rejection set forth above is overcome. Examiner has conducted update search and given considerations to applicants arguments and/or requests. The prior art does not teach “determining that a current voltage of the memory cell falls within a voltage range corresponding to a plurality of candidate charge states, wherein un-backed-up data corresponding to the plurality of candidate charge states are identical due to the gray-code mapping principle based on the current voltage falling within the voltage range and the backed-up only one of the middle page data and the lower page data from the another memory cell of the flash memory, recovering the middle page data and the lower page data of the memory cell” – limitations of claims 5 and 13. The closest prior art Jain does teach Avila et al. (US 9201788 B1) does teach SLC blocks providing backup copies of lower, middle and upper pages but does not teach un-backed-up data corresponding to the plurality of candidate charge states are identical due to the gray-code mapping principle based on the current voltage falling within the voltage range and the backed-up only one of the middle page data and the lower page data from the another memory cell of the flash memory, recovering the middle page data and the lower page data of the memory cell. Response to Arguments Applicant’s arguments filed on 03/02/2026 have been fully considered and are persuasive for claims 1 and 9. However, in the current action, Claim(s) 5 and 13 have been rejected under 35 U.S.C. 112(a) as failing to comply with the written description requirement. Claims 5 and 18 would be allowed if the 35 USC 112(a) rejection is overcome. Conclusion THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUBIR K CHOWDHURY whose telephone number is (703)756-1207. The examiner can normally be reached Monday-Friday 8:30 - 5:00 CST. 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, Hosain Alam can be reached at (571)-272-3978. 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. /S.K.C./Examiner, Art Unit 2132 /HOSAIN T ALAM/Supervisory Patent Examiner, Art Unit 2132
Read full office action

Prosecution Timeline

Show 1 earlier event
Jan 10, 2025
Non-Final Rejection mailed — §112
Apr 02, 2025
Response Filed
Apr 24, 2025
Final Rejection mailed — §112
Jul 23, 2025
Request for Continued Examination
Jul 25, 2025
Response after Non-Final Action
Oct 29, 2025
Non-Final Rejection mailed — §112
Mar 02, 2026
Response Filed
Apr 01, 2026
Final Rejection mailed — §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12638980
MEMORY SYSTEMS, METHODS, AND MEDIA HAVING A DYNAMIC SYSTEM AREA
2y 5m to grant Granted May 26, 2026
Patent 12625814
GRAPHICS PROCESSOR MEMORY ACCESS ARCHITECTURE WITH ADDRESS SORTING
4y 7m to grant Granted May 12, 2026
Patent 12566564
EFFICIENT USAGE OF REDUNDANT COLUMNS IN FLASH MEMORY
2y 6m to grant Granted Mar 03, 2026
Patent 12535967
BUFFERING DEVICE AND CONTROL METHOD THEREOF
2y 1m to grant Granted Jan 27, 2026
Patent 12524168
NON-VOLATILE MEMORY DEVICE AND STORAGE DEVICE
2y 4m to grant Granted Jan 13, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

5-6
Expected OA Rounds
80%
Grant Probability
96%
With Interview (+16.1%)
2y 2m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 30 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month