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 .
Response to Amendment
This Office action is in response to amendments filed on April 8, 2026.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The 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.
Claims 1-11 and 21 are rejected under 35 U.S.C. 112(b), as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites “a partition separate to one of the dynamic physical partitions”, however, the identity of the partition is unclear. For example, it is unclear whether the partition is derived from the parsed partition requirements, whether it is one of the one or more dynamic physical partitions. Claim 1 recites “generate one or more dynamic physical partitions based on the determined characteristics”, so in the case of generating only one dynamic physical partition, the origin and identity of a (second) “partition separate to one of the dynamic physical partitions” is unclear. Therefore the scope of the claim is indefinite.
For the purposes of examination, the claim has been interpreted as if it recited the generation of two or more dynamic physical partitions, and “a partition separate to one of the dynamic physical partitions” has been interpreted as “a first partition of the dynamic physical partitions separate to a second one of the dynamic physical partitions”. The examiner notes this interpretation is analogous to the two or more partitions recited in claim 12 and the plurality of dynamic physical partitions borrowing capacities shown in Fig. 7 of the instant application.
Claims 2-11 depend on claim 1 and are likewise indefinite.
Claim 21 recites similar limitations to claim 21 and is indefinite under the same rationale. Claim 21 has been interpreted as if it recited the generation of two or more physical partitions and the limitation “plurality of physical memory blocks from one of the physical partitions to a separate partition” has been interpreted as “plurality of physical memory blocks from one of the physical partitions to a separate one of the physical partitions”.
Response to Arguments
Examiner thanks the applicant for their remarks of April 8, 2026. The remarks have been accepted and fully considered.
In light of the amendments to the claims, the 112(b) rejections to claims 12 and 15-20 indicated in the previous Office Action are withdrawn.
The examiner disagrees that the claim amendments make claims 1-11 and 21 satisfy the requirements of 112(b) as the applicant argues on pages 7-8 of their remarks. See the updated 112(b) rejections above.
Conclusion
Applicant’s amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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/C.J.O./
Examiner, Art Unit 2138
/Kaushikkumar M Patel/Primary Examiner, Art Unit 2138
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