Prosecution Insights
Last updated: April 19, 2026
Application No. 18/505,014

FLEXIBLE MEMORY MANAGEMENT FOR VIRTUAL MACHINES

Non-Final OA §102
Filed
Nov 08, 2023
Examiner
TURCHEN, JAMES R
Art Unit
2439
Tech Center
2400 — Computer Networks
Assignee
Google LLC
OA Round
1 (Non-Final)
82%
Grant Probability
Favorable
1-2
OA Rounds
3y 1m
To Grant
99%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allow Rate
523 granted / 637 resolved
+24.1% vs TC avg
Strong +34% interview lift
Without
With
+33.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
24 currently pending
Career history
661
Total Applications
across all art units

Statute-Specific Performance

§101
10.0%
-30.0% vs TC avg
§103
48.2%
+8.2% vs TC avg
§102
25.1%
-14.9% vs TC avg
§112
10.2%
-29.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 637 resolved cases

Office Action

§102
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 . Claim Rejections - 35 USC § 102 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claim(s) 1-8, 10-17, 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hildenbrand (US 2022/0171644) hereafter Hildenbrand. 1. Hildenbrand discloses a method comprising: allocating, by a virtual machine monitor executing at a host computing system, an amount of memory for a guest virtual machine, the amount of memory being less than a maximum amount of memory the guest virtual machine is configured to utilize, wherein the host computing system provides an execution environment for the guest virtual machine (fig 5A and corresponding text; fig. 1 and corresponding text); and after starting a boot process of the guest virtual machine: responsive to an attempt to access a memory location of the guest virtual machine that is unallocated, receiving, by the virtual machine monitor, a memory access error that includes an indication of the memory location that was attempted to be accessed (fig 5A, 514, 516 and corresponding text); responsive to receiving the memory access error, allocating, by the virtual machine monitor, additional memory for the guest virtual machine, wherein the additional memory includes the memory location (fig 5A, 518->532 and corresponding text); and accessing, by the virtual machine monitor, the memory location (fig 5A, 534->536 and corresponding text). 2. Hildenbrand discloses the method of claim 1, wherein accessing the memory location completes an instruction being executed by the guest virtual machine that triggered the memory access error (para 71). 3. Hildenbrand discloses the method of claim 1, wherein allocating the additional memory for the guest virtual machine comprises causing, by the virtual machine monitor, the host computing system to allocate the additional memory by at least adjusting an amount of memory allocated to a virtual balloon (para 66-68; see also para 3, 14). 4. Hildenbrand discloses the method of claim 3, wherein the virtual machine monitor determines whether the amount of available memory of the host computing system satisfies a threshold amount of available memory before any adjustment of the amount of memory allocated to the virtual balloon (para 33-35; figs 5A and 5B and corresponding text). 5. Hildenbrand discloses the method of claim 1, further comprising: monitoring, by the virtual machine monitor, memory pressure of the guest virtual machine, and selectively adjusting, based on the memory pressure, the amount of memory allocated to the guest virtual machine (figs 5A and 5B and corresponding text). 6. Hildenbrand discloses the method of claim 5, wherein selectively adjusting the amount of memory allocated to the guest virtual machine comprises: responsive to determining, based on the memory pressure, that the guest virtual machine is to be allocated additional memory, reducing, by the virtual machine monitor, the amount of memory allocated to a virtual balloon, wherein the amount of memory allocated by a host computing system to the guest virtual machine is inversely proportional to the amount of memory allocated to the virtual balloon (figs 5A and 5B and corresponding text). 7. Hildenbrand discloses the method of claim 6, wherein selectively adjusting the amount of memory allocated to the guest virtual machine comprises: responsive to determining, based on the memory pressure, that the amount of memory allocated to the guest virtual machine can be reduced, increasing, by the virtual machine monitor, the amount of memory allocated to the virtual balloon, wherein the amount of memory allocated by a host computing system to the guest virtual machine is inversely proportional to the amount of memory allocated to the virtual balloon (figs 5A and 5B and corresponding text). 8. Hildenbrand discloses the method of claim 6, further comprising: responsive to the virtual machine monitor adjusting the amount of memory allocated to the virtual balloon, receiving, an updated memory pressure, and selectively adjusting, based on the updated memory pressure, the amount of memory allocated to the guest virtual machine (figs 5A and 5B and corresponding text). Claims 10-17, 19 are similar in scope to claims 1-8 and are rejected under similar rationale. Allowable Subject Matter Claims 9, 18, 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. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES R TURCHEN whose telephone number is (571)270-1378. The examiner can normally be reached Monday-Friday: 7-3. 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, Luu Pham can be reached at 571-270-5002. 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. /JAMES R TURCHEN/Primary Examiner, Art Unit 2439
Read full office action

Prosecution Timeline

Nov 08, 2023
Application Filed
Feb 11, 2026
Non-Final Rejection — §102 (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
82%
Grant Probability
99%
With Interview (+33.7%)
3y 1m
Median Time to Grant
Low
PTA Risk
Based on 637 resolved cases by this examiner. Grant probability derived from career allow rate.

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