Prosecution Insights
Last updated: April 19, 2026
Application No. 18/526,754

Data Storage Device with Memory Services based on Storage Capacity

Final Rejection §102§103
Filed
Dec 01, 2023
Examiner
CHERY, MARDOCHEE
Art Unit
2133
Tech Center
2100 — Computer Architecture & Software
Assignee
Micron Technology, Inc.
OA Round
2 (Final)
88%
Grant Probability
Favorable
3-4
OA Rounds
2y 7m
To Grant
99%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allow Rate
773 granted / 873 resolved
+33.5% vs TC avg
Moderate +10% lift
Without
With
+10.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
13 currently pending
Career history
886
Total Applications
across all art units

Statute-Specific Performance

§101
4.5%
-35.5% vs TC avg
§103
44.1%
+4.1% vs TC avg
§102
18.2%
-21.8% vs TC avg
§112
13.8%
-26.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 873 resolved cases

Office Action

§102 §103
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 allowance or after an Office action under Ex Parte Quayle, 25 USPQ 74, 453 O.G. 213 (Comm'r Pat. 1935). 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, prosecution in this application has been reopened pursuant to 37 CFR 1.114. Applicant's submission filed on 11/06/2025 has been entered. Claim Rejections - 35 USC § 102 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. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim(s) 1, 13 is/are rejected under 35 U.S.C. 102(a1)/(a2) as being anticipated by Huo (US 2022/0308993). Regarding claim 1, Huo discloses a method, comprising: attaching, by a memory sub-system over a connection from a host interface of the memory sub-system to a host system, a memory device having a memory space configured in first memory of the memory sub-system [FIG. 1: memory sub-system attached via a host connection interface to the host system, memory device with memory space residing within the memory sub-system]; attaching, by the memory sub-system over the connection from the host interface of the memory sub-system to the host system, a storage device having a storage space configured in the first memory of the memory sub-system [¶0014, 0009: a host system coupled to a memory sub-system storing in a cache logical memory address-to-physical memory address (L2P) mapping entries on the host system (local memory of the host system), host system sends access requests to the memory sub-system to store data at the memory sub-system and to read data from the memory sub-system]; allocating, by the memory sub-system, an amount of second memory, faster than the first memory, to represent pages of the memory space in servicing memory requests in the memory space [¶0020: operations are performed by the memory sub-system while a garbage collection process is being performed on one or more units of memory (pages) associated with the select portion of the address mapping]; managing, by the memory sub-system, an address map configured to identify correlations between pages of the second memory and corresponding pages of the memory space represented by the pages of the second memory [FIG. 3: generate data request comprising select logical memory address and select physical memory address based on host-side address memory mapping entry, cause data request to be sent from host system to memory sub-system]. Regarding claim 13, the rationale in the rejection of claim 1 is herein incorporated. Claim Rejections - 35 USC § 103 The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claim(s) 2-6, 13, and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huo (US 2022/0308993) and Mohseni et al. (WO 2022/216506). Regarding claim 2, Huo discloses operating, by the memory sub-system, the first memory in response to a storage access request transmitted over the connection according to a storage access protocol, the storage access request identifying a logical block address in the storage space [¶0029: host system includes a processor chipset including one or more cores, one or more caches, a memory controller, and a storage protocol controller wherein the host system uses the memory sub-system to write data to the memory sub-system and read data from the memory sub-system]. Huo does not explicitly disclose operating, by the memory sub-system, a first page of the second memory in response to a memory access request transmitted over the connection according to a cache coherent memory access protocol, the memory access request identifying a memory address in the memory space. Mohseni et al., however, discloses operating, by the memory sub-system, a first page of the second memory in response to a memory access request transmitted over the connection according to a cache coherent memory access protocol, the memory access request identifying a memory address in the memory space [¶0170-0175: address space for memory, access counters that keep track of frequency access of GPUs to memory and ensure that memory pages are moved to physical memory of the processor that is accessing pages, wherein cache connected to CPUs include write back cache using a cache coherence protocol (MEI, MESI, MSI, etc.)]; wherein the connection is a computer express link (CXL) connection [¶0254: compute express link]. It would have been obvious to one of ordinary skill in the art to have operated, by the memory sub-system, a first page of the second memory in response to a memory access request transmitted over the connection according to a cache coherent memory access request protocol in order to improve efficiency for memory ranges shared between processors [¶0171). Regarding claim 3, Huo discloses the method of claim 2, wherein the storage space coincides with the memory space [FIG. 1, 2: local memory, memory device]. Regarding claim 4, Huo discloses the method of claim 3, wherein the address map includes data associating a first identification of the first page with a second identification of a second page of the memory space [¶0020: operations are performed by the memory sub-system while a garbage collection process is being performed on units of memory (pages) associated with select portion of the address mapping data]. Regarding claim 5, Huo discloses the method of claim 4, wherein the identification of the second page is based on the logical block address in the storage space [¶0171: memory pages are moved to physical of a processor that is accessing pages]. Regarding claim 6, Huo discloses the method of claim 5, further comprising: mapping, by a flash translation layer of the memory sub-system, the logical block address to one or more pages of memory cells in the memory sub-system [¶0041, 0052]. Regarding claim 15, the rationale in the rejection of claim 2 is herein incorporated. Claim(s) 7-12, 17, 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huo (US 2022/0308993) and Mohseni et al. (WO 2022/216506) and Subbarao et al. (2020/0356307). Regarding claim 7, Huo discloses the method of claim 6, but does not explicitly disclose wherein the first page of the second memory is configured to represent a memory cell page having memory cells configured to be programmed together to store data in one atomic programming operating. Subbarao et al., however, discloses the first page of the second memory is configured to represent a memory cell page having memory cells configured to be programmed together to store data in one atomic programming operating [¶0074, 0076: when a memory cell in a page of memory cells is programmed in an atomic write operation, the atomic write operation programs the memory cells in the page]. It would have been obvious to one of ordinary skill in the art to have a first page of the second memory being configured to represent a memory cell page having memory cells configured to be programmed together to store data in one atomic programming operating in order to store data at the memory devices and retrieve data from the memory devices (¶0003). Regarding claim 8, Subbarao et al. discloses the method of claim 7, further comprising, in response to the memory access request identifying the memory address: determining that the second page of the memory space is not yet represented by any page in the second memory [¶0056, 0069, ]; allocating the first page of the second memory; retrieving page data from the memory cell page; and storing the page data into the first page of the second memory [FIG. 4, Claim 11, 20]. Regarding claim 9, Subbarao et al. discloses the method of claim 7, further comprising, in response to the memory access request identifying the memory address to store first data: storing the first data into the first page of the second memory [FIG. 4]; and updating the address map to indicate that the first page has content to be stored into the second memory [FIG. 5]. Regarding claim 10, Subbarao et al. discloses the method of claim 9, further comprising, in response to the memory access request identifying the memory address to store the first data: storing data identifying the memory cell page being no longer in use [FIG. 4, 5]. Regarding claim 11, Subbarao et al. discloses the method of claim 10, further comprising, in response to a determination that the host system is not actively using the second page of the memory space: storing the content of the first page into the second memory [FIG. 4, 5]; and updating the address map to indicate that the content in the first page is same as in a corresponding page in the second memory [FIG. 4, 5]. Regarding claim 12, Subbarao et al. discloses the method of claim 11, wherein the storing the content includes: allocating the memory cell page; and performing an atomic programming operating to store the content in the memory cell page [¶0074, 0076: when a memory cell in a page of memory cells is programmed in an atomic write operation, the atomic write operation programs the memory cells in the page]. Regarding claim 14, Subbarao et al. discloses the memory sub-system of claim 13, wherein the controller is further configured to: allocate a namespace of the non-volatile storage capacity [¶0046]; and map the memory space to the namespace [¶0068], Mohseni et al. discloses wherein the second memory is faster than the first memory [¶0113, 0115]. Regarding claim 17, the rationale in the rejection of claims 1 and 14 is herein incorporated. Regarding claim 19, Mosheni et al. discloses the non-transitory computer storage medium of claim 18, wherein further comprising: manage caching of pages of the memory space in a volatile memory of the memory sub-system [¶0170-0175: address space for memory, access counters that keep track of frequency access of GPUs to memory and ensure that memory pages are moved to physical memory of the processor that is accessing pages, wherein cache connected to CPUs include write back cache using a cache coherence protocol (MEI, MESI, MSI, etc.)]. Regarding claim 20, Subbarao et al. discloses the non-transitory computer storage medium of claim 19, wherein each page cached in the volatile memory of the memory sub-system has a size of a memory cell page allocated to host a portion of the memory space; and wherein memory cells in the memory cell page are configured to be programmed together in an atomic programming operation to store data [¶0074, 0076: when a memory cell in a page of memory cells is programmed in an atomic write operation, the atomic write operation programs the memory cells in the page]. Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huo (US 2022/0308993) and Mohseni et al. (WO 2022/216506) and Hinkle (US20230297236). Regarding 18, the rationale in the rejection of claim 2 is herein incorporated. Huo does not explicitly disclose provide the host system with memory access to a memory space corresponding to the namespace using a cache coherent memory access protocol over the connection. Hinkle provide the host system with memory access to a memory space corresponding to the namespace using a cache coherent memory access protocol over the connection [FIG. 1, 3, 4:62-70; ¶0014]. It would have been obvious to one of ordinary skill in the art to have provide the host system with memory access to a memory space corresponding to the namespace using a cache coherent memory access protocol over the connect in order to provide processor with quick access to cached pages and improves overall performance (¶0002). Allowable Subject Matter Claims 16 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 All claims are identical to or patentably indistinct from, or have unity of invention with claims in the application prior to the entry of the submission under 37 CFR 1.114 (that is, restriction (including a lack of unity of invention) would not be proper) and all claims could have been finally rejected on the grounds and art of record in the next Office action if they had been entered in the application prior to entry under 37 CFR 1.114. Accordingly, THIS ACTION IS MADE FINAL even though it is a first action after the filing of a request for continued examination and the submission under 37 CFR 1.114. See MPEP § 706.07(b). 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 MARDOCHEE CHERY whose telephone number is (571)272-4246. The examiner can normally be reached 900-500. 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, Rocio del Mar Perez-Velez can be reached at (571) 270-5935. 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. /MARDOCHEE CHERY/Primary Examiner, Art Unit 2133
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Prosecution Timeline

Dec 01, 2023
Application Filed
Mar 14, 2025
Non-Final Rejection — §102, §103
Jun 20, 2025
Response Filed
Nov 06, 2025
Request for Continued Examination
Nov 15, 2025
Response after Non-Final Action
Nov 28, 2025
Final Rejection — §102, §103
Feb 02, 2026
Applicant Interview (Telephonic)
Feb 06, 2026
Examiner Interview Summary

Precedent Cases

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2y 5m to grant Granted Mar 24, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
88%
Grant Probability
99%
With Interview (+10.2%)
2y 7m
Median Time to Grant
Moderate
PTA Risk
Based on 873 resolved cases by this examiner. Grant probability derived from career allow rate.

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