Prosecution Insights
Last updated: April 19, 2026
Application No. 18/600,256

MANAGEMENT AND CONTROL FOR EPHEMERAL DATA

Non-Final OA §103
Filed
Mar 08, 2024
Examiner
PATEL, JIGAR P
Art Unit
2114
Tech Center
2100 — Computer Architecture & Software
Assignee
Micron Technology, Inc.
OA Round
3 (Non-Final)
80%
Grant Probability
Favorable
3-4
OA Rounds
3y 1m
To Grant
97%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allow Rate
460 granted / 575 resolved
+25.0% vs TC avg
Strong +17% interview lift
Without
With
+16.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
26 currently pending
Career history
601
Total Applications
across all art units

Statute-Specific Performance

§101
8.8%
-31.2% vs TC avg
§103
62.9%
+22.9% vs TC avg
§102
13.6%
-26.4% vs TC avg
§112
5.2%
-34.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 575 resolved cases

Office Action

§103
DETAILED ACTION This communication is responsive to the application, filed January 14, 2026. Claims 1-20 are pending in this application. Examined under the first inventor to file provisions of the AIA The present application was filed on March 8, 2024, which is on or after March 16, 2013, and thus is being examined under the first inventor to file provisions of the AIA . 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 of this title, 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. Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Flynn et al. (US 9,250,817 B2) in view of Kuchibhotla et al. (US 2023/0385159 A1). As per claim 1: A method, comprising: receiving, from a host system, a command to allocate a portion of a memory device of a memory system for storing ephemeral data that has a first retention parameter that is smaller than a second retention parameter associated with other data stored by the memory system; allocating the portion of the memory device for storing ephemeral data based on receiving the command; Flynn discloses [col. 50, lines 38-46] the storage may provide designating certain portions of the logical address space as being ephemeral. The ephemeral address range is set to be deleted under certain conditions, which makes it associated with temporary storage and shorter retention. The ephemeral data is handled differently than persistent data, which has a longer retention and/or a more permanent storage. Accordingly, the allocation of an ephemeral address range in Flynn occurs within a client–controller storage interface in which the client requests storage operations from the controller. A person of ordinary skill in the art would therefore understand that the storage system receives commands from a client device (i.e., a host system) to allocate portions of the logical address space used for storing data, including ephemeral data. Therefore, Flynn teaches or at least suggests receiving a command from a host system to allocate a portion of memory for storing ephemeral data. suspending one or more memory management operations for the portion of the memory device based on allocating the portion for storing the ephemeral data; storing the ephemeral data to the portion of the memory device based on suspending the one or more memory management operations; Flynn discloses [col. 50, lines 47-60] data may be identified as ephemeral by the storage layer. When the storage layer persists the index as part of a shutdown, restart, or other operation, entries including an ephemeral data may be omitted. Since ephemeral data is excluded for certain operations, it is effectively suspending or limiting memory management for such data. Flynn further discloses [cols. 52-55; Figs. 25A-25C] ephemeral data is stored in non-volatile media and can later be removed or invalidated. Flynn describes maintaining the metadata for the packet in a temporary location, until the method can determine whether a persistent note removing the ephemeral designation exists. Flynn further describes that ephemeral data may not be treated as invalid until its age exceeds a threshold and that removing an ephemeral designation may comprise persisting a metadata note on the media. Together, these teachings clearly show that Flynn stores ephemeral data in a temporary/persisted form while management (grooming, reclamation, metadata update) operations are suspended or deferred, thereby teaching storage of ephemeral data after suspension of memory operations. performing, by the memory system, an error control procedure to identify an error in the ephemeral data based on performing an error detection operation on the ephemeral data; and transmitting, by the memory system, an indication of the error based on performing the error control procedure. Flynn discloses [col. 52, lines 1-11] if a failure occurs during a transaction, the ephemeral data may be ignored. This is an error control procedure to identify a failure occurred during a transaction in the ephemeral data and the ephemeral data is ignored. Flynn further discloses [col. 52, lines 12-29] when the ephemeral data exceeds a threshold, it may be considered to be part of a failed transaction, and may be invalidated. Flynn discloses identifying an error in the ephemeral data, but fails to explicitly disclose indication of the error based on performing the error control procedure. Kuchibhotla discloses a similar method, which further teaches [0067] the event indicating performing error detection operation on the ephemeral storage. After detecting a failure at the ephemeral storage, for example when updating the state of the cloud-based storage in response to detecting the event indicating that the cloud-based snapshot is to be generated. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the teachings of Flynn with that of Kuchibhotla. One would have been motivated to transmitting an indication of the error based on performing error control because it allows to generate snapshot based on the indication [Kuchibhotla; 0067]. As per claim 2: The method of claim 1, wherein the command indicates a size of the portion of the memory device to allocate, a minimum retention time for the ephemeral data stored in the portion of the memory device, a latency associated with accessing the ephemeral data in the memory device, or a combination thereof. Flynn discloses [col. 50, lines 38-46] the storage may provide designating certain portions of the logical address space as being ephemeral. The ephemeral address range is set to be deleted under certain conditions. The conditions may include a restart operation, a shutdown event, expiration of pre-determined time, resource exhaustion, etc. As per claim 3: The method of claim 1, further comprising: transferring the ephemeral data from a second portion of the memory device to the portion of the memory device or a second memory device of the memory system, wherein storing the ephemeral data to the portion of the memory device is based at least on transferring the ephemeral data. Flynn discloses [col. 54, lines 55-63] removing the ephemeral data may comprise transferring the valid data to a mirror device. The data is transferred from a portion of the memory device to a second memory device of the system. As per claim 4: The method of claim 1, further comprising: receiving the ephemeral data from the host system, wherein the host system is coupled with the memory system; and writing the ephemeral data to the portion of the memory device, wherein storing the ephemeral data is based on the writing. Flynn discloses [col. 54, lines 55-63] removing the ephemeral data may comprise transferring the valid data to a mirror device. The data is transferred from a portion of the memory device to a second memory device of the system. As per claim 5: The method of claim 1, further comprising: receiving an indication to perform the error detection operation or an indication of a frequency for performing the error detection operation, wherein performing the error detection operation is based on receiving the indication. Kuchibhotla discloses [0067] the event indicating performing error detection operation on the ephemeral storage. After detecting a failure at the ephemeral storage, for example when updating the state of the cloud-based storage in response to detecting the event indicating that the cloud-based snapshot is to be generated. As per claim 6: The method of claim 1, further comprising: storing second ephemeral data to the portion of the memory device based on transmitting the indication, the second ephemeral data comprising back-up data for the ephemeral data. Flynn discloses [col. 50, lines 38-46] the storage may provide designating certain portions of the logical address space as being ephemeral. The ephemeral address range is set to be deleted under certain conditions, which makes it associated with temporary storage and shorter retention. It is clear from the teachings that a plurality of ephemeral data can be generated by the memory system and stored based on the data being generated. As per claim 7: The method of claim 6, further comprising: generating, by a processor of the memory system, the second ephemeral data, wherein storing the second ephemeral data is based on generating the second ephemeral data. Flynn discloses [col. 50, lines 38-46] the storage may provide designating certain portions of the logical address space as being ephemeral. The ephemeral address range is set to be deleted under certain conditions, which makes it associated with temporary storage and shorter retention. It is clear from the teachings that a plurality of ephemeral data can be generated by the memory system and stored based on the data being generated. As per claim 8: The method of claim 1, further comprising: entering a performance mode associated with operating the portion of the memory device based on allocating the portion of the memory device, wherein suspending the one or more memory management operations is based on entering the performance mode. Flynn discloses [col. 50, lines 47-60] data may be identified as ephemeral by the storage layer. When the storage layer persists the index as part of a shutdown, restart, or other operation, entries including an ephemeral data may be omitted. Since ephemeral data is excluded for certain operations, it is effectively suspending or limiting memory management for better performance. As per claim 9: The method of claim 1, wherein suspending the one or more memory management operations comprises: refraining from performing refresh operations on the ephemeral data in the portion of the memory device, decreasing a frequency for performing the error detection operation, refraining from performing an error correction operation on the ephemeral data in the portion of the memory device, or any combination thereof. Flynn discloses [col. 16, lines 19-47] the groomer module may adjust operations, such as consolidation of data, an error detection rate, improving data distribution, data refresh rate, based on a threshold condition that can be adjusted to improve performance and data reliability. As per claim 10: The method of claim 1, further comprising: updating a value of a register associated with the portion of the memory device, the value corresponding to an address associated with the error in the ephemeral data. Kuchibhotla discloses [0067] the event indicating performing error detection operation on the ephemeral storage. After detecting a failure at the ephemeral storage, for example when updating the state of the cloud-based storage in response to detecting the event indicating that the cloud-based snapshot is to be generated. Kuchibhotla further discloses [0098] the state update can be one or more memories, registers, or other machine components that receive, store, transmit, or display information. As per claim 11: The method of claim 1, wherein the indication comprises an interrupt with a list of addresses associated with errors in the ephemeral data, a message transmitted to a queue between the memory system and the host system, or an operating code associated with storing the ephemeral data. Flynn discloses [col. 50, lines 38-46] an ephemeral address range is an address range that is set to be automatically deleted under certain conditions. These conditions is an interrupt with a list of ephemeral address range that needs to be deleted when the conditions are met. As per claims 12-19: Although claims 12-19 are directed towards a method claim, they are rejected under the same rationale as the method claims 1-11 above because claims 12-19 are obvious variants of claims 1-11 and are taught by the cited references. As per claim 20: Although claim 20 is directed towards an apparatus claim, it is rejected under the same rationale as the method claim 1 above. Response to Arguments Applicant's arguments filed December 16, 2025 have been fully considered but they are not persuasive. In response to applicant’s argument that that Flynn merely describes a storage layer designating logical address space as ephemeral and therefore does not teach or suggest “receiving, from a host system, a command to allocate a portion of a memory device of a memory system for storing ephemeral data…” the examiner respectfully disagrees. Flynn describes a storage architecture in which a storage controller presents a logical address space to one or more storage clients that interact with the storage system. Flynn explains that the storage controller comprises a storage layer which presents the logical address space to storage clients. A person of ordinary skill in the art would understand that interaction between the storage client and the storage controller necessarily occurs through commands or requests issued by the client to the storage system in order to allocate logical address space and perform storage operations. Flynn further discloses designating portions of the logical address space as ephemeral, where the ephemeral address range is associated with temporary storage and shorter retention characteristics. Accordingly, the allocation of an ephemeral address range in Flynn occurs within a client–controller storage interface in which the client requests storage operations from the controller. A person of ordinary skill in the art would therefore understand that the storage system receives commands from a client device (i.e., a host system) to allocate portions of the logical address space used for storing data, including ephemeral data. Therefore, Flynn teaches or at least suggests receiving a command from a host system to allocate a portion of memory for storing ephemeral data. In response to applicant’s argument that Flynn only describes metadata identifying data as ephemeral and does not disclose allocating a portion of memory having a different retention characteristic, the examiner respectfully disagrees. Flynn expressly discloses that the storage metadata may designate portions of the logical address space as temporary or ephemeral. Flynn further explains that an ephemeral address range is set to be deleted automatically under certain conditions, which associates the address range with temporary storage and shorter retention relative to persistent data. These teachings clearly demonstrate that ephemeral data stored in the designated address ranges has a shorter retention behavior compared to other data stored in the memory system. A person of ordinary skill in the art would therefore understand that Flynn teaches storage regions having different retention characteristics, thereby satisfying the claimed limitation that ephemeral data has a retention parameter smaller than that associated with other stored data. In response to applicant’s argument that Flynn fails to disclose or suggest “storing any ephemeral data after one or more memory operations are suspended” the examiner respectfully disagrees. Flynn explicitly discloses [cols. 52-55; Figs. 25A-25C] ephemeral data is stored in non-volatile media and can later be removed or invalidated. Flynn describes maintaining the metadata for the packet in a temporary location, until the method can determine whether a persistent note removing the ephemeral designation exists. Flynn further describes that ephemeral data may not be treated as invalid until its age exceeds a threshold and that removing an ephemeral designation may comprise persisting a metadata note on the media. Together, these teachings clearly show that Flynn stores ephemeral data in a temporary/persisted form while management (grooming, reclamation, metadata update) operations are suspended or deferred, thereby teaching storage of ephemeral data after suspension of memory operations. In response to applicant’s argument that Flynn fails to disclose or suggest “storing ephemeral data that has a first retention parameter that is smaller than a second retention parameter associated with other data stored by the memory device” the examiner respectfully disagrees. Flynn discloses [cols. 52-55; Figs. Fig. 26] a storage client requesting allocation of LIDs and designating them ephemeral. See the flowchart for allocating ephemeral LID ranges (steps 2530-2550] and the API description. Flynn further describes ephemeral LID ranges/data are auto-deleted on restart or expire when a time-out/age threshold is exceeded, and that ephemeral data may be omitted during reclamation (i.e. retained only briefly vs. non-ephemeral data). Flynn further explains persisting notes to remove or change ephemeral designation (persisting metadata notes), which shows management of retention and confirms ephemeral data is stored and then alter treated/removed per retention logic. Conclusion The following prior art made of record and not relied upon is cited to establish the level of skill in the applicant’s art and those arts considered reasonably pertinent to applicant’s disclosure. See MPEP 707.05(c). · US 12,164,384 B2 – Moshkovich discloses ephemeral storage, the logical storage resources and data, which are associated with a given virtual machine instance or application instance, are not saved when the given virtual machine or application instance is deleted, stopped, terminated, etc. In other words, ephemeral storage resources are non-persistent storage resources that are attached to active instances and exist only during the running lifetime of the instances. If a given instance is stopped, terminated, etc., the ephemeral storage resource, which is attached to the given instance, is lost. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JIGAR P PATEL whose telephone number is (571)270-5067. The examiner can normally be reached on Monday to Friday 10AM-6PM. 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, Ashish Thomas, can be reached on 571-272-0631. 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 https://ppair-my.uspto.gov/pair/PrivatePair. Should you have questions on access to the Private PAIR system, contact the Electronic 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. /JIGAR P PATEL/Primary Examiner, Art Unit 2114
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Prosecution Timeline

Mar 08, 2024
Application Filed
Apr 19, 2025
Non-Final Rejection — §103
Jul 18, 2025
Response Filed
Oct 21, 2025
Final Rejection — §103
Dec 16, 2025
Response after Non-Final Action
Jan 14, 2026
Request for Continued Examination
Jan 26, 2026
Response after Non-Final Action
Mar 07, 2026
Non-Final Rejection — §103 (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

3-4
Expected OA Rounds
80%
Grant Probability
97%
With Interview (+16.9%)
3y 1m
Median Time to Grant
High
PTA Risk
Based on 575 resolved cases by this examiner. Grant probability derived from career allow rate.

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