Prosecution Insights
Last updated: April 19, 2026
Application No. 18/639,709

DETERMINATION OF MEMORY SYSTEMS STORAGE MODES, OPERATING METHODS THEREOF, AND STORAGE MEDIA

Non-Final OA §102§112
Filed
Apr 18, 2024
Examiner
GIARDINO JR, MARK A
Art Unit
2135
Tech Center
2100 — Computer Architecture & Software
Assignee
Yangtze Memory Technologies Co. Ltd.
OA Round
3 (Non-Final)
85%
Grant Probability
Favorable
3-4
OA Rounds
2y 7m
To Grant
87%
With Interview

Examiner Intelligence

Grants 85% — above average
85%
Career Allow Rate
566 granted / 669 resolved
+29.6% vs TC avg
Minimal +2% lift
Without
With
+2.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
21 currently pending
Career history
690
Total Applications
across all art units

Statute-Specific Performance

§101
2.7%
-37.3% vs TC avg
§103
62.6%
+22.6% vs TC avg
§102
7.6%
-32.4% vs TC avg
§112
8.7%
-31.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 669 resolved cases

Office Action

§102 §112
DETAILED ACTION 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/2/2025 has been entered. REJECTIONS NOT BASED ON PRIOR ART 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. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, 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 “the data writing” at the seventh-to-last line of the claim. There is insufficient antecedent basis for this limitation of the claim. This limitation has been interpreted as “[[the]] data writing.” The other independent claims have a similar issue. The dependent claims inherit this rejection. Appropriate correction is required. REJECTIONS BASED ON PRIOR ART 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 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. 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)(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. Claims 1, 3-7, 9-11, 13-17, 19, and 20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Pletka et al (US 2024/0427515). Regarding Claim 1, Pletka teaches a memory system, comprising: a memory device (NAND flash memory system 150 of Fig. 1B) including a plurality of blocks, wherein a block includes a plurality of memory cells (Paragraph 0035); and a memory controller coupled to the memory device (flash controller 140 of Fig. 1B) and configured to: determine a storage mode for the block based on a total amount of valid data in all of the plurality of blocks (total data utilization, which is “the [total] amount of valid data stored [in all of the plurality of blocks] relative to the total usable capacity of the NAND flash memory system 150,” Paragraph 0046, is determined at step 604 of Fig. 6, and a result, storage modes for a given block is determined as SLC, at step 618, or QLC, at step 614 of Fig. 6), different storage modes based on a number of data bits stored in each memory cell in the block (Paragraph 0034, each mode such as SLC, QLC, etc is based on a number of bits stored in each cell) wherein the different storage modes comprise a first mode and a second mode; wherein in the first mode, the data bits stored in each memory cell of the block comprise one bit (“SLC pool 402 in which fully programmed blocks store only a single bit per cell,” Paragraph 0049); and in the second mode, the data bits stored in each memory cell of the block comprise multiple bits (“a QLC pool 400 in which fully programmed blocks store four bits per cell,” Paragraph 0049); acquire the total amount of valid data in all of the plurality of blocks (total data utilization, which is “the amount of valid data stored relative to the total usable capacity of the NAND flash memory system 150,” Paragraph 0046, is determined at step 604 of Fig. 6); calculate a ratio of the total amount of valid data to a total memory space of the plurality of blocks to obtain a proportion of valid data (total data utilization, which is “the amount of valid data stored relative to the total usable capacity of the NAND flash memory system 150,” Paragraph 0046, is determined at step 604 of Fig. 6); and determine, based on the proportion of valid data, the storage mode for a new block to be opened (a determination is made based on the proportion of valid data whether a new QLC block is to be opened at steps 606 and 614, or whether a new SLC block is to be opened at step 618 of Fig. 6) configure a new block to perform the data writing with the first mode when the number of blocks adopting the first mode determined based on the proportion of valid data is greater than a current number of blocks actually adopting the first mode (step 618 of Fig. 6 a “ready-to-use”/new block is configured in SLC/first mode, Paragraphs 0066-0069); and configure the new block to perform the data writing with the second mode when the number of blocks adopting the first mode determined based on the proportion of valid data is less than or equal to a current number of blocks actually adopting the first mode (a new QLC block is to be opened at steps 606 and 614 of Fig. 6, Paragraphs 0066-0069, and particularly “SLC stem blocks 500 can conveniently be drawn from those identified in queue 3 of RTU [new] queues 306a”). Regarding Claim 3, the cited prior art teaches the memory system of Claim 1, wherein the memory controller is configured to: configure dynamically a number of blocks adopting the first mode when the proportion of valid data is greater than or equal to a first threshold (on Fig. 7, between first resizing thresholds 708 and second resizing threshold 710, the SLC blocks 700 are dynamically configured); and stop configuring dynamically the number of blocks adopting the first mode when the proportion of valid data is greater than or equal to a second threshold (after resizing threshold 710, the SLC are stopped from being dynamically configured); wherein the first threshold is less than the second threshold (shown on Fig. 7). Regarding Claim 4, the cited prior art teaches the memory system of Claim 3, wherein the memory controller is configured to: configure the number of blocks adopting the first mode to be a first number when the proportion of valid data is a first proportion (between 0 and first threshold 708 of Fig. 7, 100% of the blocks are SLC as shown according to curve 700, Paragraph 0068); configure the number of blocks adopting the first mode to be a second number when the proportion of valid data is a second proportion (between first threshold 708 and second threshold 710 of Fig. 7, the blocks configured as SLC are configured as shown according to curve 700, Paragraph 0068); and configure the number of blocks adopting the first mode to be a third number when the proportion of valid data is a third proportion (beyond second threshold 710 of Fig. 7, the blocks configured as SLC are 0% as shown according to curve 700, Paragraph 0068); wherein the first proportion is less than the second proportion, and the second proportion is less than the third proportion (shown on Fig. 7); the first number is greater than the second number, and the second number is greater than the third number (shown on Fig. 7). Regarding Claim 5, the cited prior art teaches the memory system of Claim 4, wherein the proportion of valid data is linearly correlated with the number of blocks adopting the first mode, both between the first proportion (between 0 and first threshold 708 of Fig. 7, 100% of the blocks are SLC as shown according to curve 700, which is linear, Paragraph 0068) and the second proportion and between the second proportion and the third proportion (between first threshold 708 and second threshold 710 of Fig. 7, there is shown at least two linear proportions, Paragraph 0068); and a ratio of a difference between the second number and the first number to a difference between the second proportion and the first proportion is different from a ratio of a difference between the third number and the second number to a difference between the third proportion and the second proportion (shown on Fig. 7). Regarding Claim 6, the cited prior art teaches the memory system of Claim 3, wherein the memory controller is configured to: query a target mapping table using the proportion of valid data to determine the number of blocks adopting the first mode (the table represented by curve 700 of Fig. 7, Paragraph 0068, which correlates the proportion of valid data with the number of blocks adopting the first mode); the target mapping table includes a correspondence relationship between values of different proportions of valid data and corresponding numbers of blocks adopting the first mode (shown on Fig. 7). Regarding Claim 7, the cited prior art teaches the memory system of Claim 6, wherein the memory controller is further configured to: select the target mapping table from among a plurality of mapping tables before querying the target mapping table (Fig. 7 shows curves 700, 702, 704 and 706 all represent different mapping tables); the correspondence relationship between the values of different proportions of valid data and the corresponding numbers of blocks adopting the first mode, contained in each of the plurality of mapping tables, is different from one another (shown on Fig. 7). Regarding Claim 9, the cited prior art teaches the memory system of Claim 1, wherein a block comprises a plurality of pages; the memory controller is further configured to: acquire a count of pages occupied by valid data in all of the plurality of blocks to obtain the total amount of valid data (total data utilization, which is “the amount of valid data stored relative to the total usable capacity of the NAND flash memory system 150,” Paragraph 0046, is determined, also see pages described on Paragraph 0002). Regarding Claim 10, the cited prior art teaches the memory system of Claim 1, wherein the valid data includes data that has not been erased, indicated to be erased, updated or rewritten by a host system (see description of valid data on Paragraphs 0042-0043). Claim 11 is the method corresponding to the memory system of claim 1, and is rejected under similar rationale. Claim 13 is the method corresponding to the memory system of claim 3, and is rejected under similar rationale. Claim 14 is the method corresponding to the memory system of claim 4, and is rejected under similar rationale. Claim 15 is the method corresponding to the memory system of claim 5, and is rejected under similar rationale. Claim 16 is the method corresponding to the memory system of claim 6, and is rejected under similar rationale. Claim 17 is the method corresponding to the memory system of claim 7, and is rejected under similar rationale. Claim 19 is the method corresponding to the memory system of claim 9, and is rejected under similar rationale. Claim 20 is the non-transitory storage medium corresponding to the memory system of claim 1, and is rejected under similar rationale. ARGUMENTS CONCERNING PRIOR ART REJECTIONS Rejections - USC 102/103 On pages 9-10 of the submitted remarks, applicant argues the cited prior art fails to teach to “configure a new block to perform the data writing with the first mode when the number of blocks adopting the first mode determined based on the proportion of valid data is greater than a current number of blocks actually adopting the first mode” as recited in the independent claims because “Converting QLC to SLC when the number of SLC blocks is less the predetermined maximum number of SLC blocks is not configuring a new block to perform the data writing in SLC mode when the number of blocks adopting SLC based on the proportion of valid data is greater than a current number of blocks actually adopting SLC.” This argument has been considered but is not persuasive. At step 610 of Fig. 6, Pletka teaches to determine, based on the proportion of valid data, the storage mode for a new block to be opened, giving a “new block” the plain meaning of the art as an “erased block ready for data to be written.” If the number of blocks adopting the first mode determined based on the proportion of valid data is greater than a current number of blocks actually adopting the first mode, step 618 of Fig. 6 will be performed, where a “ready-to-use”/new block is configured in SLC/first mode, Paragraphs 0066-0069. If the number of blocks adopting the first mode determined based on the proportion of valid data is less than or equal to a current number of blocks actually adopting the first mode, a new QLC block is to be opened at steps 606 and 614 of Fig. 6, Paragraphs 0066-0069, and particularly “SLC stem blocks 500 can conveniently be drawn from those identified in queue 3 of RTU [new] queues 306a” to be used as the new QLC block. Therefore, the cited prior art teaches to “configure a new block to perform the data writing with the first mode when the number of blocks adopting the first mode determined based on the proportion of valid data is greater than a current number of blocks actually adopting the first mode” as recited in the independent claims. RELEVANT ART CITED BY THE EXAMINER 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). The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. These references include: Kurita et al (US 2022/0043604) teaches a MEMORY SYSTEM AND WRITE CONTROL METHOD. STATUS OF CLAIMS IN THE APPLICATION The following is a summary of the treatment and status of all claims in the application as recommended by M.P.E.P. ' 707.07(i): CLAIMS REJECTED IN THE APPLICATION Per the instant office action, claims 1, 3-7, 9-11, 13-17, 19, and 20 have been rejected. DIRECTION OF FUTURE CORRESPONDENCE Any inquiry concerning this communication or earlier communications from the examiner should be directed to Mark Giardino whose telephone number is (571) 270-3565 and can normally be reached on M-F 9:00-5:00- 5:30pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mr. Jared Rutz can be reached on (571) 272 - 5535. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300. /MARK A GIARDINO JR/Primary Examiner, Art Unit 2135
Read full office action

Prosecution Timeline

Apr 18, 2024
Application Filed
May 13, 2025
Non-Final Rejection — §102, §112
Aug 11, 2025
Response Filed
Aug 28, 2025
Final Rejection — §102, §112
Nov 10, 2025
Response after Non-Final Action
Dec 02, 2025
Request for Continued Examination
Dec 09, 2025
Response after Non-Final Action
Mar 27, 2026
Non-Final Rejection — §102, §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12602188
DISK DEVICE AND RECORDING METHOD
2y 5m to grant Granted Apr 14, 2026
Patent 12566713
Efficient Address Translation Cache Lookup Operations
2y 5m to grant Granted Mar 03, 2026
Patent 12566572
METHOD FOR OPTIMIZING INTERFACE TRAINING ON A STORAGE DEVICE
2y 5m to grant Granted Mar 03, 2026
Patent 12566568
MIGRATING ERASURE-CODED DATA FRAGMENTS WITHIN A GROWING DISTRIBUTED DATA STORAGE SYSTEM WITH AT LEAST DATA PLUS PARITY NODES
2y 5m to grant Granted Mar 03, 2026
Patent 12561125
Software Application Deployment Across Clusters
2y 5m to grant Granted Feb 24, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

AI Strategy Recommendation

Get an AI-powered prosecution strategy using examiner precedents, rejection analysis, and claim mapping.
Powered by AI — typically takes 5-10 seconds

Prosecution Projections

3-4
Expected OA Rounds
85%
Grant Probability
87%
With Interview (+2.3%)
2y 7m
Median Time to Grant
High
PTA Risk
Based on 669 resolved cases by this examiner. Grant probability derived from career allow 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