Prosecution Insights
Last updated: April 19, 2026
Application No. 18/664,659

USING A READ SCRUB COUNTER ASSOCIATED WITH A TIME TAG TO INITIATE A READ SCRUB OPERATION

Non-Final OA §102
Filed
May 15, 2024
Examiner
RIAD, AMINE
Art Unit
2113
Tech Center
2100 — Computer Architecture & Software
Assignee
Sandisk Technologies Inc.
OA Round
1 (Non-Final)
88%
Grant Probability
Favorable
1-2
OA Rounds
2y 10m
To Grant
94%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allow Rate
691 granted / 789 resolved
+32.6% vs TC avg
Moderate +6% lift
Without
With
+6.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
13 currently pending
Career history
802
Total Applications
across all art units

Statute-Specific Performance

§101
16.2%
-23.8% vs TC avg
§103
14.3%
-25.7% vs TC avg
§102
45.8%
+5.8% vs TC avg
§112
12.8%
-27.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 789 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 . Detailed Action Claims 1-20 have been submitted for examination. Claims 1-20 have been rejected. Claim Interpretation – 35 U.S.C. 112, Sixth Paragraph The following is a quotation of 35 U.S.C. 112(f): (f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph: An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. Use of the word “means” (or “step for”) in a claim with functional language creates a rebuttable presumption that the claim element is to be treated in accordance with 35 U.S.C. § 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that § 112(f) (pre-AIA § 112, sixth paragraph) is invoked is rebutted when the function is recited with sufficient structure, material, or acts within the claim itself to entirely perform the recited function. Absence of the word “means” (or “step for”) in a claim creates a rebuttable presumption that the claim element is not to be treated in accordance with 35 U.S.C. § 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that § 112(f) (pre-AIA § 112, sixth paragraph) is not invoked is rebutted when the claim element recites function but fails to recite sufficiently definite structure, material or acts to perform that function. Claim elements in this application that use the word “means” (or “step for”) are presumed to invoke § 112(f) except as otherwise indicated in an Office action. Similarly, claim elements that do not use the word “means” (or “step for”) are presumed not to invoke § 112(f) except as otherwise indicated in an Office action. Claim 17 recites “control means” “data storage means” “read parameters tracking means” “counting means” “read scrub operation means” which indicates structure for performing the recited function. Therefore, it is presumed that 35 U.S.C. 112, sixth paragraph is not invoked. 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. Claims 1-20 are rejected under 35 U.S.C. 102(a)1 as being anticipated by Huang United States Patent 9,552,171 hereinafter 171. In regard to claims 1 10 17 171 discloses A method, comprising: receiving a read request from a host device; (Figure 20; Item 901) identifying one or more memory blocks of one or more memory dies of a non-volatile storage device associated with the read request; (Figure 20; Item 903) identifying a time tag (Examiner states that time tags are nothing but parameters related to the scrub according to the specification of the present application Each time tag includes information about operating parameters associated with one or more memory blocks including, but not limited to, read threshold values, write threshold values, the physical addresses of memory blocks associated with the time tag, bit error rates (BERs) of the memory blocks associated with the time tag and so on) associated with the identified one or more memory blocks, the time tag being associated with a read scrub counter; ”It is then determined (903) if the read is to an open block and, if so, the cumulative word line counter is updated at 905. The cumulative word line count is checked at 907 to see if the cumulative number of read cycle counts has reached the set threshold (RSTH) for cumulative reads in an open block: if so, the flow jumps to 915; if not, it is determined whether the word line is open or not at 909. If the word line is not open, the flow can skip to 917, but for an open word line, the boundary counter is incremented at 911” incrementing the read scrub counter associated with the time tag; ” The incremented boundary count is checked at 913 to see whether this moving counter value has reached the corresponding read scrub threshold for open blocks. If not, the flow skips ahead to 917. If the threshold for either of 907 or 913 is reached, a request for a read scrub is sent at 915 by placing the block in the pending list of the read scrub queue. For any of the paths to 917, the memory then continues on to serve the next command.” determining whether the read scrub counter associated with the time tag exceeds a threshold value; and initiating a read scrub operation on the one or more memory blocks associated with the time tag based, at least in part, on determining the read scrub counter associated with the time tag exceeds the threshold value.” if the read is for a closed block, at 914 the closed block read counter is updated and checked against the corresponding threshold at 921. Different devices can have differing thresholds, including the de-rating factor, and a block's threshold can also depend on the number of program/erase cycles in manner described above. If below the threshold, the flow jumps to 925, while if the incremented count has reached the threshold at 913 the block is placed on the read scrub queue before going to 925 and continuing to serve the next command.” 171 discloses 2. The method of claim 1, wherein the one or more memory blocks are multi-level cell (MLC) memory blocks. (Figure 8) 171 discloses 3. The method of claim 1, wherein the read scrub counter associated with the time tag is incremented in response to retrieval of a read parameter associated with the time tag. “In response to incrementing one of the first read counts, a comparison is performed of the incremented first read count to one of a plurality of first read count thresholds, wherein the first read count threshold used for the comparison is dependent upon the experience count of the corresponding block. In response to the incremented first read count reaching the used first read count threshold, the corresponding block is marked for a data relocation operation.” 171 discloses 4. The method of claim 1, wherein initiating the read scrub operation comprises: selecting at least one word line associated with the one or more memory blocks; determining a bit error rate (BER) associated with the at least one word line; and determining whether the BER associated with the at least one word line exceeds a BER threshold.” the failure bit rates between open versus closed blocks or between boundary and non-boundary word lines in an open block can differ by a factor of 10 or more.” 171 discloses In regard to claims 5 13 5. The method of claim 4, wherein the threshold value is a random number. “Another set of techniques used read count threshold values that vary with the number of program/erase cycles that a block has undergone” 171 discloses In regard to claims 6 14 6. The method of claim 5, further comprising: generating a new random number for the threshold value based, at least in part, on determining the BER associated with the at least one-word line is below the BER threshold; and resetting the read scrub counter associated with the time tag. “FIG. 17 illustrates a three-stage read disturb threshold arrangement, where for each of the ranges a different threshold level is used. Table 1 shows an example of a read disturb (RD) threshold vs. program/erase (P/E) lookup table. This arrangement can also incorporate an adaptive trim mechanism to better use the memory's read endurance, where, at run time, each block can have its own different read disturb threshold depending on the particular trim” 171 discloses In regard to claims 7 15 7. The method of claim 5, further comprising: adding the one or more memory blocks to a read scrub confirmation queue; and determining whether to relocate data stored in the one or more memory blocks. “The two counts have different thresholds, where these the values can be fixed or variable, such described below for the case where the thresholds vary based on a block's number of program/erase cycles. If a block is flagged for read scrub copy, the block relocation will be scheduled. After the block relocation, the risky block will be erased and the block erase will reset the counter values.” 171 discloses In regard to claims 8 16 8. The method of claim 7, further comprising: generating a new random number for the threshold value; and resetting the read scrub counter associated with the time tag. “ Table 1 shows an example of a read disturb (RD) threshold vs. program/erase (P/E) lookup table. This arrangement can also incorporate an adaptive trim mechanism to better use the memory's read endurance, where, at run time, each block can have its own different read disturb threshold depending on the particular trim” 171 discloses 9. The method of claim 1, wherein the threshold value is based, at least in part, on a number of available time tags available for the non-volatile storage device. “set of techniques used read count threshold values that vary with the number of program/erase cycles that a block has undergone” 171 discloses 11. The non-volatile data storage device of claim 10, wherein the controller is further operable to increment the read scrub counter in response to retrieving a read parameter associated with the time tag. ” The incremented boundary count is checked at 913 to see whether this moving counter value has reached the corresponding read scrub threshold for open blocks. If not, the flow skips ahead to 917. If the threshold for either of 907 or 913 is reached, a request for a read scrub is sent at 915 by placing the block in the pending list of the read scrub queue. For any of the paths to 917, the memory then continues on to serve the next command.” 171 discloses 12. The non-volatile data storage device of claim 10, wherein initiating the read scrub operation comprises: selecting at least one word line associated with the memory block; determining a bit error rate (BER) associated with the at least one word line; and determining whether the BER associated with the at least one word line exceeds a BER threshold. ” the failure bit rates between open versus closed blocks or between boundary and non-boundary word lines in an open block can differ by a factor of 10 or more.” 171 discloses 18. The non-volatile data storage device of claim 17, wherein the read scrub operation means initiates the read scrub operation on the memory block based, at least in part, on a determination that a value tracked by the counting means exceeds a threshold. ” The incremented boundary count is checked at 913 to see whether this moving counter value has reached the corresponding read scrub threshold for open blocks. If not, the flow skips ahead to 917. If the threshold for either of 907 or 913 is reached, a request for a read scrub is sent at 915 by placing the block in the pending list of the read scrub queue. For any of the paths to 917, the memory then continues on to serve the next command.” 171 discloses 19. The non-volatile data storage device of claim 17, wherein the control means increments the counting means in response to retrieving a read parameter from the read parameter tracking means. “ In response to incrementing one of the first read counts, a comparison is performed of the incremented first read count to one of a plurality of first read count thresholds” 171 discloses 20. The non-volatile data storage device of claim 17, wherein a number of read parameter tracking means and associated counting means varies based, at least in part, on an operating state of the non-volatile data storage device.” In response to incrementing one of the first read counts, a comparison is performed of the incremented first read count to one of a plurality of first read count thresholds, wherein the first read count threshold used for the comparison is dependent upon the experience count of the corresponding block. In response to the incremented first read count reaching the used first read count threshold, the corresponding block is marked for a data relocation operation.” Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure See PTO 892. Contact Any inquiry concerning this communication or earlier communications from the examiner should be directed to AMINE RIAD whose telephone number is (571)272-8185. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Bonzo Bryce can be reached 571-272-3655. 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 http://pair-direct.uspto.gov. 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. /A.R./ /Amine Riad/ Primary Examiner
Read full office action

Prosecution Timeline

May 15, 2024
Application Filed
Dec 13, 2025
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
88%
Grant Probability
94%
With Interview (+6.5%)
2y 10m
Median Time to Grant
Low
PTA Risk
Based on 789 resolved cases by this examiner. Grant probability derived from career allow rate.

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