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 .
In the event a determination of the status of the application as subject to AIA 35 U.S.C. 102, 103, and 112 (or as subject to pre-AIA 35 U.S.C. 102, 103, and 112) is incorrect, any correction of the statutory basis for a rejection will not be considered a new ground of rejection if the prior art relied upon and/or the rationale supporting the rejection, would be the same under either status.
Notice of Claim Interpretation
Claims in this application are not interpreted under 35 U.S.C. 112(f) unless otherwise noted in an office action.
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 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 9 December 2025 has been entered.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
Claims 9 and 15-20 are rejected under 35 U.S.C. 112(a) as failing to comply with the written description requirement. The claims contain subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, at the time the application was filed, had possession of the claimed invention.
Claim 9 includes “move the data corresponding to the first entry to the first portion of the shadow L1 victim cache”. Claim 8, which claim 9 depends on, includes “store data corresponding to the first entry in the second portion of the shadow L1 victim cache”. The specification fails to teach that the same data is stored in both the first portion and the second portion of the shadow L1 victim cache. Figure 7 shows the L1 victim cache, not the shadow L1 victim cache. Figure 8 shows the shadow L1 victim cache 328. Line B does not change positions in figure 8 between the top and bottom. Paragraph 0093 notes that cache line B “is not necessarily in the same relative physical location within the shadow L1 victim cache 328 as the cache line B in the L1 victim cache 316”.
Claim 15 includes “storing data corresponding to the first entry in a first portion of a shadow L1 victim cache of the L2 cache subsystem; and after receiving the second entry at the L2 cache subsystem, moving the data corresponding to the first entry to a second portion of the shadow L1 victim cache”. The specification fails to teach that the same data is stored in both the first portion and the second portion of the shadow L1 victim cache. Figure 7 shows the L1 victim cache, not the shadow L1 victim cache. Figure 8 shows the shadow L1 victim cache 328. Line B does not change positions in figure 8 between the top and bottom. Paragraph 0093 notes that cache line B “is not necessarily in the same relative physical location within the shadow L1 victim cache 328 as the cache line B in the L1 victim cache 316”.
Claims 16-20 are rejected based on their dependance on claim 15.
Allowable Subject Matter
Claims 1-8 and 10-14 are allowed.
Response to Arguments
Applicant's arguments, see remarks, filed 18 September 2025, with respect to the claim rejections have been fully considered but they are not persuasive. The specification as originally filed does not support claims 9 and 15 as explained above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHAN SADLER whose telephone number is (571)270-7699. The examiner can normally be reached Monday - Friday 8am - 5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Reginald Bragdon can be reached at (571)272-4204. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Nathan Sadler/Primary Examiner, Art Unit 2139 9 March 2026
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