Prosecution Insights
Last updated: May 29, 2026
Application No. 18/790,029

Data Migration in Memory Systems

Final Rejection §103
Filed
Jul 31, 2024
Priority
May 11, 2024 — continuation of PCTCN2024092571
Examiner
ALSIP, MICHAEL
Art Unit
2139
Tech Center
2100 — Computer Architecture & Software
Assignee
Yangtze Memory Technologies Co. Ltd.
OA Round
4 (Final)
75%
Grant Probability
Favorable
5-6
OA Rounds
1y 1m
Est. Remaining
80%
With Interview

Examiner Intelligence

Grants 75% — above average
75%
Career Allowance Rate
489 granted / 653 resolved
+19.9% vs TC avg
Moderate +5% lift
Without
With
+5.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
20 currently pending
Career history
677
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
58.3%
+18.3% vs TC avg
§102
30.4%
-9.6% vs TC avg
§112
8.8%
-31.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 653 resolved cases

Office Action

§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 . 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. Claim(s) 1-3, 8-14, 17-19 and 22-28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sabol et al. (US 2018/0285257) and further in view of “how to use Rsync Command in Linux: 16 practical examples” henceforth referred to as Tarunika and KSR. Consider claim 1, Sabol et al. a system, comprising: a host configured to send a single command comprising a first logical address, a second logical address; and a memory system coupled to the host, wherein the memory system comprises a non- volatile memory device and a memory controller coupled to the non-volatile memory device, and wherein the first logical address and the second logical address are logical block addresses (LBAs) associated with the non-volatile memory device, wherein the memory system is configured to: receive the single command; in response to the single command, establish a correspondence of data to the second logical address based on a correspondence of the data to the first logical address (Fig. 1-6, [0027]-[0054], [0091]-[0098], Sobal et al. discloses a system where a host sends a command, such as a write command. This write command includes at least a source and destination address which are both associated with a non-volatile memory. The system updates a correspondence to indicate the movement of data. Data can be moved in bulk.). Sabol et al. discloses deallocating memory based on a command, but after further consideration of the amended claim language and to further elaborate on this concept, the following limitations: “the single command comprising a flag bit, the flag bit indicates whether to deallocate the first logical address and determine whether to deallocate the first logical address based on the flag bit of the single command without receiving a separate deallocation command from the host for the first logical address, and wherein the memory system is configured to: in response to the flag bit comprising a first value, deallocate the first logical address by at least one of cancelling the correspondence of the data to the first logical address or marking a mapping relationship between the first logical address and a first physical storage space of the memory system corresponding to the first logical address as invalid;” are further being rejected with the addition of the Tarunika reference. Tarunika discloses the use of Rsync which is a command used to transfer data and this command can also include flags such as “-remove-source-files”. Therefore the absence of this flag does not deallocate the data at the source and having this flag does deallocate, this deallocation is considered to be equivalent to cancelling the correspondence of the data to the first logical address (source data is deleted). Sobal et al. discloses updating a correspondence to indicate the movement of data between memories. (Tarunika first page and item 14 in the table of contents.). It would have been obvious to a person of ordinary skill in the art at the time the invention was made to modify the write command of Sabol et al. to be a Rsync command of Tarunika, because this type of command provides efficient file transfer and allows for multiple types of flags which provides more utility to the command (Tarunika: beginning of reference to the Rsync Command Syntax section.). As for the limitation: “and in response to the flag bit comprising a second value different from the first value, retain the correspondence of the data to the first logical address”, Tarunika teaches the absence of the flag bit indicates to retain the claimed data, not that the flag bit has a different value. However the absence of a flag bit and a different value for a flag bit are functionally equivalent to each other in producing the desired outcome and therefore the examiner is utilizing the KSR rationale of “obvious to try” to reject this minor difference between the claim language and the Tarunika reference. It would have been obvious to a person of ordinary skill in the art at the time the invention was made to modify the combination of references to include the “-remove-source-files” flag in either situation (to remove or not remove) with two different values instead of the flag either being present or not, because these two options are functionally equivalent to each other (a true or false representation in either implementation) and choosing to have the flag remain with a different value is a choice made from a finite number of identified, predictable solutions with a reasonable expectation of success. Consider claim 2, Sabol et al. in view of Tarunika discloses the system of claim 1, wherein the memory system is configured to establish the correspondence of the data to the second logical address based on the correspondence of the data to the first logical address comprises: reading the data from the first physical storage space of the memory system corresponding to the first logical address; writing the data to a second physical storage space of the memory system; and establishing a mapping relationship between the second logical address and the second physical storage space (Fig. 1-6, [0027]-[0054], [0091]-[0098], Sobal et al. discloses a system where a host sends a command, such as a write command. This write command includes at least a source and destination address and update a correspondence to indicate the movement of data.). Consider claim 3, Sabol et al. in view of Tarunika discloses the system of claim 1, wherein the memory system is configured to establish the correspondence of the data to the second logical address based on the correspondence of the data to the first logical address comprises: establishing a mapping relationship between the second logical address and the first physical storage space of the memory system corresponding to the first logical address (Fig. 1-6, [0027]-[0054], [0091]-[0098], Sobal et al. discloses updating a correspondence to indicate the movement of data between memories.). Consider claim 8, Sabol et al. in view of Tarunika discloses the system of claim 1, wherein the command comprises a copy command having the flag bit (Fig. 1-6, [0027]-[0054], [0091]-[0098], Sobal et al. discloses that the command itself being a write command that writes data from a source to destination. Tarunika first page and item 14 in the table of contents. If the flag is set the source data is deleted.). Consider claim 9, Sabol et al. in view of Tarunika discloses the system of claim 1, wherein the memory system is further configured to: in response to a completion of an execution of the command, send a response signal to the host; and upon receiving a read command instructing reading out the data corresponding to the first logical address following the completion of the execution of the command, return an invalid data or other data different from the data (Fig. 1-6, [0027]-[0054], [0062], [0091]-[0098], Sobal et al. discloses the use of acknowledgement signal and further being able to return error/different data due to a read.). Consider claim 10, Sabol et al. in view of Tarunika discloses the system of claim 1, wherein the host comprises an interface comprising a driver and an interconnector, the interconnector coupled to the driver and the memory system, and wherein: the driver is configured to generate the command that complies with protocol standards based on a request from an operating system in the host; and the interconnector is configured to transfer the command to the memory system through a communication bus (Fig. 1-6, [0027]-[0054], [0062], [0091]-[0098], Sobal et al. discloses the use of drivers and protocols as claimed.). Consider claim 11, Sabol et al. discloses a memory system, comprising: a non-volatile memory device; and a memory controller coupled to the non-volatile memory device and configured to: receive a single command comprising a first logical address and a second logical address; wherein the first logical address and the second logical address are logical block addresses (LBAs) associated with the non-volatile memory device; in response to the single command, establish a correspondence of data to the second logical address based on a correspondence of the data to the first logical address; and deallocate the first logical address based on the command (Fig. 1-6, [0027]-[0054], [0091]-[0098], Sobal et al. discloses a system where a host sends a command, such as a write command. This write command includes at least a source and destination address which are both associated with a non-volatile memory. The system updates a correspondence to indicate the movement of data. Data can be moved in bulk.). Sabol et al. discloses deallocating memory based on a command, but after further consideration of the amended claim language and to further elaborate on this concept, the following limitations: “the single command comprising a flag bit, the flag bit indicates whether to deallocate the first logical address and determine whether to deallocate the first logical address based on the flag bit of the single command without receiving a separate deallocation command from the host for the first logical address, and wherein the memory system is configured to: in response to the flag bit comprising a first value, deallocate the first logical address by at least one of cancelling the correspondence of the data to the first logical address or marking a mapping relationship between the first logical address and a first physical storage space of the memory system corresponding to the first logical address as invalid;” are further being rejected with the addition of the Tarunika reference. Tarunika discloses the use of Rsync which is a command used to transfer data and this command can also include flags such as “-remove-source-files”. Therefore the absence of this flag does not deallocate the data at the source and having this flag does deallocate, this deallocation is considered to be equivalent to cancelling the correspondence of the data to the first logical address (source data is deleted). Sobal et al. discloses updating a correspondence to indicate the movement of data between memories. (Tarunika first page and item 14 in the table of contents.). It would have been obvious to a person of ordinary skill in the art at the time the invention was made to modify the write command of Sabol et al. to be a Rsync command of Tarunika, because this type of command provides efficient file transfer and allows for multiple types of flags which provides more utility to the command (Tarunika: beginning of reference to the Rsync Command Syntax section.). As for the limitation: “and in response to the flag bit comprising a second value different from the first value, retain the correspondence of the data to the first logical address”, Tarunika teaches the absence of the flag bit indicates to retain the claimed data, not that the flag bit has a different value. However the absence of a flag bit and a different value for a flag bit are functionally equivalent to each other in producing the desired outcome and therefore the examiner is utilizing the KSR rationale of “obvious to try” to reject this minor difference between the claim language and the Tarunika reference. It would have been obvious to a person of ordinary skill in the art at the time the invention was made to modify the combination of references to include the “-remove-source-files” flag in either situation (to remove or not remove) with two different values instead of the flag either being present or not, because these two options are functionally equivalent to each other (a true or false representation in either implementation) and choosing to have the flag remain with a different value is a choice made from a finite number of identified, predictable solutions with a reasonable expectation of success. Consider claim 12, Sabol et al. in view of Tarunika discloses the memory system of claim 11, wherein the memory controller comprises: a first interface coupled to a host and configured to: receive the single command, and decode the single command; and a processor coupled to the first interface and configured to establish the correspondence of the data to the second logical address based on the correspondence of the data to the first logical address and deallocate the first logical address based on the single command (Fig. 1-6, [0027]-[0054], [0091]-[0098], Sobal et al. discloses a system where a host sends a command, such as a write command, and in response that data can be written to a buffer, the written to storage, have the buffer freed and update a correspondence to indicate the movement of data. Tarunika first page and item 14 in the table of contents. If the flag is set the source data is deleted.). Consider claim 13, Sabol et al. in view of Tarunika discloses the memory system of claim 12, wherein the memory system is configured to establish the correspondence of the data to the second logical address based on the correspondence of the data to the first logical address by: sending, to the non-volatile memory device, a read command to read the data from the first physical storage space of the non-volatile memory device; sending, to the non-volatile memory device, a write command to write the data to a second physical storage space of the non-volatile memory device; and establishing a mapping relationship between the second logical address and the second physical storage space (Fig. 1-6, [0027]-[0054], [0091]-[0098], Sobal et al. discloses a system where a host sends a command, such as a write command. This write command includes at least a source and destination address which are both associated with a non-volatile memory. The system updates a correspondence to indicate the movement of data. Data can be moved in bulk.). Consider claim 14, Sabol et al. in view of Tarunika discloses the memory system of claim 12, wherein the memory system is configured to establish the correspondence of the data to the second logical address based on the correspondence of the data to the first logical address by: establishing a mapping relationship between the second logical address and the first physical storage space of the non-volatile memory device corresponding to the first logical address (Fig. 1-6, [0027]-[0054], [0091]-[0098], Sobal et al. discloses a system where a host sends a command, such as a write command. This write command includes at least a source and destination address which are both associated with a non-volatile memory. The system updates a correspondence to indicate the movement of data. Data can be moved in bulk.). Consider claim 17, Sabol et al. discloses a method of operating a memory system, comprising: receiving, by a memory controller of the memory system, a single command comprising a first logical address and a second logical address; wherein the first logical address and the second logical address are logical block addresses (LBAs) associated with the non-volatile memory device; in response to the single command, establishing a correspondence of data to the second logical address based on a correspondence of the data to the first logical address; and deallocating the first logical address based on the command (Fig. 1-6, [0027]-[0054], [0091]-[0098], Sobal et al. discloses a system where a host sends a command, such as a write command. This write command includes at least a source and destination address which are both associated with a non-volatile memory. The system updates a correspondence to indicate the movement of data. Data can be moved in bulk.). Sabol et al. discloses deallocating memory based on a command, but after further consideration of the amended claim language and to further elaborate on this concept, the following limitations: “the single command comprising a flag bit, the flag bit indicates whether to deallocate the first logical address and determine whether to deallocate the first logical address based on the flag bit of the single command without receiving a separate deallocation command from the host for the first logical address, and wherein the memory system is configured to: in response to the flag bit comprising a first value, deallocate the first logical address by at least one of cancelling the correspondence of the data to the first logical address or marking a mapping relationship between the first logical address and a first physical storage space of the memory system corresponding to the first logical address as invalid;” are further being rejected with the addition of the Tarunika reference. Tarunika discloses the use of Rsync which is a command used to transfer data and this command can also include flags such as “-remove-source-files”. Therefore the absence of this flag does not deallocate the data at the source and having this flag does deallocate, this deallocation is considered to be equivalent to cancelling the correspondence of the data to the first logical address (source data is deleted). Sobal et al. discloses updating a correspondence to indicate the movement of data between memories. (Tarunika first page and item 14 in the table of contents.). It would have been obvious to a person of ordinary skill in the art at the time the invention was made to modify the write command of Sabol et al. to be a Rsync command of Tarunika, because this type of command provides efficient file transfer and allows for multiple types of flags which provides more utility to the command (Tarunika: beginning of reference to the Rsync Command Syntax section.). As for the limitation: “and in response to the flag bit comprising a second value different from the first value, retain the correspondence of the data to the first logical address”, Tarunika teaches the absence of the flag bit indicates to retain the claimed data, not that the flag bit has a different value. However the absence of a flag bit and a different value for a flag bit are functionally equivalent to each other in producing the desired outcome and therefore the examiner is utilizing the KSR rationale of “obvious to try” to reject this minor difference between the claim language and the Tarunika reference. It would have been obvious to a person of ordinary skill in the art at the time the invention was made to modify the combination of references to include the “-remove-source-files” flag in either situation (to remove or not remove) with two different values instead of the flag either being present or not, because these two options are functionally equivalent to each other (a true or false representation in either implementation) and choosing to have the flag remain with a different value is a choice made from a finite number of identified, predictable solutions with a reasonable expectation of success. Consider claim 18, Sabol et al. in view of Tarunika discloses the method of claim 17, wherein establishing the correspondence of the data to the second logical address based on the correspondence of the data to the first logical address comprises: reading the data from the first physical storage space of a non-volatile memory device of the memory system corresponding to the first logical address; writing the data to a second physical storage space of the non-volatile memory device; and establishing a mapping relationship between the second logical address and the second physical storage space (Fig. 1-6, [0027]-[0054], [0091]-[0098], Sobal et al. discloses a system where a host sends a command, such as a write command. This write command includes at least a source and destination address which are both associated with a non-volatile memory. The system updates a correspondence to indicate the movement of data. Data can be moved in bulk.). Consider claim 19, Sabol et al. in view of Tarunika discloses the method of claim 17, wherein establishing the correspondence of the data to the second logical address based on the correspondence of the data to the first logical address comprises: establishing a mapping relationship between the second logical address and the first physical storage space of a non-volatile memory device of the memory system corresponding to the first logical address (Fig. 1-6, [0027]-[0054], [0091]-[0098], Sobal et al. discloses a system where a host sends a command, such as a write command. This write command includes at least a source and destination address which are both associated with a non-volatile memory. The system updates a correspondence to indicate the movement of data. Data can be moved in bulk.). Consider claim 22, Sabol et al. in view of Tarunika discloses the memory system of claim 11, wherein the command comprises a copy command having the flag bit (Fig. 1-6, [0027]-[0054], [0091]-[0098], Sobal et al. discloses that the command itself being a write command that writes data from a source to destination. Tarunika first page and item 14 in the table of contents. If the flag is set the source data is deleted.). Consider claim 23, Sabol et al. in view of Tarunika discloses the memory system of claim 1, wherein the first logical address corresponds to the first physical storage space of the non-volatile memory device, and the second logical address corresponds to one of the first physical storage space and a second physical storage space of the non-volatile memory device (Fig. 1-6, [0027]-[0054], [0091]-[0098], Sobal et al. discloses a system where a host sends a command, such as a write command. This write command includes at least a source and destination address which are both associated with a non-volatile memory storage space.). Consider claim 24, Sabol et al. in view of Tarunika discloses the memory system of claim 1, wherein the memory system is configured to: in response to deallocating the first logical address, mark pages in the first physical storage space of the memory system as invalid, the data corresponding to the first logical address and being stored in the first physical storage space, and discard the data in the first physical storage space, without migrating the data in the first physical storage space to another physical storage space of the memory system during garbage collection (Fig. 1-6, [0027]-[0054], [0091]-[0098], Sobal et al. discloses performing Garbage collection which includes not moving deleted/invalidated data.). Consider claim 25, Sabol et al. in view of Tarunika discloses the memory system of claim 11, wherein the first logical address corresponds to the first physical storage space of the non-volatile memory device, and the second logical address corresponds to one of the first physical storage space and a second physical storage space of the non-volatile memory device (Fig. 1-6, [0027]-[0054], [0091]-[0098], Sobal et al. discloses a system where a host sends a command, such as a write command. This write command includes at least a source and destination address which are both associated with a non-volatile memory storage space.). Consider claim 26, Sabol et al. in view of Tarunika discloses the memory system of claim 11, wherein the memory system is configured to: in response to deallocating the first logical address, mark pages in the first physical storage space of the memory system as invalid, the data corresponding to the first logical address and being stored in the first physical storage space, and discard the data in the first physical storage space, without migrating the data in the first physical storage space to another physical storage space of the memory system during garbage collection (Fig. 1-6, [0027]-[0054], [0091]-[0098], Sobal et al. discloses performing Garbage collection which includes not moving deleted/invalidated data.). Consider claim 27, Sabol et al. in view of Tarunika discloses the memory system of claim 12, wherein the memory system is further configured to: in response to a completion of an execution of the command, send a response signal to the host; and upon receiving a read command instructing reading out the data corresponding to the first logical address following the completion of the execution of the command, return an invalid data or other data different from the data (Fig. 1-6, [0027]-[0054], [0062], [0091]-[0098], Sobal et al. discloses the use of acknowledgement signal and further being able to return error/different data due to a read.). Consider claim 28, Sabol et al. in view of Tarunika discloses the memory system of claim 12, wherein the host comprises an interface comprising a driver and an interconnector, the interconnector coupled to the driver and the memory system, and wherein: the driver is configured to generate the command that complies with protocol standards based on a request from an operating system in the host; and the interconnector is configured to transfer the command to the memory system through a communication bus (Fig. 1-6, [0027]-[0054], [0062], [0091]-[0098], Sobal et al. discloses the use of drivers and protocols as claimed.). Response to Arguments Applicant’s arguments filed 3/30/2026 have been fully considered but they are not persuasive. The applicant arguments pertain to the new claim limitations, which have been addressed in the appropriate claim rejections above. As stated in the rejection, Tarunika deletes the source files thus cancelling the claimed correspondence. Conclusion THIS ACTION IS MADE FINAL. 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 MICHAEL ALSIP whose telephone number is (571)270-1182. The examiner can normally be reached M-F 9-5. 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, Reginald G. 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. 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. /MICHAEL ALSIP/Primary Examiner, Art Unit 2136
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Prosecution Timeline

Show 10 earlier events
Dec 15, 2025
Request for Continued Examination
Dec 31, 2025
Response after Non-Final Action
Jan 13, 2026
Non-Final Rejection mailed — §103
Mar 21, 2026
Interview Requested
Mar 27, 2026
Applicant Interview (Telephonic)
Mar 27, 2026
Examiner Interview Summary
Mar 30, 2026
Response Filed
May 07, 2026
Final Rejection mailed — §103 (current)

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Prosecution Projections

5-6
Expected OA Rounds
75%
Grant Probability
80%
With Interview (+5.4%)
2y 11m (~1y 1m remaining)
Median Time to Grant
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