Prosecution Insights
Last updated: July 17, 2026
Application No. 18/822,031

HARD DRIVE MANAGEMENT METHOD AND APPARATUS, DEVICE, AND MACHINE-READABLE STORAGE MEDIUM

Non-Final OA §103
Filed
Aug 30, 2024
Priority
Sep 26, 2023 — CN 202311261784.9
Examiner
PAPERNO, NICHOLAS A
Art Unit
2132
Tech Center
2100 — Computer Architecture & Software
Assignee
New H3C Information Technologies Co. Ltd.
OA Round
3 (Non-Final)
71%
Grant Probability
Favorable
3-4
OA Rounds
6m
Est. Remaining
68%
With Interview

Examiner Intelligence

Grants 71% — above average
71%
Career Allowance Rate
203 granted / 285 resolved
+16.2% vs TC avg
Minimal -3% lift
Without
With
+-3.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
12 currently pending
Career history
300
Total Applications
across all art units

Statute-Specific Performance

§101
1.4%
-38.6% vs TC avg
§103
91.2%
+51.2% vs TC avg
§102
2.0%
-38.0% vs TC avg
§112
1.6%
-38.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 285 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 . 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 6/11/2026 has been entered. Response to Amendment The amendments filed 6/11/2026 have been accepted. Claims 1, 2, 5, 6, 9, and 10 are still pending. Claims 1, 5, and 9 are amended. Claims 3, 4, 7, 8, 11, and 12 have been canceled. Applicant’s amendments to the abstract and claims have overcome each and every objection, 112, and 102 rejection previously set forth in the Final Office Action mailed 3/11/2026. 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. Claims 1, 2, 5, 6, 9, and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Yang et al., SPDK: A development kit to build high performance storage applications, IEEE 9th International Conference on Cloud Computing Technology and Science, 2017 (hereafter referred to as Yang) in view of Montazeri et al. (US PGPub 2021/0311620, hereafter referred to as Montazeri). Regarding claim 1, Yang teaches a management method for managing a non-volatile memory express (NVMe) hard drive, applied to a non-volatile memory express, NVMe, device, and comprising: driving an NVMe hard drive by invoking a user-mode NVMe driver (Section 1. Introduction, states that the SPDK can use drivers that are implemented in user-space (user-mode)), wherein the user-mode NVMe driver is configured with a remote procedure call RPC command interface, and the RPC command interface is used to receive RPC commands, so as to perform real-time monitoring and management on the NVMe hard drive based on the received RPC commands (Section 2.3. Storage services, states the configuration interface can use JSON RPC meaning the interface is an RPC interface and the commands used are RPC commands that are used to execute management and storage functions. Fig. 2 and Section 2, shows the components of the system which (as also seen in Fig. 2 of the instant application) make up what is referred to as the management module of which the drivers communicate with. One of ordinary skill would recognize that the storage services are implemented to control the device in real-time as that is their entire purpose), registering a polling thread to periodically issue and execute associated RPC commands through the RPC command interface (Sections 2.1 and 2.2, describe the pollers and user space polling drivers which execute repeatedly on every iteration of the main loop until unregistered), acquiring event information of the NVMe hard drive, and executing corresponding processes based on a type of event information (Section 2.1. App scheduling, describe event framework used to execute threads which uses events and reactors to acquire the necessary information and execute the appropriate process depending on the event that takes place), and in response to an operation signaling, issuing and executing the associated RPC commands through the RPC command interface to perform at least one of: configuring the NVMe hard drive based on the RPC commands; or making the NVMe hard drive respond to the RPC commands (Section 2.3. Storage services, as stated previously, several of the commands that can be issued are read, write, unmap, etc. that will require the drive to respond to the command issued. While not explicitly mentioned that this is in response to a signal, one of ordinary skill in the art would recognize that a signal is sent that the device is responding to), wherein in response to the operation signaling, issuing and executing the associated RPC commands through the RPC command interface to perform at least one of: configuring the NVMe hard drive based on the RPC commands; or making the NVMe hard drive respond to the RPC commands, comprises: in response to the operation signaling, issuing and executing an NVMe hard drive firmware upgrade command, an NVMe hard drive information collection command, or an NVMe hard drive data processing command through the RPC command interface, such that the NVMe hard drive performs firmware upgrade, information feedback, or data processing based on the RPC commands (Section 2.3. Storage services, as stated in the rejection to claim 1, the commands can be data processing commands (read, write, etc.) meaning that the drive would respond to those commands as that is the purpose of issuing them). Yang does not explicitly teach the RPC commands comprise customizable personalized RPC commands. Montazeri teaches wherein the RPC commands comprise customizable personalized RPC commands (Paragraph [0078], states the protocol used for communications can be JSON over RPC meaning the commands would be RPC commands. Paragraph [0022], states that some of the commands can be user defined (customizable personalized commands). Since both Yang and Montazeri teach the use of RPC commands it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the commands of Yang with those of Montazeri to obtain the predictable result of wherein the RPC commands comprise customizable personalized RPC commands (as all this does is describe characteristics of the commands and does not affect the rest of the operations claimed). Regarding claim 2, Yang teaches all the limitations to claim 1. Yang further teaches wherein registering the polling thread to periodically issue and execute the associated RPC commands through the RPC command interface, acquiring the event information of the NVMe hard drive, and executing the corresponding processes based on the type of event information, comprises: executing asynchronous event reception reporting and/or alerting based on the type of event information (Section 2.2 and 3.1, state that the polling and IO operations are done using asynchronous commands/polling). The combination of and reason for combining are the same as those given in claim 1. Regarding claims 5 and 6, claims 5 and 6 are the device claims associated with claims 1 and 2. Since Yang teaches all the limitations to claims 1 and 2, it also teaches all the limitations to claims 5 and 6; therefore the rejections to claims 1 and 2 also apply to claims 5 and 6. Regarding claims 9 and 10, claims 9 and 10 are the computer readable medium claims associated with claims 1 and 2. Since Yang teaches all the limitations to claims 1 and 2, it also teaches all the limitations to claims 9 and 10; therefore the rejections to claims 1 and 2 also apply to claims 9 and 10. Response to Arguments Applicant's arguments filed 6/11/2026 have been fully considered but they are not persuasive. The applicant argues that the references, particularly Yang, does not teach the amended limitations to the independent claims. The examiner respectfully disagrees. As stated in the rejection to claim 1, the drivers and applications of Yang would have to be implemented in real-time to function as they are meant to manage the storage system as it operates. The applicant’s arguments also only state what Yang teaches and then makes a statement that it does not teach the amended limitations without offering any explanation as to why the teachings of Yang would not apply to the amended limitations. Therefore the rejections still hold. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICHOLAS A PAPERNO whose telephone number is (571)272-8337. The examiner can normally be reached Mon-Fri 9:30-5 EST. 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, Hosain Alam can be reached at 571-272-3978. 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. /NICHOLAS A. PAPERNO/Examiner, Art Unit 2132
Read full office action

Prosecution Timeline

Aug 30, 2024
Application Filed
Oct 21, 2025
Non-Final Rejection mailed — §103
Jan 21, 2026
Response Filed
Mar 11, 2026
Final Rejection mailed — §103
May 06, 2026
Response after Non-Final Action
Jun 11, 2026
Request for Continued Examination
Jun 17, 2026
Response after Non-Final Action
Jun 26, 2026
Non-Final Rejection mailed — §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
71%
Grant Probability
68%
With Interview (-3.4%)
2y 5m (~6m remaining)
Median Time to Grant
High
PTA Risk
Based on 285 resolved cases by this examiner. Grant probability derived from career allowance rate.

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