Prosecution Insights
Last updated: April 19, 2026
Application No. 18/828,897

DYNAMIC RESILIENCY GROUP FORMATION IN A STORAGE SYSTEM

Non-Final OA §102§112
Filed
Sep 09, 2024
Examiner
WOO, ISAAC M
Art Unit
2163
Tech Center
2100 — Computer Architecture & Software
Assignee
Pure Storage Inc.
OA Round
3 (Non-Final)
91%
Grant Probability
Favorable
3-4
OA Rounds
2y 6m
To Grant
98%
With Interview

Examiner Intelligence

Grants 91% — above average
91%
Career Allow Rate
1162 granted / 1271 resolved
+36.4% vs TC avg
Moderate +6% lift
Without
With
+6.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
26 currently pending
Career history
1297
Total Applications
across all art units

Statute-Specific Performance

§101
10.3%
-29.7% vs TC avg
§103
3.8%
-36.2% vs TC avg
§102
71.4%
+31.4% vs TC avg
§112
5.8%
-34.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1271 resolved cases

Office Action

§102 §112
8962 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 . 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 November 12, 2025 has been entered. DETAILED ACTION Claims 1-20 are pending. This action is response to the communication filed on November 12, 2025. CROSS-REFERENCE TO RELATED APPLICATIONS This application is a non-provisional utility application for patent entitled to a filing date and claiming the benefit of earlier-filed U.S. Provisional Patent Application Serial No. 63/582,798, filed September 14, 2023, which is hereby incorporated herein by reference in its entirety. 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. Lack of Antecedent Basis Claims 1, 8, and 15 recite, “…. form one or more resiliency groups using the first set of solid state storage device ….”. A claim is indefinite when it contains words or phrases whose meaning is unclear. The lack of clarity could arise where a claim refers to " the first set of solid state storage devices" where the claim contains no earlier recitation or limitation and where it would be unclear as to what element the limitation was making reference. 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 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, 3-8,10-15 and 17-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shang et al (US 20210109664 A1). With respect to claims 1, 8 and 15, Shang et al teaches a plurality of solid state storage devices (FIG.1, [0036] The storage drive array 114 can include one or more resiliency groups, such as a resiliency group 120 and a resiliency group 122. Each of the resiliency groups 120, 122 can include a plurality of physical storage drives such as solid state drives (SSDs)); and a storage controller comprising a processing device, operatively coupled to the plurality of solid state storage devices (FIG. 1, [0036] The storage drive array 114 can include one or more resiliency groups, such as a resiliency group 120 and a resiliency group 122. Each of the resiliency groups 120, 122 can include a plurality of physical storage drives such as solid state drives (SSDs), configured to: select a first set of storage devices of the plurality of solid state storage devices that are to be used to form resiliency groups in the storage system ([0024] FIG. 3b, first resiliency group of FIG. 3a, as well as an exemplary second resiliency group in FIG. 1, in which a plurality of storage drives have been reallocated from the first resiliency group to the second resiliency group); form one or more resiliency groups using the first set of solid state storage devices; select a second set of storage devices of the plurality of solid state storage devices to be used to form subsequent resiliency groups, wherein the second set of storage devices is different than the first set of storage devices ([0043] FIG. 3b, By forming the second resiliency group 208 with just the number of new physical storage drives (e.g., the single new physical storage drive “n”) required to satisfy the data storage needs of the data storage customer, reallocating one or more physical storage drives from the first resiliency group 206 to the second resiliency group 208, [0038] the respective slices 0, 1, . . . , s−1, 1, 2, . . . , s, . . . , r−1, r−2, . . . , r−s in the slice pool 126 can have the same data storage capacity or different data storage capacities); and form one or more subsequent resiliency groups using the second set of storage devices ([0036] The storage drive array 114 can include one or more resiliency groups, such as a resiliency group 120 and a resiliency group 122. Each of the resiliency groups 120, 122 can include a plurality of physical storage drives such as solid state drives (SSDs). the resiliency group 120 can include a plurality of physical storage drives 0, 1, …., p. Likewise, the resiliency group 122 can include a plurality of physical storage drives 0, 1, …., q. the number of physical storage drives included in each respective resiliency group 120, 122 suitable number of physical storage drives). With respect to claims 3, 10 and 17, Shang et al teaches managed flash storage devices ([0035] computer-readable storage media, such as a magnetic disk, a magnetic tape, a compact disk (CD), a digital versatile disk (DVD), an optical disk, a flash drive, a solid state drive (SSD)). With respect to claims 4, 11 and 18, Shang et al teaches second set of storage devices has higher corresponding storage capacities than the first set of storage devices ([0041] FIG. 2b storage capacity in the data storage system 104 (see FIG. 1), [0040] FIG. 2a, for expanding storage capacity in a data storage system. As shown in FIG. 2a, such a data storage system can have a storage drive array that includes a first resiliency group 202 with a plurality of physical storage drives 0, 1, …., n−2, n−1). With respect to claims 5, 12and 19, Shang et al teaches plurality of storage devices is detachably coupled to a plurality of storage nodes of the storage system ([0040] FIG. 2a for expanding storage capacity in a data storage system). With respect to claims 6, 13 and 20, Shang et al teaches first set of storage devices are positioned within a first chassis of the storage system and the second set of storage devices are positioned within a second chassis of the storage system ([0040] FIG. 2a, for expanding storage capacity in a data storage system. As shown in FIG. 2a, such a data storage system can have a storage drive array that includes a first resiliency group 202 with a plurality of physical storage drives 0, 1, n−2, n−1). With respect to claims 7 and 14, Shang et al teaches receive an indication that the first set of storage devices are to be removed from the storage system, wherein the second set of storage devices is selected in response to receiving the indication ([0040] FIG. 2a for expanding storage capacity in a data storage system. As shown in FIG. 2a, such a data storage system can have a storage drive array that includes a first resiliency group 202 with a plurality of physical storage drives 0, 1, n−2, n−1). Allowable Subject Matter Claims 2, 9 and 16 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ISAAC M WOO whose telephone number is (571)272-4043. The examiner can normally be reached 9:00 to 5:00. 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, Tony Mahmoudi can be reached on 571-272-4078. 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. /ISAAC M WOO/Primary Examiner, Art Unit 2163
Read full office action

Prosecution Timeline

Sep 09, 2024
Application Filed
Jun 25, 2025
Non-Final Rejection — §102, §112
Jul 30, 2025
Response Filed
Aug 11, 2025
Final Rejection — §102, §112
Nov 12, 2025
Request for Continued Examination
Nov 19, 2025
Response after Non-Final Action
Jan 14, 2026
Non-Final Rejection — §102, §112 (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
91%
Grant Probability
98%
With Interview (+6.2%)
2y 6m
Median Time to Grant
High
PTA Risk
Based on 1271 resolved cases by this examiner. Grant probability derived from career allow rate.

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