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has been withdrawn pursuant to 37 CFR 1.114.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
04/27/2026 has been entered.
Response to Amendment
The office action is responding to the arguments filed on 01/08/2026. Claims 1, 3-13, 15-17 and 19-20 are pending. Claims 2, 14 and 18 are cancelled.
Claim Interpretation
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.
The claims 1, 3-13, 15-17 in this application are given their broadest reasonable
interpretation using the plain meaning of the claim language in light of the specification
as it would be understood by one of ordinary skill in the art. The broadest reasonable
interpretation of a claim element (also commonly referred to as a claim limitation) is
limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35
U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the
following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35
U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute
for “means” that is a generic placeholder (also called a nonce term or a nonstructural
term having no specific structural meaning) for performing the claimed
function;
(B) the term “means” or “step” or the generic placeholder is modified by functional
language, typically, but not always linked by the transition word “for” (e.g.,
“means for”) or another linking word or phrase, such as “configured to” or “so
that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient
structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a
rebuttable presumption that the claim limitation is to be treated in accordance with 35
U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim
limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth
paragraph, is rebutted when the claim limitation recites sufficient structure, material, or
acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable
presumption that the claim limitation is not to be treated in accordance with 35 U.S.C.
112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim
limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth
paragraph, is rebutted when the claim limitation recites function without reciting
sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are
being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph,
except as otherwise indicated in an Office action. Conversely, claim limitations in this
application that do not use the word “means” (or “step”) are not being interpreted under
35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise
indicated in an Office action.
This application includes one or more claim limitations that do not use the word
“means, “but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35
U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder
that is coupled with functional language without reciting sufficient structure to perform
the recited function and the generic placeholder is not preceded by a structural modifier.
Such claim limitation(s) is/are:
• “a monitoring unit” in claim 1, 3-13, 15-17
Examiner notes that the specification does disclose in paragraph [0051] that
“a monitoring unit 150, which monitors the operation frequency of a memory region of the memory 110 allocated to the host device 200” and in paragraph [0052] that “The monitoring unit 150 may monitor the operation frequency of a memory region allocated to the host device 200, and may manage operation frequency information based on the monitored operation frequency”. The above suggests that “monitoring unit” has sufficient structure in specification and in Fig 2. This/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35
U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the
claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA
35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the
claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s)
sufficient structure to perform the claimed function so as to avoid it/them being
interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
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 of carrying out his invention.
Claims 1, 13, 17 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first
paragraph, as failing to comply with the written description requirement. The claim(s)
contains 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,
or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the
application was filed, had possession of the claimed invention. The added limitation in
the amended claims 1, 13, 17 “wherein a first frequency value according to the first operation frequency information of a first unit storage region is equal to sum of a second frequency value according to the second operation frequency information of each of a plurality of first unit storage sub-regions included in the first unit storage region” does not have sufficient support in the specification. The specification discloses
summing the frequency of program operations and the frequency of read operations in
paragraph [0053] for Fig 3, but not first operation frequency information of a first unit storage region is equal to sum of a second frequency value according to the second operation frequency information of each of a plurality of first unit storage sub-regions. Claim 1,13 and 17 are therefore rejected under 35 U.S.C. 112 (pre-AIA ), first paragraph as failing to comply with the written description requirement. Dependent claims 3-12, 15-16 and 19-20 are rejected based on their dependency on rejected claims 1,13 and 17.
Claim Rejections - 35 USC § 103
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1, 3-6, 8-13, 15-17 and 19-20 are rejected under 35 U.S.C. 103 as
being unpatentable over MEI et al. (US 20160179420 A1) in view of Kawakami et al. (US 20120278569 A1) and further in view of Mio et al. (US 20190220214 A1) hereinafter MEI and Kawakami and Mio.
Regarding claim 1, MEI teaches A memory system comprising: at least one memory including a plurality of unit storage regions, (see Fig 1, paragraph [0031] and [0035], illustrates a storage system having memory storages or regions 2 and 3)
each of the plurality of unit storage regions including a plurality of unit storage sub-regions; and (see Fig 5, paragraph [0074], illustrates each storage region 208 is divided into sub pools or sub regions 208a-c))
a monitoring unit configured to generate and manage first operation frequency information based on an operation frequency of at least one of the plurality of unit storage regions, and (see Fig 1, paragraph [0037] and [0038], illustrates storage management apparatus 1 includes an acquiring unit 1a which acquires frequency information 5 from the storage apparatus 2)
to generate and manage second operation frequency information based on an operation frequency of each of the plurality of unit storage sub-regions included in some of the plurality of unit storage regions in which the first operation frequency information exists among the plurality of unit storage regions. (see Fig 6, paragraph [0083], illustrates management server 100 acquires frequency of access for storage regions 209 and assigns or generates frequency access frequency for regions 309)
MEI teaches storage system control for operation frequency above. However, MEI does not explicitly teach having a first size, each of the plurality of unit storage regions including a plurality of unit storage sub-regions having a second size smaller than the first size;
On the other hand, Kawakami which also relates to storage system control for
operation frequency teaches having a first size, each of the plurality of unit storage regions including a plurality of unit storage sub-regions having a second size smaller than the first size; (see Fig 1, paragraph [0007], illustrates data blocks can have units of segments where segment size maybe dynamic capacity allocation size, a fixed size, or variable length size)
Both MEI and Kawakami relate to storage system control for operation frequency (see MEI, abstract, and see Kawakami, abstract, regarding partial programming management).
Therefore, it would have been obvious to one of ordinary skill at the time the
invention was effectively filed to combine MEI with Kawakami by incorporating
storage system control for operation frequency where data is stored in regions based on access frequency, as taught by Kawakami, to illustrate data blocks can have units of segments where segment size maybe dynamic capacity allocation size, a fixed size, or variable length size. The combined system of MEI – Kawakami allows controller to classify each of the unit physical storage areas into one of the tiers by use of a threshold of an access frequency from the external apparatus through the unit logical storage areas, the tier controller calculates as the access frequency an access frequency to each of the unit physical storage areas belonging to the tiers based on an access record from the external apparatus, and classifies the unit physical storage areas into the tiers by comparing the calculated access frequencies with the access frequency threshold as mentioned in paragraph [0014]. Therefore, the combination of MEI - Kawakami improves capacity efficiency and cost effectiveness. See Kawakami, paragraph [0015].
MEI in view of Kawakami teaches storage system control for operation frequency above. However, MEI does not explicitly teach wherein a first frequency value according to the first operation frequency information of a first unit storage region is equal to a sum of a second frequency value according to the second operation frequency information of each of a plurality of first unit storage sub-regions included in the first unit storage region,
and wherein in response to the first frequency value is equal to or greater than a preset threshold, the monitoring unit generates the second operation frequency information for each of the plurality of first unit storage sub-regions and the second operation frequency information for each of the plurality of first unit storage sub-regions is not generated while the first frequency value is smaller than the preset threshold
On the other hand, Mio which also relates to storage system control for
operation frequency teaches wherein a first frequency value according to the first operation frequency information of a first unit storage region is equal to a sum of a second frequency value according to the second operation frequency (see Fig 5 and 9, paragraph [0126], illustrates in step S13 CM 110 acquires the access frequencies from the records of the unit region management table 132 and generates access frequency information based on the access frequencies of the unit regions. In other words, a new access frequency is generated based on listed access frequencies of the unit regions)
information of each of a plurality of first unit storage sub-regions included in the first unit storage region (see Fig 5 and 9, paragraph [0126], illustrates access frequency transmitting unit 142 of the CM 110 acquires the access frequencies from the records of the unit region management table 132 which has information of access frequencies of unit regions)
and wherein in response to the first frequency value is equal to or greater than a preset threshold, the monitoring unit generates the second operation frequency information for each of the plurality of first unit storage sub-regions (see Fig 5, paragraph [0131], illustrates data of a generated unit region whose access frequency maybe equal to or higher than the threshold TH2 based on acquired access frequencies of the unit regions from unit region management table 311 and placed in high level layer)
and the second operation frequency information for each of the plurality of first unit storage sub-regions is not generated while the first frequency value is smaller than the preset threshold (see Fig 5, paragraph [0131], illustrates data of a generated unit region whose access frequency maybe lower than the threshold TH1 based on acquired access frequencies of the unit regions from unit region management table 311 and placed in low level layer)
Both MEI, Kawakami and Mio relate to storage system control for operation frequency (see MEI, abstract, and see Kawakami, abstract, and see Mio, abstract, regarding partial programming management).
Therefore, it would have been obvious to one of ordinary skill at the time the
invention was effectively filed to combine MEI - Kawakami combination with Mio by incorporating storage system control for operation frequency where data is stored in regions based on access frequency, as taught by Mio, to enable in step S13 CM 110 to acquire the access frequencies from the records of the unit region management table 132 and generates access frequency information based on the access frequencies of the unit regions. In other words, a new access frequency is generated based on listed access frequencies of the unit regions access frequency transmitting unit 142 of the CM 110 acquires the access frequencies from the records of the unit region management table 132 which has information of access frequencies of unit regions and data of a generated unit region whose access frequency maybe equal to or higher than the threshold TH2 based on acquired access frequencies of the unit regions from unit region management table 311 and placed in high level layer and also data of a generated unit region whose access frequency maybe lower than the threshold TH1 based on acquired access frequencies of the unit regions from unit region management table 311 and placed in low level layer. The combined system of MEI – Kawakami - Mio allows data that is accessed with high frequency is placed in a memory device of a high access rate, while data that is accessed with low frequency is placed in a memory device of a low access rate as mentioned in paragraph [0003]. Therefore, the combination of MEI - Kawakami - Mio improves access performance. See Mio, paragraph [0003].
Regarding claim 3, MEI in view of Kawakami and further in view of Mio teaches storage system control for operation frequency in claim 1. However, MEI - Kawakami - Mio combination does not explicitly teach The memory system according to claim 1, wherein after generating the second operation frequency information, the monitoring unit accumulates and manages the first operation frequency information
On the other hand, MEI which also relates to storage system control for
operation frequency teaches The memory system according to claim 2, wherein after generating the second operation frequency information, the monitoring unit accumulates and manages the first operation frequency information. (see Fig 7, paragraph [0092], illustrates management server 100 acquires access frequency of the active storage apparatus 200 from work server 400 after assigning them to virtual volume 309 based on frequency information acquired)
The same motivation that was utilized for combining MEI – Kawakami
combination and Mio as set forth in claim 1 is equally applicable to claim 3.
Regarding claim 4, MEI in view of Kawakami and further in view of Mio teaches storage system control for operation frequency in claim 1. However, MEI - Kawakami - Mio combination does not explicitly teach The memory system according to claim 1, wherein the second operation frequency information includes at least one of a total accumulated value or an accumulated value per unit time of an operation frequency of each of the plurality of unit storage sub-regions
On the other hand, Mio which also relates to storage system control for
operation frequency teaches The memory system according to claim 1, wherein the
second operation frequency information includes at least one of a total
accumulated value or an accumulated value per unit time of an operation
frequency of each of the plurality of unit storage sub-regions. (see Fig 6,
paragraph [0085], illustrates the access frequencies in the unit time period are held in
the access frequency item of the unit region management table 132 stored in the CM
110 at the end of the unit time period)
Both MEI, Kawakami and Mio relate to storage system control for operation frequency (see MEI, abstract, and see Kawakami, abstract, and see Mio, abstract, regarding partial programming management).
Therefore, it would have been obvious to one of ordinary skill at the time the
invention was effectively filed to combine MEI - Kawakami combination with Mio by
incorporating storage system control for operation frequency where data is stored in
regions based on access frequency, as taught by Mio, to enable access frequencies in
the unit time period to be held in the access frequency item of the unit region
management table stored in the CM at the end of the unit time period. The combined
system of MEI - Kawakami – Mio allows data that is accessed with high frequency is
placed in a memory device of a high access rate, while data that is accessed with low
frequency is placed in a memory device of a low access rate as mentioned in paragraph
[0003]. Therefore, the combination of MEI - Kawakami - Mio improves access
performance. See Mio, paragraph [0003].
Regarding claim 5, MEI in view of Kawakami and further in view of Mio teaches storage system control for operation frequency in claim 1. However, MEI - Kawakami - Mio combination does not explicitly teach The memory system according to claim 1, wherein the monitoring unit generates the first operation frequency information on the basis of an operation frequency of a unit storage region allocated to a host device according to an allocation request received from the host device
and when a deallocation request for the unit storage region is received from the host device, deletes the first operation frequency information and the second operation frequency information associated with the unit storage region
On the other hand, MEI which also relates to storage system control for
operation frequency teaches The memory system according to claim 1, wherein the monitoring unit generates the first operation frequency information on the basis of an operation frequency of a unit storage region allocated to a host device according to an allocation request received from the host device, (see Fig 6, paragraph [0083], illustrates management server 100 assigns or allocates a divided region based on access frequency from work server)
and when a deallocation request for the unit storage region is received from the host device, deletes the first operation frequency information and the second operation frequency information associated with the unit storage region. (see Fig 8, paragraph [0099], illustrates relocation control unit 130 generates a relocation or deallocation list indicating which divided regions are to be reassigned which has the updated reallocation list or in other words old allocation list is updated or deleted)
The same motivation that was utilized for combining MEI – Kawakami
combination and Mio as set forth in claim 1 is equally applicable to claim 5.
Regarding claim 6, MEI in view of Kawakami and further in view of Mio teaches storage system control for operation frequency in claim 1. However, MEI - Kawakami - Mio combination does not explicitly teach The memory system according to claim 1, wherein when receiving a read request for the first operation frequency information or the second operation frequency information associated with a unit storage region allocated to a host device among the plurality of unit storage regions, the monitoring unit provides the first operation frequency information or the second operation frequency information to the host device
On the other hand, Mio which also relates to storage system control for
operation frequency teaches The memory system according to claim 1, wherein
when receiving a read request for the first operation frequency information or the
second operation frequency information associated with a unit storage region
allocated to a host device among the plurality of unit storage regions, the
monitoring unit provides the first operation frequency information or the second
operation frequency information to the host device. (see Fig 5, paragraph [0069]
and [0071], illustrates control unit 141 receives read request for data stores in unit
regions and access frequency transmitting unit 142 collects access frequencies of the
unit regions and transmits the collected access frequencies as access frequency
information to the managing server 300)
Both MEI, Kawakami and Mio relate to storage system control for operation
frequency (see MEI, abstract, and see Kawakami, abstract, and see Mio, abstract, regarding partial programming management).
Therefore, it would have been obvious to one of ordinary skill at the time the
invention was effectively filed to combine MEI - Kawakami combination with Mio by
incorporating storage system control for operation frequency where data is stored in
regions based on access frequency, as taught by Mio, to enable control unit to receive
read request for data stores in unit regions and access frequency transmitting unit
collects access frequencies of the unit regions and transmits the collected access
frequencies as access frequency information to the managing server. The combined
system of MEI - Kawakami – Mio allows data that is accessed with high frequency is
placed in a memory device of a high access rate, while data that is accessed with low
frequency is placed in a memory device of a low access rate as mentioned in paragraph
[0003]. Therefore, the combination of MEI - Kawakami - Mio improves access
performance. See Mio, paragraph [0003].
Regarding claim 8, MEI in view of Kawakami and further in view of Mio teaches storage system control for operation frequency in claim 1. However, MEI - Kawakami - Mio combination does not explicitly teach The memory system according to claim 1, wherein when an increase rate per unit time of a frequency value according to the first operation frequency information is less than a preset first reference value, the monitoring unit deletes the second operation frequency information of the plurality of unit storage sub-regions included in a unit storage region corresponding to the first operation frequency information
On the other hand, Mio which also relates to storage system control for
operation frequency teaches The memory system according to claim 1, wherein
when an increase rate per unit time of a frequency value according to the first
operation frequency information is less than a preset first reference value, the
monitoring unit deletes the second operation frequency information of the
plurality of unit storage sub-regions included in a unit storage region
corresponding to the first operation frequency information. (see Fig 5, paragraph
[0115] and [0117], illustrates access frequency may change and when access
frequency of a certain unit region of which data is to be migrated is lower than a
predetermined value, the migration processing unit 143 confirms and process the
migration where access frequency collecting unit 321 updates the currently registered
values of frequency information)
Both MEI, Kawakami and Mio relate to storage system control for operation
frequency (see MEI, abstract, and see Kawakami, abstract, and see Mio, abstract, regarding partial programming management).
Therefore, it would have been obvious to one of ordinary skill at the time the
invention was effectively filed to combine MEI - Kawakami combination with Mio by
incorporating storage system control for operation frequency where data is stored in
regions based on access frequency, as taught by Mio, to enable access frequency
which may change and when access frequency of a certain unit region of which data is
to be migrated is lower than a predetermined value, the migration processing unit
confirms and process the migration where access frequency collecting unit updates the
currently registered values of frequency information. The combined system of MEI -
Kawakami – Mio allows data that is accessed with high frequency is placed in a memory
device of a high access rate, while data that is accessed with low frequency is placed in
a memory device of a low access rate as mentioned in paragraph [0003]. Therefore, the
combination of MEI - Kawakami - Mio improves access performance. See Mio,
paragraph [0003].
Regarding claim 9, MEI in view of Kawakami and further in view of Mio teaches storage system control for operation frequency in claim 1. However, MEI - Kawakami - Mio combination does not explicitly teach The memory system according to claim 1, wherein when an increase rate per unit time of a frequency value according to the second operation frequency information is less than a preset second reference value, the monitoring unit deletes the second operation frequency information
On the other hand, Mio which also relates to storage system control for
operation frequency teaches The memory system according to claim 1, wherein
when an increase rate per unit time of a frequency value according to the second
operation frequency information is less than a preset second reference value, the
monitoring unit deletes the second operation frequency information. (see Fig 5,
paragraph [0115] and [0117], illustrates access frequency may change and when
access frequency of a certain unit region (first or second) of which data is to be
migrated is lower than a predetermined value, the migration processing unit 143
confirms and process the migration where access frequency collecting unit 321 updates
the currently registered values of frequency information)
Both MEI, Kawakami and Mio relate to storage system control for operation
frequency (see MEI, abstract, and see Kawakami, abstract, and see Mio, abstract, regarding partial programming management).
Therefore, it would have been obvious to one of ordinary skill at the time the
invention was effectively filed to combine MEI - Kawakami combination with Mio by
incorporating storage system control for operation frequency where data is stored in
regions based on access frequency, as taught by Mio, to enable access frequency
which may change and when access frequency of a certain unit region of which data is
to be migrated is lower than a predetermined value, the migration processing unit
confirms and process the migration where access frequency collecting unit updates the
currently registered values of frequency information. The combined system of MEI -
Kawakami – Mio allows data that is accessed with high frequency is placed in a memory
device of a high access rate, while data that is accessed with low frequency is placed in
a memory device of a low access rate as mentioned in paragraph [0003]. Therefore, the
combination of MEI - Kawakami - Mio improves access performance. See Mio,
paragraph [0003].
Regarding claim 10, MEI in view of Kawakami and further in view of Mio teaches storage system control for operation frequency in claim 1. However, MEI - Kawakami - Mio combination does not explicitly teach The memory system according to claim 1, wherein the first operation frequency information is generated on the basis of at least one of an access frequency, a program operation frequency or a read operation frequency for a unit storage region
On the other hand, MEI which also relates to storage system control for
operation frequency teaches The memory system according to claim 1, wherein the first operation frequency information is generated on the basis of at least one of an access frequency, a program operation frequency or a read operation frequency for a unit storage region. (see Fig 9, paragraph [0117], illustrates access frequency from the work server 400 is generated based on IOPS information of the assignment management table where IOPS information includes input (program) and output (read) operation)
The same motivation that was utilized for combining MEI – Kawakami
combination and Mio as set forth in claim 1 is equally applicable to claim 10.
Regarding claim 11, MEI in view of Kawakami and further in view of Mio teaches storage system control for operation frequency in claim 1. However, MEI - Kawakami - Mio combination does not explicitly teach The memory system according to claim 1, wherein the second operation frequency information is generated on the basis of at least one of an access frequency, a program operation frequency or a read operation frequency for a unit storage sub-region
On the other hand, MEI which also relates to storage system control for
operation frequency teaches The memory system according to claim 1, wherein the second operation frequency information is generated on the basis of at least one of an access frequency, a program operation frequency or a read operation frequency for a unit storage sub-region. (see Fig 7, paragraph [0094], illustrates IOPS or input (program) output (read) operations are used as information indicating access frequency from work server 400 for data in sub regions)
The same motivation that was utilized for combining MEI – Kawakami
combination and Mio as set forth in claim 1 is equally applicable to claim 11.
Regarding claim 12, MEI in view of Kawakami and further in view of Mio teaches storage system control for operation frequency in claim 1. However, MEI - Kawakami - Mio combination does not explicitly teach The memory system according to claim 1, wherein the first operation frequency information and the second operation frequency information are stored and managed in a buffer memory
On the other hand, MEI which also relates to storage system control for
operation frequency teaches The memory system according to claim 1, wherein the first operation frequency information and the second operation frequency information are stored and managed in a buffer memory. (see Fig 1, paragraph [0057], illustrates management server 100 which includes frequency information acquiring unit may be equipped with another type of auxiliary storage, such as flash memory or a solid state drive (SSD) similar to buffer)
The same motivation that was utilized for combining MEI – Kawakami
combination and Mio as set forth in claim 1 is equally applicable to claim 12.
Regarding claim 13, MEI teaches A control device comprising: a buffer memory; and a monitoring unit configured to (see Fig 1, paragraph [0057], illustrates management server 100 which includes frequency information acquiring unit may be equipped with another type of auxiliary storage, such as flash memory or a solid state drive (SSD) similar to buffer)
generate first operation frequency information based on an operation frequency of at least one of a plurality of unit storage regions included in a memory, to store the first operation frequency information in the buffer memory, (see Fig 1, paragraph [0037] and [0038], illustrates storage management apparatus 1 includes an acquiring unit 1a which acquires frequency information 5 from the storage apparatus 2)
to generate second operation frequency information based on an operation frequency of each of a plurality of unit storage sub-regions included in some of unit storage regions in which the first operation frequency information exists among the plurality of unit storage regions, and to store the second operation frequency information in the buffer memory. (see Fig 6, paragraph [0083], illustrates management server 100 acquires frequency of access for storage regions 209 and assigns or generates frequency access frequency for regions 309)
MEI teaches storage system control for operation frequency above. However, MEI does not explicitly teach having a first size, each of the plurality of unit storage regions including a plurality of unit storage sub-regions having a second size smaller than the first size;
On the other hand, Kawakami which also relates to storage system control for
operation frequency teaches having a first size, each of the plurality of unit storage regions including a plurality of unit storage sub-regions having a second size smaller than the first size; (see Fig 1, paragraph [0007], illustrates data blocks can have units of segments where segment size maybe dynamic capacity allocation size, a fixed size, or variable length size)
Both MEI and Kawakami relate to storage system control for operation frequency (see MEI, abstract, and see Kawakami, abstract, regarding partial programming management).
Therefore, it would have been obvious to one of ordinary skill at the time the
invention was effectively filed to combine MEI with Kawakami by incorporating
storage system control for operation frequency where data is stored in regions based on access frequency, as taught by Kawakami, to illustrate data blocks can have units of segments where segment size maybe dynamic capacity allocation size, a fixed size, or variable length size. The combined system of MEI – Kawakami allows controller to classify each of the unit physical storage areas into one of the tiers by use of a threshold of an access frequency from the external apparatus through the unit logical storage areas, the tier controller calculates as the access frequency an access frequency to each of the unit physical storage areas belonging to the tiers based on an access record from the external apparatus, and classifies the unit physical storage areas into the tiers by comparing the calculated access frequencies with the access frequency threshold as mentioned in paragraph [0014]. Therefore, the combination of MEI - Kawakami improves capacity efficiency and cost effectiveness. See Kawakami, paragraph [0015].
MEI in view of Kawakami teaches storage system control for operation frequency above. However, MEI does not explicitly teach wherein a first frequency value according to the first operation frequency information of a first unit storage region is equal to a sum of a second frequency value according to the second operation frequency information of each of a plurality of first unit storage sub-regions included in the first unit storage region,
and wherein in response to the first frequency value is equal to or greater than a preset threshold, the monitoring unit generates the second operation frequency information for each of the plurality of first unit storage sub-regions and the second operation frequency information for each of the plurality of first unit storage sub-regions is not generated while the first frequency value is smaller than the preset threshold
On the other hand, Mio which also relates to storage system control for
operation frequency teaches wherein a first frequency value according to the first operation frequency information of a first unit storage region is equal to a sum of a second frequency value according to the second operation frequency (see Fig 5 and 9, paragraph [0126], illustrates in step S13 CM 110 acquires the access frequencies from the records of the unit region management table 132 and generates access frequency information based on the access frequencies of the unit regions. In other words, a new access frequency is generated based on listed access frequencies of the unit regions)
information of each of a plurality of first unit storage sub-regions included in the first unit storage region (see Fig 5 and 9, paragraph [0126], illustrates access frequency transmitting unit 142 of the CM 110 acquires the access frequencies from the records of the unit region management table 132 which has information of access frequencies of unit regions)
and wherein in response to the first frequency value is equal to or greater than a preset threshold, the monitoring unit generates the second operation frequency information for each of the plurality of first unit storage sub-regions (see Fig 5, paragraph [0131], illustrates data of a generated unit region whose access frequency maybe equal to or higher than the threshold TH2 based on acquired access frequencies of the unit regions from unit region management table 311 and placed in high level layer)
and the second operation frequency information for each of the plurality of first unit storage sub-regions is not generated while the first frequency value is smaller than the preset threshold (see Fig 5, paragraph [0131], illustrates data of a generated unit region whose access frequency maybe lower than the threshold TH1 based on acquired access frequencies of the unit regions from unit region management table 311 and placed in low level layer)
Both MEI, Kawakami and Mio relate to storage system control for operation frequency (see MEI, abstract, and see Kawakami, abstract, and see Mio, abstract, regarding partial programming management).
Therefore, it would have been obvious to one of ordinary skill at the time the
invention was effectively filed to combine MEI - Kawakami combination with Mio by incorporating storage system control for operation frequency where data is stored in regions based on access frequency, as taught by Mio, to enable in step S13 CM 110 to acquire the access frequencies from the records of the unit region management table 132 and generates access frequency information based on the access frequencies of the unit regions. In other words, a new access frequency is generated based on listed access frequencies of the unit regions access frequency transmitting unit 142 of the CM 110 acquires the access frequencies from the records of the unit region management table 132 which has information of access frequencies of unit regions and data of a generated unit region whose access frequency maybe equal to or higher than the threshold TH2 based on acquired access frequencies of the unit regions from unit region management table 311 and placed in high level layer and also data of a generated unit region whose access frequency maybe lower than the threshold TH1 based on acquired access frequencies of the unit regions from unit region management table 311 and placed in low level layer. The combined system of MEI – Kawakami - Mio allows data that is accessed with high frequency is placed in a memory device of a high access rate, while data that is accessed with low frequency is placed in a memory device of a low access rate as mentioned in paragraph [0003]. Therefore, the combination of MEI - Kawakami - Mio improves access performance. See Mio, paragraph [0003].
Regarding claim 15, MEI in view of Kawakami and further in view of Mio teaches storage system control for operation frequency in claim 13. However, MEI - Kawakami - Mio combination does not explicitly teach The control device according to claim 13, wherein when an increase rate per unit time of a frequency value according to the first operation frequency information is less than a preset first reference value, the monitoring unit deletes, from the buffer memory, the second operation frequency information of the plurality of unit storage sub-regions included in a unit storage region corresponding to the first operation frequency information
On the other hand, Mio which also relates to storage system control for
operation frequency teaches The control device according to claim 13, wherein
when an increase rate per unit time of a frequency value according to the first
operation frequency information is less than a preset first reference value, the
monitoring unit deletes, from the buffer memory, the second operation frequency
information of the plurality of unit storage sub-regions included in a unit storage
region corresponding to the first operation frequency information. (see Fig 5,
paragraph [0115] and [0117], illustrates access frequency may change and when
access frequency of a certain unit region of which data is to be migrated is lower than a
predetermined value, the migration processing unit 143 confirms and process the
migration where access frequency collecting unit 321 updates the currently registered
values of frequency information)
Both MEI, Kawakami and Mio relate to storage system control for operation
frequency (see MEI, abstract, and see Kawakami, abstract, and see Mio, abstract, regarding partial programming management).
Therefore, it would have been obvious to one of ordinary skill at the time the
invention was effectively filed to combine MEI - Kawakami combination with Mio by
incorporating storage system control for operation frequency where data is stored in
regions based on access frequency, as taught by Mio, to enable access frequency
which may change and when access frequency of a certain unit region of which data is
to be migrated is lower than a predetermined value, the migration processing unit
confirms and process the migration where access frequency collecting unit updates the
currently registered values of frequency information. The combined system of MEI -
Kawakami – Mio allows data that is accessed with high frequency is placed in a memory
device of a high access rate, while data that is accessed with low frequency is placed in
a memory device of a low access rate as mentioned in paragraph [0003]. Therefore, the
combination of MEI - Kawakami - Mio improves access performance. See Mio,
paragraph [0003].
Regarding claim 16, MEI in view of Kawakami and further in view of Mio teaches storage system control for operation frequency in claim 13. However, MEI - Kawakami - Mio combination does not explicitly teach The control device according to claim 13, wherein when an increase rate per unit time of a frequency value according to the second operation frequency information is less than a preset second reference value, the monitoring unit deletes, from the buffer memory, the second operation frequency information
On the other hand, Mio which also relates to storage system control for
operation frequency teaches The control device according to claim 13, wherein
when an increase rate per unit time of a frequency value according to the second
operation frequency information is less than a preset second reference value, the
monitoring unit deletes, from the buffer memory, the second operation frequency
information. (see Fig 5, paragraph [0115] and [0117], illustrates access frequency may
change and when access frequency of a certain unit region (first or second) of which
data is to be migrated is lower than a predetermined value, the migration processing
unit 143 confirms and process the migration where access frequency collecting unit 321
updates the currently registered values of frequency information)
Both MEI, Kawakami and Mio relate to storage system control for operation
frequency (see MEI, abstract, and see Kawakami, abstract, and see Mio, abstract, regarding partial programming management).
Therefore, it would have been obvious to one of ordinary skill at the time the
invention was effectively filed to combine MEI - Kawakami combination with Mio by
incorporating storage system control for operation frequency where data is stored in
regions based on access frequency, as taught by Mio, to enable access frequency
which may change and when access frequency of a certain unit region (first or second)
of which data is to be migrated is lower than a predetermined value, the migration
processing unit confirms and process the migration where access frequency collecting
unit updates the currently registered values of frequency information. The combined
system of MEI - Kawakami – Mio allows data that is accessed with high frequency is
placed in a memory device of a high access rate, while data that is accessed with low
frequency is placed in a memory device of a low access rate as mentioned in paragraph
[0003]. Therefore, the combination of MEI - Kawakami - Mio improves access
performance. See Mio, paragraph [0003].
Regarding claim 17, MEI teaches A computing system comprising: a host device; and a memory device including a plurality of storage regions, and (see Fig 1, paragraph [0031] and [0035], illustrates a storage system having memory storages or regions 2 and 3)
configured to allocate at least a part of the plurality of storage regions according to a request from the host device, (see Fig 8, paragraph [0065], illustrates control module 201 assesses and assigns storage device after receiving instructions and access requests from work server 400)
generate and manage operation frequency information based on an operation frequency of a storage region allocated to the host device among the plurality of storage regions and provide the operation frequency information to the host device. (see Fig 1, paragraph [0037] and [0038], illustrates storage management apparatus 1 includes an acquiring unit 1a which acquires frequency information 5 from the storage apparatus 2)
MEI teaches storage system control for operation frequency above. However, MEI does not explicitly teach wherein each of the plurality of storage regions includes a plurality of unit storage regions having a first size, and each of the plurality of unit storage regions includes a plurality of unit storage sub-regions having a second size smaller than the first size,
and the operation frequency information includes a first operation frequency information of each of the plurality of unit storage regions and a second operation frequency information of each of the plurality of unit storage sub-regions;
On the other hand, Kawakami which also relates to storage system control for
operation frequency teaches wherein each of the plurality of storage regions includes a plurality of unit storage regions having a first size, and each of the plurality of unit storage regions includes a plurality of unit storage sub-regions having a second size smaller than the first size, (see Fig 1, paragraph [0007], illustrates data blocks can have units of segments where segment size maybe dynamic capacity allocation size, a fixed size, or variable length size)
and the operation frequency information includes a first operation frequency information of each of the plurality of unit storage regions and a second operation frequency information of each of the plurality of unit storage sub-regions; (see Fig 3, paragraph [0068], illustrates different storage segment units having different access frequency)
Both MEI and Kawakami relate to storage system control for operation frequency (see MEI, abstract, and see Kawakami, abstract, regarding partial programming management).
Therefore, it would have been obvious to one of ordinary skill at the time the
invention was effectively filed to combine MEI with Kawakami by incorporating
storage system control for operation frequency where data is stored in regions based on access frequency, as taught by Kawakami, to illustrate data blocks can have units of segments where segment size maybe dynamic capacity allocation size, a fixed size, or variable length size. The combined system of MEI – Kawakami allows controller to classify each of the unit physical storage areas into one of the tiers by use of a threshold of an access frequency from the external apparatus through the unit logical storage areas, the tier controller calculates as the access frequency an access frequency to each of the unit physical storage areas belonging to the tiers based on an access record from the external apparatus, and classifies the unit physical storage areas into the tiers by comparing the calculated access frequencies with the access frequency threshold as mentioned in paragraph [0014]. Therefore, the combination of MEI - Kawakami improves capacity efficiency and cost effectiveness. See Kawakami, paragraph [0015].
MEI in view of Kawakami teaches storage system control for operation frequency above. However, MEI does not explicitly teach wherein a first frequency value according to the first operation frequency information of a first unit storage region is equal to a sum of a second frequency value according to the second operation frequency information of each of a plurality of first unit storage sub-regions included in the first unit storage region,
and wherein in response to the first frequency value is equal to or greater than a preset threshold, the monitoring unit generates the second operation frequency information for each of the plurality of first unit storage sub-regions and the second operation frequency information for each of the plurality of first unit storage sub-regions is not generated while the first frequency value is smaller than the preset threshold
On the other hand, Mio which also relates to storage system control for
operation frequency teaches wherein a first frequency value according to the first operation frequency information of a first unit storage region is equal to a sum of a second frequency value according to the second operation frequency (see Fig 5 and 9, paragraph [0126], illustrates in step S13 CM 110 acquires the access frequencies from the records of the unit region management table 132 and generates access frequency information based on the access frequencies of the unit regions. In other words, a new access frequency is generated based on listed access frequencies of the unit regions)
information of each of a plurality of first unit storage sub-regions included in the first unit storage region (see Fig 5 and 9, paragraph [0126], illustrates access frequency transmitting unit 142 of the CM 110 acquires the access frequencies from the records of the unit region management table 132 which has information of access frequencies of unit regions)
and wherein in response to the first frequency value is equal to or greater than a preset threshold, the monitoring unit generates the second operation frequency information for each of the plurality of first unit storage sub-regions (see Fig 5, paragraph [0131], illustrates data of a generated unit region whose access frequency maybe equal to or higher than the threshold TH2 based on acquired access frequencies of the unit regions from unit region management table 311 and placed in high level layer)
and the second operation frequency information for each of the plurality of first unit storage sub-regions is not generated while the first frequency value is smaller than the preset threshold (see Fig 5, paragraph [0131], illustrates data of a generated unit region whose access frequency maybe lower than the threshold TH1 based on acquired access frequencies of the unit regions from unit region management table 311 and placed in low level layer)
Both MEI, Kawakami and Mio relate to storage system control for operation frequency (see MEI, abstract, and see Kawakami, abstract, and see Mio, abstract, regarding partial programming management).
Therefore, it would have been obvious to one of ordinary skill at the time the
invention was effectively filed to combine MEI - Kawakami combination with Mio by incorporating storage system control for operation frequency where data is stored in regions based on access frequency, as taught by Mio, to enable in step S13 CM 110 to acquire the access frequencies from the records of the unit region management table 132 and generates access frequency information based on the access frequencies of the unit regions. In other words, a new access frequency is generated based on listed access frequencies of the unit regions access frequency transmitting unit 142 of the CM 110 acquires the access frequencies from the records of the unit region management table 132 which has information of access frequencies of unit regions and data of a generated unit region whose access frequency maybe equal to or higher than the threshold TH2 based on acquired access frequencies of the unit regions from unit region management table 311 and placed in high level layer and also data of a generated unit region whose access frequency maybe lower than the threshold TH1 based on acquired access frequencies of the unit regions from unit region management table 311 and placed in low level layer. The combined system of MEI – Kawakami - Mio allows data that is accessed with high frequency is placed in a memory device of a high access rate, while data that is accessed with low frequency is placed in a memory device of a low access rate as mentioned in paragraph [0003]. Therefore, the combination of MEI - Kawakami - Mio improves access performance. See Mio, paragraph [0003].
Regarding claim 19, MEI in view of Kawakami and further in view of Mio teaches storage system control for operation frequency in claim 17. However, MEI - Kawakami - Mio combination does not explicitly teach The computing system according to claim 17, wherein when receiving, from the host device, a deallocation request for the allocated storage region or a deletion request for the operation frequency information, the memory device deletes the operation frequency information
On the other hand, MEI which also relates to storage system control for
operation frequency teaches The computing system according to claim 17, wherein when receiving, from the host device, a deallocation request for the allocated storage region or a deletion request for the operation frequency information, the memory device deletes the operation frequency information. (see Fig 8, paragraph [0099], illustrates relocation control unit 130 generates a relocation or deallocation list indicating which divided regions are to be reassigned which has the updated reallocation list or in other words old allocation list is updated or deleted)
The same motivation that was utilized for combining MEI – Kawakami
combination and Mio as set forth in claim 17 is equally applicable to claim 19.
Regarding claim 20, MEI in view of Kawakami and further in view of Mio teaches storage system control for operation frequency in claim 17. However, MEI - Kawakami - Mio combination does not explicitly teach The computing system according to claim 17, wherein when an increase rate per unit time of a frequency value according to the operation frequency information is less than a preset reference value, the memory device deletes the operation frequency information
On the other hand, Mio which also relates to storage system control for
operation frequency teaches The computing system according to claim 17, wherein
when an increase rate per unit time of a frequency value according to the
operation frequency information is less than a preset reference value, the
memory device deletes the operation frequency information. (see Fig 5, paragraph
[0115] and [0117], illustrates access frequency may change and when access
frequency of a certain unit region (first or second) of which data is to be migrated is
lower than a predetermined value, the migration processing unit 143 confirms and
process the migration where access frequency collecting unit 321 updates the currently
registered values of frequency information)
Both MEI, Kawakami and Mio relate to storage system control for operation frequency (see MEI, abstract, and see Kawakami, abstract, and see Mio, abstract, regarding partial programming management).
Therefore, it would have been obvious to one of ordinary skill at the time the
invention was effectively filed to combine MEI - Kawakami combination with Mio by
incorporating storage system control for operation frequency where data is stored in
regions based on access frequency, as taught by Mio, to enable access frequency
which may change and when access frequency of a certain unit region of which data is
to be migrated is lower than a predetermined value, the migration processing unit
confirms and process the migration where access frequency collecting unit updates the
currently registered values of frequency information. The combined system of MEI -
Kawakami – Mio allows data that is accessed with high frequency is placed in a memory
device of a high access rate, while data that is accessed with low frequency is placed in
a memory device of a low access rate as mentioned in paragraph [0003]. Therefore, the
combination of MEI - Kawakami - Mio improves access performance. See Mio,
paragraph [0003].
Claim(s) 7 is rejected under 35 U.S.C. 103 as being unpatentable over MEI in view of Kawakami and further in view of Mio and further in view of Nakata et al. (US 20180181313 A1) hereinafter Nakata.
Regarding claim 7, MEI in view of Kawakami and further in view of Mio teaches storage system control for operation frequency in claim 1. However, MEI - Kawakami - Mio combination does not explicitly teach The memory system according to claim 1, wherein the monitoring unit requests a host device allocated a unit storage sub-region corresponding to the second operation frequency information to transmit a command indicating whether to maintain the second operation frequency information, and when receiving, from the host device, a command indicating deletion of the second operation frequency information, deletes the second operation frequency information
On the other hand, Nakata which also relates to storage system control for
operation frequency teaches The memory system according to claim 1, wherein the monitoring unit requests a host device allocated a unit storage sub-region corresponding to the second operation frequency information to transmit a command indicating whether to maintain the second operation frequency information, and when receiving, from the host device, a command indicating deletion of the second operation frequency information, deletes the second operation frequency information. (see Fig 18, paragraph [0200] and [0205], illustrates at step S212 frequency information may be transmitted together with a version number of the management table 102 in response to a synchronization request from the storage apparatus 200 and the management table 102 is successively updated based on the information)
Both MEI, Kawakami, Mio and Nakata relate to storage system control for operation frequency (see MEI, abstract, and see Kawakami, abstract, and see Mio, abstract, and see Nakata, abstract, regarding partial programming management).
Therefore, it would have been obvious to one of ordinary skill at the time the
invention was effectively filed to combine MEI - Kawakami - Mio combination with Nakata by incorporating storage system control for operation frequency where data is stored in regions based on access frequency, as taught by Nakata, to enable frequency information which may be transmitted together with a version number of the management table in response to a synchronization request from the storage apparatus and the management table is successively updated based on the information. The combined system of MEI - Kawakami - Mio – Nakata allows management server to manage the state of the individual storage apparatus utilizing a management table including the substance of management information retained by the individual storage apparatus as mentioned in paragraph [0003]. Therefore, the combination of MEI - Kawakami - Mio - Nakata improves response of the management. See Nakata, paragraph [0084].
Response to Arguments
Applicant’s arguments filed on 04/27/2026 have been fully considered but they
are not persuasive.
Applicant’s first argument is claim 1, 13 and 17 amendments mapping by primary reference MEI and secondary reference Kawakami in page 8 of the response: Kawakami is not directed the hierarchical management of access
frequency of sub-regions of memory that are part of a unit storage region. Instead, Kawakami is directed to reducing a "total access frequency" by eliminating duplicate data. The deduplication mechanism of Kawakami is completely different from the present inventions' approach of generating sub-region frequency information for detailed tracking.
In addition, Kawakami does not teach or disclose generating additional frequency information for the lower sub-regions when the frequency of the upper region increases. Applicant respectfully submits that the Mei and Kawakami, whether alone or in combination, do not teach or suggest all of the limitations of the claims
In summary, applicant argued that primary reference MEI and secondary reference Kawakami do not teach amended limitations frequency information of a first unit storage region is equal to sum of a second frequency value according to the second operation frequency information of each of a plurality of first unit storage sub-regions. The amendment necessitates adding another secondary reference Mio in this regard. For further clarification examiner cites portion from Mio. Also, for applicant’s understanding examiner would like to explain the teachings of Mio and examiner’s interpretation in more detail here. See Fig 5 and 9, paragraph [0126], Mio teaches in step S13 CM 110 acquires the access frequencies from the records of the unit region management table 132 and generates access frequency information based on the access frequencies of the unit regions. In other words, a new access frequency is generated based on listed access frequencies of the unit regions. Also see Fig 5 and 9, paragraph [0126], Mio teaches access frequency transmitting unit 142 of the CM 110 acquires the access frequencies from the records of the unit region management table 132 which has information of access frequencies of unit regions. The cited portions clearly teach CM 110 collects or acquires the access frequencies from the records of the unit region management table 132 and generates access frequency information based on the access frequencies of the unit regions. Thus, the rejection of amended claim 1, 13 and 17 is maintained
Conclusion
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/S.K.C./Examiner, Art Unit 2132
/HOSAIN T ALAM/Supervisory Patent Examiner, Art Unit 2132
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