Prosecution Insights
Last updated: October 02, 2026
Application No. 18/937,365

WRITE PERFORMANCE OPTIMIZATION FOR ERASE ON DEMAND

Non-Final OA §DP
Filed
Nov 05, 2024
Priority
Aug 30, 2021 — CN PCT/CN2021/115333 +1 more
Examiner
YOHA, CONNIE C
Art Unit
Tech Center
Assignee
Micron Technology Inc.
OA Round
1 (Non-Final)
94%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
94%
With Interview

Examiner Intelligence

Grants 94% — above average
94%
Career Allowance Rate
692 granted / 738 resolved
+33.8% vs TC avg
Minimal +0% lift
Without
With
+0.2%
Interview Lift
resolved cases with interview
Fast prosecutor
1y 10m
Avg Prosecution
8 currently pending
Career history
746
Total Applications
across all art units

Statute-Specific Performance

§101
2.7%
-37.3% vs TC avg
§103
21.4%
-18.6% vs TC avg
§102
57.0%
+17.0% vs TC avg
§112
6.1%
-33.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 738 resolved cases

Office Action

§DP
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 . DETAILED ACTION Claims 1-20 are pending. Double Patent Rejection The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the "right to exclude" granted by a patent and to prevent possible harassment by multiple assignees. See In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970);and, In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the conflicting application or patent is shown to be commonly owned with this application. See 37 CFR 1.130(b). Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b). Claims 1-20 are rejected under the judicially created doctrine of obviousness-type double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,170,115. Although the conflicting claims are not identical, they are not patentably distinct from each other because of the reasons set forth below. Claims 1-20 are rejected in view of claims 1-20 of the “115 patent. Similar to the claimed invention, claim 1-20 of the patent recites a “ A method comprising: erasing a first portion of memory from a garbage pool in response to detecting an idle period; receiving a request to write data to the memory; in response to the request to write data, determining that a charge gain threshold has been satisfied for the first portion of memory; moving the first portion of memory back to the garbage pool in response to determining the charge gain threshold has been satisfied; erasing a second portion of memory from the garbage pool to satisfy the request to write data further in response to determining the charge gain threshold has been satisfied; and writing the data to the second portion of memory.”, “A non-transitory computer-readable storage medium comprising instructions that, when executed by a processing device, cause the processing device to: erase a first portion of memory from a garbage pool in response to detecting an idle period; receive a request to write data to the memory; in response to the request to write data, determine that a charge gain threshold has been satisfied for the first portion of memory; moving the first portion of memory back to the garbage pool in response to determining the charge gain threshold has been satisfied; erase a second portion of memory from the garbage pool to satisfy the request to write data further in response to determining the charge gain threshold has been satisfied; and write the data to the second portion of memory.” and “A system comprising: a plurality of memory devices; and a processing device, operatively coupled with the plurality of memory devices, to: erase a first portion of memory from a garbage pool in response to detecting an idle period; receive a request to write data to the memory; in response to the request to write data, determine that a charge gain threshold has been satisfied for the erased portion of memory, wherein the charge gain threshold is a threshold amount of time following the erasing of the first portion of memory; moving the first portion of memory back to the garbage pool in response to determining the charge gain threshold has been satisfied; erase a second portion of memory from the garbage pool to satisfy the request to write data further in response to determining the charge gain threshold has been satisfied; and write the data to the second portion of memory.” As can be seen, the patent protection for the claimed invention has already been granted to the earlier filed application. eTerminal Disclaimer The USPT© internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp. Claims 1-20 would be allowable if an eTerminal Disclaimer signed and filed by an attorney or agent of record to overcome the obviousness-type double patenting rejection. Conclusion The prior art made of record and not relied upon is considered pertinent to applicants' disclosure, Lee, US 11,449,277 Patent. Lee discloses a memory controller that predicts idle periods, performs background erase operations, manages free blocks, and adjust write operations based on free-block availability and anticipated workload conditions. However, Lee does not teach determining whether an erased memory portion satisfies a charge gain threshold, returning the erase memory portion to a garbage pool in response to satisfaction of the charge gain threshold, erasing a different memory portion from the garbage pool based on the charge gain threshold determination, and writing data to the different memory portion. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CONNIE C YOHA whose telephone number is (571)272-1799. The examiner can normally be reached on M-F 8:00AM - 5:00PM. 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, Alexander Sofocleous can be reached on 571-272-0635. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /CONNIE C YOHA/Primary Examiner, Art Unit 2825
Read full office action

Prosecution Timeline

Nov 05, 2024
Application Filed
Jul 15, 2026
Non-Final Rejection mailed — §DP (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12744077
MEMORY DEVICE AND METHOD OF CONTROLLING ROW HAMMER
2y 4m to grant Granted Sep 22, 2026
Patent 12731640
NON-VOLATILE CONTENT ADDRESSABLE MEMORY DEVICE HAVING SIMPLE CELL CONFIGURATION AND OPERATING METHOD OF THE SAME
2y 5m to grant Granted Sep 08, 2026
Patent 12725647
SEMICONDUCTOR DEVICE AND MEMORY DEVICE INCLUDING SAMPLING CIRCUIT
2y 6m to grant Granted Sep 01, 2026
Patent 12718854
REDUCING CAPACITIVE LOADING OF MEMORY SYSTEM BASED ON SWITCHES
3y 0m to grant Granted Aug 25, 2026
Patent 12706136
MANAGING MEMORY BASED ON ACCESS DURATION
2y 3m to grant Granted Aug 11, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
94%
Grant Probability
94%
With Interview (+0.2%)
1y 10m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 738 resolved cases by this examiner. Grant probability derived from career allowance rate.

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