DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 21 – 40 are pending.
Double Patenting
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. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); 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); 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) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 21, 26 – 30 and 32 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 18 – 19 of U.S. Patent No. 12,164,802. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims at issue are anticipated by said patent.
Instant Application
Patent 12,164,802
21. A memory device comprising:
a buffer memory configured to store a plurality of map data for managing a plurality of user data; and
a memory controller configured to:
update storage information corresponding to a plurality of storage devices;
receive, from a host device, a request corresponding to target user data of the plurality of user data;
generate, based on the request, stream information based on the storage information and the plurality of map data; and
provide a redirection request, comprising the request and the stream information, to the host device or a target storage device of the plurality of storage devices.
18. A computing system comprising:
a memory device comprising a memory controller and a buffer memory configured to store a plurality of map data for managing the plurality of user data;
wherein the memory controller is configured to:
periodically update telemetry information corresponding to the plurality of storage devices;
receive, from the host device through the switch, a request corresponding to target user data of the plurality of user data;
generate, based on the request, input/output (I/O) stream information based on the telemetry information and the plurality of map data,
provide a redirection request, comprising the request and the I/O stream information, to the host device or the target storage device through the switch, and
26. The memory device of claim 21, wherein the memory controller is further configured to control a distribution manager to:
update the storage information; and
select the target storage device based on the updated storage information.
19. The computing system of claim 18, wherein the memory controller is configured to control:
a distribution manager to periodically update the telemetry information and
to select the target storage device based on the updated telemetry information
27. The memory device of claim 21, wherein the stream information indicates a path between the target storage device and the host device.
18. wherein the I/O stream information indicates a path between a target storage device of the plurality of storage devices and the host device;
28. The memory device of claim 21, wherein the memory controller is further configured to control a user data manager to:
generate metadata comprising map data of the target user data of the target storage device by analyzing the plurality of map data of the buffer memory; and
manage original user data or copied user data of the target user data.
19. The computing system of claim 18, wherein the memory controller is configured to control:
a user data manager to generate metadata comprising map data of the target user data of the selected target storage device by analyzing the plurality of map data of the buffer memory and
to manage original user data or copy user data of the target user data;
29. The memory device of claim 21, wherein the memory controller is further configured to control a stream manager to:
generate the stream information; and
provide the redirection request to the host device or the target storage device.
19. The computing system of claim 18, wherein the memory controller is configured to control:
an I/O stream manager to generate the I/O stream information under control of the distribution manager and the user data manager, and
to provide the redirection request to the host device or the target storage device through the switch
30. The memory device of claim 21, wherein the memory controller is further configured to control
a metadata buffer to store metadata comprising map data of the target user data of the target storage device.
18. receive, from the host device through the switch, a request corresponding to target user data of the plurality of user data;
provide a redirection request, comprising the request and the I/O stream information, to the host device or the target storage device through the switch, and
19. The computing system of claim 18, wherein the memory controller is configured to control:
a metadata buffer to store the metadata of the target user data
32. A system comprising:
a plurality of storage devices configured to store a plurality of user data;
a memory device comprising a memory controller and a buffer memory configured to store a plurality of map data for managing the plurality of user data; and
a switch configured to provide an interface between the plurality of storage devices, the memory device, and a host device,
wherein the memory controller is configured to:
periodically update telemetry information corresponding to the plurality of storage devices;
receive, from the host device, a request corresponding to target user data of the plurality of user data;
generate, based on the request, input/output (I/O) stream information based on the telemetry information and the plurality of map data, wherein the I/O stream information indicates a path between a target storage device of the plurality of storage devices and the host device; and
provide a redirection request, comprising the request and the I/O stream information, to the host device or the target storage device.
18. A computing system comprising:
a plurality of storage devices configured to store a plurality of user data;
a memory device comprising a memory controller and a buffer memory configured to store a plurality of map data for managing the plurality of user data;
a switch configured to provide an interface between the plurality of storage devices, the memory device, and the host device,
wherein the memory controller is configured
to:
periodically update telemetry information corresponding to the plurality of storage devices;
receive, from the host device through the switch, a request corresponding to target user data of the plurality of user data;
generate, based on the request, input/output (I/O) stream information based on the telemetry information and the plurality of map data, wherein the I/O stream information indicates a path between a target storage device of the plurality of storage devices and the host device; and
provide a redirection request, comprising the request and the I/O stream information, to the host device or the target storage device through the switch, and
Claims 37 – 40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 – 3 of U.S. Patent No. 12,164,802 in view of Kim (US 20210232343).
Instant Application
Patent 12,164,802
37. A method of operating a memory device, the method comprising:
receiving, from a host device, a request corresponding to target user data of the plurality of user data;
generating, based on the request, input/output (I/O) stream information based on telemetry information corresponding to a plurality of storage devices and the plurality of map data; and
providing a redirection request, comprising the request and the I/O stream information, to the host device or a target storage device of the plurality of storage devices.
1. A method of operating a computing system which includes a plurality of storage devices, a memory device, a host device, and a switch, the method comprising:
receiving, by the memory device from the host device through the switch, a first request corresponding to target user data;
generating, by the memory device based on the first request, first input/output (I/O) stream information based on i) telemetry information corresponding to the plurality of storage devices and ii) a plurality of map data in a buffer memory of the memory device,
providing, by the memory device, a first redirection request, comprising the first request and the first I/O stream information, to the host device or the first storage device through the switch;
38. The method of claim 37, wherein the telemetry information indicates at least one of an execution state, a capacity, an I/O bandwidth, a rate of operation of a storage processor, or a usage of a data buffer, which are associated with each of the plurality of storage devices.
2. The method of claim 1, further comprising wherein the telemetry information indicates any one or any combination of an execution state, a capacity, an I/O bandwidth, a rate of operation of a storage processor, and a usage of a data buffer, which are associated with each of the plurality of storage devices
39. The method of claim 37, wherein the plurality of map data indicates a relationship between a corresponding physical block address and a corresponding logical block address of each of the plurality of user data.
3. The method of claim 1, wherein the plurality of map data indicates a relationship between a corresponding physical block address and a corresponding logical block address of each of a plurality of user data managed by the plurality of storage devices and the host device
40. The method of claim 37, wherein the I/O stream information indicates a path between the target storage device and the host device.
1. wherein the first I/O stream information indicates a data path between a first storage device of the plurality of storage devices and the host device
Regarding claim 37, Patent ‘802 teaches a based method utilizing a plurality of map data. The claimed invention improves upon said base method by (see also limitation below).
reading a plurality of map data for managing a plurality of user data from a buffer memory of the memory device
This improvement to said base method is an application of known technique from Kim – transmitting plurality of pieces of map data from buffer memory device. In particular, Kim teaches
reading a plurality of map data for managing a plurality of user data from a buffer memory of the memory device (Kim teaches transmitting (reading) plurality of pieces of map data (plurality of map data) from buffer memory device 1300 (buffer memory) (see ¶[196] in memory system 1000 (memory device) (see Fig. 1)) wherein i) locality of said map data means (managing) data (user data) that has possibility of being referenced again (see ¶[198]) and ii) wherein said data is responsive to command from host (user) (see ¶[34]) and there are multiple (plurality) commands (see ¶[32]).)
One of ordinary skill in the art would recognize that this known technique of reading map data from buffer can also be applied to read said plurality of map data of Patent ‘802, and the result would have been predictable. In this instance, said plurality of map data is transmitted (reading) from buffer memory device of memory device wherein said plurality of map data is used to determine (managing) which of plural data (plurality of user data), from host (user), has high possibility of being referenced. It would have been obvious to one of ordinary skill in the art at the time of filing to recognize that applying Kim’s known technique would have yielded i) predictable result of said plurality of map data being read from buffer memory device of memory device wherein said plurality of map data is used to determine (managing) which of plural data (plurality of user data), from host (user), has high possibility of being referenced, and ii) the improved claimed invention (see MPEP 2143(I)(D)).
Claim Objections
The following claims are objected to because of the following informalities. Appropriate correction is required.
Claim 23 should be amended to “wherein the plurality of map data indicate[[s]] a relationship between a corresponding physical block address and a corresponding logical block address of each of the plurality of user data”. This is a grammatical correction.
Claim 34 should be amended to “wherein the plurality of map data indicate[[s]] a relationship between a corresponding physical block address and a corresponding logical block address of each of the plurality of user data”. This is the same issue as claim 23.
Claim 37 should be amended to “reading a plurality of map data, for [[for]] managing a plurality of user [[data]] data, from a buffer memory of the memory device”. This is to clarify what (map data or user data) is from buffer memory.
Claim 37 should be amended to “generating, based on the request, input/output (I/O) stream information based on i) telemetry information corresponding to a plurality of storage devices and ii) the plurality of map data”. This is to clarify what (stream information or telemetry information) corresponds to map data.
Claim 39 should be amended to “wherein the plurality of map data indicate[[s]] a relationship between a corresponding physical block address and a corresponding logical block address of each of the plurality of user data”. This is the same issue as claim 23.
Claims, dependent upon above identified claims, are also objected on the same grounds as said above identified claims.
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 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 non-structural 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 limitations are as follows.
wherein the memory controller is further configured to control a distribution manager to:
update the storage information; and
select the target storage device based on the updated storage information (claim 26)
wherein the memory controller is further configured to control a user data manager to:
generate metadata comprising map data of the target user data of the target storage device by analyzing the plurality of map data of the buffer memory; and
manage original user data or copied user data of the target user data (claim 28)
wherein the memory controller is further configured to control a stream manager to:
generate the stream information; and
provide the redirection request to the host device or the target storage device (claim 29)
Because 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.
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 26 and 28 – 29 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.
As noted supra, claims 26 and 28 – 29 recite limitations that invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, there is no corresponding structure for distribution manager, user data manager and stream manager. The instant specification merely discloses a generic box for said distribution manager, said user data manager and said stream manager (see spec Fig. 17 and 19 – 20). Therefore, the claims are indefinite and are rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. For the purposes of examination, Examiner is interpreting the limitation to refer to memory controller implementing the claimed function.
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 26 and 28 – 29 are 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.
Regarding claims 26 and 28 – 29, as described in 112(b) supra with respect to corresponding structure in the specification, there is no corresponding structure for distribution manager, user data manager and stream manager. Therefore, the claims are also rejected under 35 U.S.C. §112(a) written description as failing to provide sufficient disclosure such that one of ordinary skill can reasonably conclude that Applicant had possession of the claimed invention.
Allowable Subject Matter
Claim 21 recites, at least, sending, to storage/host, i) request for target user data and ii) stream information wherein said stream information is based on i) storage information and ii) plurality of map data for managing user data. This subject matter is reflected in the following limitations of claim 21.
a buffer memory configured to store a plurality of map data for managing a plurality of user data
a memory controller configured to:
receive, from a host device, a request corresponding to target user data of the plurality of user data;
generate, based on the request, stream information based on the storage information and the plurality of map data; and
provide a redirection request, comprising the request and the stream information, to the host device or a target storage device of the plurality of storage devices
Mak (US 20200183587) teaches in response to (based on) a data transaction (request) from host (host device), load balancer (which is a computing system (memory device) with storage and processor (memory controller) performing functions (see Mak ¶[23])) selecting storage nodes based on criteria (storage information) such as storage load/capacity wherein i) said selected storage nodes is provided (provide) as a list (stream information) to said host or ii) said data transaction is forwarded (provide) to said selected storage nodes (see Mak ¶[21]). However, Mak does not appear to explicitly teach sending, to said host or said selected storage nodes, both said data transaction (request) and said list (stream information) of said selected storage nodes. Therefore, claim 21 is allowable over Mak.
Claim 32 recites the same allowable limitations as claim 21, and is allowable over prior art for the same reasons as claim 21. In particular, claim 32 i) replaces claim 21’s stream information with I/O stream information and ii) storage information with telemetry information.
Claim 37 recites the same allowable limitations as claim 21, and is allowable over prior art for the same reasons as claim 21. In particular, claim 37 i) replaces claim 21’s stream information with I/O stream information and ii) storage information with telemetry information.
Claims, dependent upon independent claims 1, 32 or 37, are also allowable over prior art for the same reasons as said independent claims.
Additional Remarks
Li (US 10860223) teaches selecting storage device (stream information) based on mapping table (map data) that maps logical addresses to physical addresses (see Li col 9 ln 12-28). This is relevant to claims 1, 32 and 37. Specifically Li can be combined to teach Mak’s selection of storage devices to also be based on mapping table.
In the interest of compact prosecution, in order to address 112(a)/(b) due to 112(f) interpretation, claims 26 and 28 – 29 should be amended to remove distribution manager, user data manager and stream manager. The functions in the claims should be performed by memory controller which would not invoke 112(f) interpretation.
Conclusion
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/CHIE YEW/ Primary Examiner, Art Unit 2139