Prosecution Insights
Last updated: July 17, 2026
Application No. 18/967,635

AUTOMATICALLY TRANSITIONING FROM NON-OPERATIONAL POWER STATE TO OPERATIONAL POWER STATE BASED ON HISTORICAL DATA

Non-Final OA §101§102§103
Filed
Dec 03, 2024
Examiner
RAHMAN, FAHMIDA
Art Unit
2175
Tech Center
2100 — Computer Architecture & Software
Assignee
International Business Machines Corporation
OA Round
1 (Non-Final)
82%
Grant Probability
Favorable
1-2
OA Rounds
1y 6m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allowance Rate
469 granted / 569 resolved
+27.4% vs TC avg
Strong +51% interview lift
Without
With
+51.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
12 currently pending
Career history
594
Total Applications
across all art units

Statute-Specific Performance

§101
2.5%
-37.5% vs TC avg
§103
83.7%
+43.7% vs TC avg
§102
5.5%
-34.5% vs TC avg
§112
5.6%
-34.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 569 resolved cases

Office Action

§101 §102 §103
CTNF 18/967,635 CTNF 81061 Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. This is in response to communications filed on 12/3/24. Claims 1-20 are pending. Claim Rejections - 35 USC § 101 07-04-01 AIA 07-04 35 U.S.C. 101 reads as follows: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title. Claims 9-13 and 15-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter. For claim 9-13, the claim recites a system including a storage device and a host system. It is not clear whether the host system is limited to machine and/or device is limited to the non-transitory embodiments . The host system may include only software components. There is no requirement that host system is executing the steps; only requirement that the host system is configured to perform the steps. For storage device, specification mentions storage device as hardware that stores or retrieves data ([0002]) but does not mention whether device excludes signal. Therefore, the embodiment is not limited to the non-transitory embodiments. The host system may be amended to recite to include a processor circuitry to execute the steps to overcome 35 USC 101. Claims 15-20 recites "a computer program product comprising: one or more computer-readable storage media" in lines 1-2. It is not clear whether the media is limited to the non-transitory embodiments. Specification mentions a computer program product and computer-readable storage media ([0005]); however, specification does not mention whether "computer readable storage medium" excludes signal. Therefore, the embodiment is not limited to the non-transitory embodiments. Applicant may amend the claim to recite "a non-transitory computer readable storage media" to overcome 35 USC 101. Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – 07-12-aia AIA (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. 07-15-03-aia AIA Claim(s) 1, 2, 5, 8, 9, 11, 15, 16 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Eliash et al (US Patent Application Publication 20250224793 – priority date is 1/8/24) . For claim 1, Eliash et al teach the following limitations: A method, comprising: determining a power state schedule (Fig 2 205 shows the power state schedule; the schedule is determined by the 113; [0031]-[0032]) of a storage device (Fig 1 shows the memory subsystem 110; 110 is the storage device) , wherein the power state schedule identifies a schedule of the storage device executing operational power state commands (Fig 2; [0032] – tracking commands to determine the usage patterns; memory commands can be read, write, erase; memory operations require higher power mode – [0013]; Fig 2 shows the schedule executing commands) ; determining, based on the power state schedule (Fig 2 determines the schedule and usage patterns of the memory; [0014]) , a period of time for the storage device ([0044] – a period of time of non-use - between 8 pm to 8 AM as shown in Fig 2 and mentioned in [0044]) to transition from a non-operational power state to an operational power state ([0044] – the memory device is in power off mode during the non use period; [0038] – 113 determines to power up based on the usage pattern that peak time 220 is beginning; thus the period is to be in non-operational power state; thus 113 generates the peak time and non peak time as shown in Fig 2; non peak time is the period for the storage device to transition from a non operational state to operational power state before beginning of the peak time) ; generating transition configuration information that configures the storage device to transition from the non-operational power state to the operational power state ([0038] – 113 determines to power up based on when memory usage pattern indicating peak time is beginning; the transition time is configured based on usage pattern; [0040]) after the storage device has been in the non-operational power state for the period of time ([0044] – 113 selects low power mode during times when no activity is expected – power off mode between 8 pm and 8 am; thus 8 AM is the transition configuration time to transition from non-operational power state to operational power state) ; and providing, to the storage device, the transition configuration information to configure the storage device to transition from the non-operational power state to the operational power state ([0030]-[0031] mention that 113 monitor the usage patterns and selects a power mode using memory usage patterns; the transition configuration information is the peak times / no activity time when power mode is changed as mentioned in [0038] [0042] [0043] [0046]) prior to the storage device receiving a subsequent operational power state command (power up is performed during beginning of peak time [0038], [0042] – selects a power mode such that memory sub system is active and awaiting memory commands from host system 120; thus the memory system is active prior to receiving the subsequent command) , wherein the transition configuration information cause the storage device to transition to the operational power state after the storage device has been in the non-operational power state for the period of time ([0044] – power off mode between 8 pm to 8 AM during no activity; [0038] – power up when peak time is beginning; [0042] activated memory sub system is waiting for commands from host system). For claim 2, Eliash et al teach wherein the operational power state commands include input/output (IO) commands, and wherein the subsequent operational power state command includes an IO command ([0032] – read/write is the I/O commands; [0042] subsequent commands are memory commands). For claim 5, Eliash et al teach further comprising: configuring the storage device to store historical transition data ([0039] – 119 stores pattern), wherein determining the power state schedule includes: obtaining the historical transition data from the storage device, and determining the power state schedule based on the historical transition data ([0032] stored in a queue in memory subsystem, then stores in a local memory, then generate and store the usage pattern). For claim 8, Eliash et al teach further comprising: wherein the transition configuration information indicates the period of time as beginning after the storage device receiving the transition information or as beginning after the storage device transitions to the non-operational power state ([0044] – period of time is 8PM to 8 AM – after the storage device receives the information to select power off). For claim 9, Eliash et al teach the following limitations: A system, comprising: a storage device ( Fig 1 shows the memory subsystem 110; 110 is the storage device) ; and a host system (controller 113 in Fig 1; [0030]) to: determine a power state schedule (Fig 2 205 shows the power state schedule; the schedule is determined by the 113; [0031]-[0032]) of a storage device (Fig 1 shows the memory subsystem 110; 110 is the storage device) , wherein the power state schedule identifies a schedule of the storage device executing operational power state commands (Fig 2; [0032] – tracking commands to determine the usage patterns; memory commands can be read, write, erase; memory operations require higher power mode – [0013]; Fig 2 shows the schedule executing commands) ; determine, based on the power state schedule (Fig 2 determines the schedule and usage patterns of the memory; [0014]) , a period of time for the storage device ([0044] – a period of time of non-use - between 8 pm to 8 AM as shown in Fig 2 and mentioned in [0044]) to transition from a non-operational power state to an operational power state ([0044] – the memory device is in power off mode during the non use period; [0038] – 113 determines to power up based on the usage pattern that peak time 220 is beginning; thus the period is to be in non-operational power state; thus 113 generates the peak time and non peak time as shown in Fig 2; non peak time is the period for the storage device to transition from a non operational state to operational power state before beginning of the peak time) ; generate transition configuration information that configures the storage device to transition from the non-operational power state to the operational power state ([0038] – 113 determines to power up based on when memory usage pattern indicating peak time is beginning; the transition time is configured based on usage pattern; [0040]) after the storage device has been in the non-operational power state for the period of time ([0044] – 113 selects low power mode during times when no activity is expected – power off mode between 8 pm and 8 am; thus 8 AM is the transition configuration time to transition from non-operational power state to operational power state) ; and provide, to the storage device, the transition configuration information to configure the storage device to transition from the non-operational power state to the operational power state ([0030]-[0031] mention that 113 monitor the usage patterns and selects a power mode using memory usage patterns; the transition configuration information is the peak times / no activity time when power mode is changed as mentioned in [0038] [0042] [0043] [0046]) prior to the storage device receiving a subsequent operational power state command (power up is performed during beginning of peak time [0038], [0042] – selects a power mode such that memory sub system is active and awaiting memory commands from host system 120; thus the memory system is active prior to receiving the subsequent command) , wherein the transition configuration information cause the storage device to transition to the operational power state after the storage device has been in the non-operational power state for the period of time ([0044] – power off mode between 8 pm to 8 AM during no activity; [0038] – power up when peak time is beginning; [0042] activated memory sub system is waiting for commands from host system). For claim 11, Eliash et al teach further comprising: configuring the storage device to store historical transition data ([0039] – 119 stores pattern), wherein determining the power state schedule includes: obtaining the historical transition data from the storage device, and determining the power state schedule based on the historical transition data ([0032]. For claim 15, Eliash et al teach the following limitations: A computer program product comprising: one or more computer-readable storage media; and program instructions stored on the one or more computer readable storage media to perform ([0064]-[0066] Fig 5) comprising: determining a power state schedule (Fig 2 205 shows the power state schedule; the schedule is determined by the 113; [0031]-[0032]) of a storage device (Fig 1 shows the memory subsystem 110; 110 is the storage device) , wherein the power state schedule identifies a schedule of the storage device executing operational power state commands (Fig 2; [0032] – tracking commands to determine the usage patterns; memory commands can be read, write, erase; memory operations require higher power mode – [0013]; Fig 2 shows the schedule executing commands) ; determining, based on the power state schedule (Fig 2 determines the schedule and usage patterns of the memory; [0014]) , a period of time for the storage device ([0044] – a period of time of non-use - between 8 pm to 8 AM as shown in Fig 2 and mentioned in [0044]) to transition from a non-operational power state to an operational power state ([0044] – the memory device is in power off mode during the non use period; [0038] – 113 determines to power up based on the usage pattern that peak time 220 is beginning; thus the period is to be in non-operational power state; thus 113 generates the peak time and non peak time as shown in Fig 2; non peak time is the period for the storage device to transition from a non operational state to operational power state before beginning of the peak time) ; generating transition configuration information that configures the storage device to transition from the non-operational power state to the operational power state ([0038] – 113 determines to power up based on when memory usage pattern indicating peak time is beginning; the transition time is configured based on usage pattern; [0040]) after the storage device has been in the non-operational power state for the period of time ([0044] – 113 selects low power mode during times when no activity is expected – power off mode between 8 pm and 8 am; thus 8 AM is the transition configuration time to transition from non-operational power state to operational power state) ; and providing, to the storage device, the transition configuration information to configure the storage device to transition from the non-operational power state to the operational power state ([0030]-[0031] mention that 113 monitor the usage patterns and selects a power mode using memory usage patterns; the transition configuration information is the peak times / no activity time when power mode is changed as mentioned in [0038] [0042] [0043] [0046]) prior to the storage device receiving a subsequent operational power state command (power up is performed during beginning of peak time [0038], [0042] – selects a power mode such that memory sub system is active and awaiting memory commands from host system 120; thus the memory system is active prior to receiving the subsequent command) , wherein the transition configuration information cause the storage device to transition to the operational power state after the storage device has been in the non-operational power state for the period of time ([0044] – power off mode between 8 pm to 8 AM during no activity; [0038] – power up when peak time is beginning; [0042] activated memory sub system is waiting for commands from host system). For claim 16, Eliash et al teach further comprising: configuring the storage device to store historical transition data ([0039] – 119 stores pattern), wherein determining the power state schedule includes: obtaining the historical transition data from the storage device, and determining the power state schedule based on the historical transition data ([0032] . Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-21-aia AIA Claim (s) 3, 4, 6, 10, 12, 14, 17-18, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Eliash et al (US Patent Application Publication 20250224793 – priority date is 1/8/24) further in view of Xiong et al (US Patent Application Publication 2023/0350482) For claims 3, 14 and 20, Eliash et al mention that the storage device is a nonvolatile memory SSD ([0046] – SSD memory) but does not mention NVMe storage device as the memory device. Xiong mention that the memory device is the NVMe and wherein the NVMe storage device supports an autonomous power states transition (APST) feature ([0014][0040][0049]). It would have been obvious for one ordinary skill in the art before the effective filing date of the invention to provide the NVMe memory device with APST feature, since the technique described in Eliash would provide power savings benefits for NVMe memory device. For claims 4, 10, 18, Xiong mentions determining whether the NVMe storage device supports the APST feature; and determining the power state schedule based on determining whether the NVMe storage device supports the APST feature ([0014][0040][0049] – the active idle mode is specified by NVMe standard – this requires determination of whether NVMe supports APST and determining power state schedule based on the APST feature of NVMe). It would have been obvious for one ordinary skill in the art before the effective filing date of the invention to provide the NVMe memory device with APST feature, since the technique described in Eliash would provide power savings benefits for NVMe memory device. Since the NVMe power feature is used, the power state transitioning can be based on NVMe power state feature so that the power savings can be optimized. For claims 6, 12 and 17, Eliash et al teach commands that caused the storage device to transition from the non-operational power state to the operational power state, and times for receiving program commands ([0032] [0033] [0034] mentions that the commands are tracked and Fig 2 shows the memory commands tracked by the 113; these commands cause transition during the timestamps). The Fig 2 graph shows peak time where the memory is kept operational and non-peak time where memory is non-operational (times when non-operational, period of time being non-operational and times of transition). For further clarification Examiner cites Xiong that teaches the historical transition data identifies times when the storage device is in the non-operational power state, a period of time during which the storage device remains in the non-operational power state, times when the storage device transitions from the non-operational power state to the operational power state (records include power state change requests including memory device transitioning from operation/non-operational state to non-operation/operational state and the corresponding period ([0033]-[0035][0043][0045][0052])). It would have been obvious for one ordinary skill in the art before the effective filing date of the invention to keep record of the information of times when storage device is in non-operational power state, period of time during which storage device is in non-operational state, times of transition, and commands, since the complete record of command and power transition provide more information to generate more accurate peak time/non use time information for the storage device. That way, the power transition would be more effective to save power . 07-21-aia AIA Claim (s) 7, 13 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Eliash et al (US Patent Application Publication 20250224793 – priority date is 1/8/24) further in view of Henkhaus et al (US Patent 6654895) . For claims 7, 13 and 19, Eliash teaches period of time ([0044]) and time stamps ([0032]), but does not explicitly mention any field. The programming of period of time in unit of time is known in the art (lines 7-17 of col 5; Henkhous; software configures a real time clock to trigger a wake event; this requires software to program a period of time with identification of the period of time with unit of time). It would have been obvious for one ordinary skill in the art before the effective filing date of the invention to provide the period information with numerical value and unit of time, since this is the most effective way of programming a timer to provide the wakeup trigger. Conclusion PTO-892 mentions additional reference Locker et al that is not relied upon for rejection, but provides teaching of predictive and proactive power state transition based on historical pattern ([0003]-[0005]). Any inquiry concerning this communication or earlier communications from the examiner should be directed to FAHMIDA RAHMAN whose telephone number is (571)272-8159. The examiner can normally be reached Monday - Friday 10 AM - 7 PM. 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, Andrew Jung can be reached at 571-270-3779. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /FAHMIDA RAHMAN/Primary Examiner, Art Unit 2175 Application/Control Number: 18/967,635 Page 2 Art Unit: 2175 Application/Control Number: 18/967,635 Page 3 Art Unit: 2175 Application/Control Number: 18/967,635 Page 4 Art Unit: 2175 Application/Control Number: 18/967,635 Page 5 Art Unit: 2175 Application/Control Number: 18/967,635 Page 6 Art Unit: 2175 Application/Control Number: 18/967,635 Page 7 Art Unit: 2175 Application/Control Number: 18/967,635 Page 8 Art Unit: 2175 Application/Control Number: 18/967,635 Page 9 Art Unit: 2175 Application/Control Number: 18/967,635 Page 10 Art Unit: 2175 Application/Control Number: 18/967,635 Page 11 Art Unit: 2175 Application/Control Number: 18/967,635 Page 12 Art Unit: 2175 Application/Control Number: 18/967,635 Page 13 Art Unit: 2175 Application/Control Number: 18/967,635 Page 14 Art Unit: 2175
Read full office action

Prosecution Timeline

Dec 03, 2024
Application Filed
Jun 03, 2026
Non-Final Rejection mailed — §101, §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
82%
Grant Probability
99%
With Interview (+51.4%)
3y 1m (~1y 6m remaining)
Median Time to Grant
Low
PTA Risk
Based on 569 resolved cases by this examiner. Grant probability derived from career allowance rate.

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