DETAILED ACTION
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 .
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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) 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 www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No. 12175101. Although the claims at issue are not identical, they are not patentably distinct from each other because all of the claimed limitations in claims 1-19 of the instant application are present in claims 1-19 of U.S. Patent No. 12175101 with a one-on-one correspondence.
Claim Rejections - 35 USC § 101
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 1-19 are rejected under 35 U.S.C. 101 because they are directed to an abstract idea without significantly more.
Claim 1 recites "predict, based on the first operating information, a time-to-ready (TTR) value that indicates an amount of time the data storage device will be at an operational state following a power loss recovery of the data storage device". The BRI of this limitation encompasses mental processes, wherein a human could predict a time mentally. Furthermore, the Instant Specification [0047] describes this prediction as being performed using a mathematical equation. Accordingly, the limitation falls under mental process as well as mathematical calculations. Accordingly, the claim recites an abstract idea.
The additional elements, namely a memory, a controller coupled to the memory and configured to at least: obtain first operating information for a data storage device, the first operating information associated with a first time interval during operation of the data storage device do not integrate the invention into a practical application. The memory and the controller are generic computing components. The obtaining first information amounts to no more than insignificant extra-solution activity in the form of data gathering.
The additional elements, namely a memory, a controller coupled to the memory and configured to at least: obtain first operating information for a data storage device, the first operating information associated with a first time interval during operation of the data storage device do not amount to significantly more than the abstract idea. The memory and the controller are generic computing components. The obtaining first information amounts to no more than insignificant extra-solution activity in the form of data gathering, which is well-understood, routine and conventional as per MPEP 2106.05(d)(ii) - sending and receiving data over a network.
Accordingly, the claim is directed to an abstract idea without significantly more.
Claims 2-6 are rejected as having the same deficiencies as their parent claim.
Claim 7 is similarly rejected as Claim 1 wherein the abstract idea if recited as a predicting step.
Claims 8-11 are rejected as having the same deficiencies as their parent claim.
Claim 12 is similarly rejected as Claim 1 wherein the abstract idea if recited as a determining step.
Claims 13-15 are rejected as having the same deficiencies as their parent claim.
Claim 16 is similarly rejected as Claim 1 wherein the abstract idea if recited as a determining step.
Claims 17-19 are rejected as having the same deficiencies as their parent claim.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Watt [US 2021/0081284]; Incrementally Updating Recovery Map Data for a Memory System. See Par. 0024.
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/MIDYS ROJAS/Primary Examiner, Art Unit 2133