Prosecution Insights
Last updated: August 17, 2026
Application No. 18/990,532

Selective Insertion of Prefetched Data and Instructions

Final Rejection §103
Filed
Dec 20, 2024
Examiner
CYGIEL, GARY W
Art Unit
2137
Tech Center
2100 — Computer Architecture & Software
Assignee
Advanced Micro Devices Inc.
OA Round
2 (Final)
76%
Grant Probability
Favorable
3-4
OA Rounds
1y 8m
Est. Remaining
86%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allowance Rate
414 granted / 542 resolved
+21.4% vs TC avg
Moderate +9% lift
Without
With
+9.2%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
13 currently pending
Career history
563
Total Applications
across all art units

Statute-Specific Performance

§101
5.5%
-34.5% vs TC avg
§103
44.0%
+4.0% vs TC avg
§102
27.6%
-12.4% vs TC avg
§112
16.7%
-23.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 542 resolved cases

Office Action

§103
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 . 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. Claims 1-6, 11-15, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Pugsley et al. (US PGPub No. 2015/0149714), hereinafter referred to as PUGSLEY. Consider Claim 1, PUGSLEY teaches a processor (PUGSLEY, e.g., Fig 5; ¶0044, processor), comprising: prefetching circuitry associated with a cache level of a hierarchy of one or more cache levels (PUGSLEY, e.g., Fig 1(105,155, 165);¶0018,0022-0023, prefetch logic of plural cache levels.), the prefetching circuitry configured to: determine a memory level from which data associated with a prefetch request is retrieved (PUGSLEY, e.g., Fig 2, describes determining if requested data is in a current memory level or a different memory level.); and store the data associated with the prefetch request in a level two cache in response to the memory level being a lower level cache in the hierarchy of one or more cache levels or system memory (PUGSLEY, e.g., Fig 2(250-260), if data is in higher level memory, promote to lower level memory; ¶0026, prefetching may occur at L2/L3 boundary; ¶0032, higher level cache is further from processor core. In other words, if the data is in L3 it is then stored in L2.). PUGSLEY fails to expressly describe moving data to a level two cache when the requested data is lower than a level three cache in the hierarchy. However, PUGSLEY describes plural prefetch operations. PUGSLEY describes that conventional prefetch requests can prefetch requested data from a system memory (PUGSLEY, e.g., ¶0038, conventional prefetch requests may be forwarded to system memory to obtain the requested data.). In other words, PUGSLEY describes moving data from a system memory to a non-adjacent level in the caching hierarchy. Therefore, it would have been obvious to a person of ordinary skill in the art, prior to the effective filing date of the claimed invention, to modify the processor of PUGSLEY such that requested data is moved from the system memory directly to where it is needed (i.e., a L2 cache) because it avoids unnecessary data migrations when confidence is high. Consider Claim 2, The modified processor of PUGSLEY further teaches wherein the prefetching circuitry is further configured to transfer the data from the level two cache to a level one cache in response to the processor requesting the data associated with the prefetch request (PUGSLEY, e.g., Fig 2(250-260), if data is in higher level memory, promote to lower level memory; ¶0026, prefetching may occur at L1/L2 boundary; ¶0032, higher level cache is further from processor core. In other words, if the data is in L2 it is then stored in L1; Fig 1(100), prefetch circuitry is part of processor core (i.e., it is a processor request).). Consider Claim 3, The modified processor of PUGSLEY further teaches wherein the prefetching circuitry is further configured to store other data associated with a subsequent prefetch request in a level one cache or the level two cache in response to the memory level from which the other data is retrieved being the level two cache or the level three cache, respectively, wherein the level one cache and the level two cache being higher levels in the hierarchy (PUGSLEY, e.g., Fig 2(250-260), if other data is in higher level memory, promote to lower level memory; ¶0026, prefetching may occur at L1/L2 boundary; ¶0032, higher level cache is further from processor core. In other words, if the other data is in L2 it is then stored in L1.). Consider Claim 4, The modified processor of PUGSLEY teaches the processor of claim 1, above, and further teaches wherein the prefetching circuitry is further configured to store other data associated with a subsequent prefetch request in a closer cache in response to the memory level from which the other data is retrieved being a level one cache or the level two cache (PUGSLEY, e.g., Fig 2(250-260), if other data is in higher level memory, promote to lower level memory; ¶0026, prefetching may occur at L1/L2 boundary; ¶0032, higher level cache is further from processor core. In other words, if the other data is in L2 it is then stored in L1.). PUGSLEY fails to explicitly describe wherein the closer cache is a micro-op cache. However, PUGSLEY does describe an instruction cache and a trace cache with prefetch logic to generate prefetch requests (PUGSLEY, e.g., ¶0017-0018). PUGSLEY further describes the mechanism for moving data from a first cache to a cache closer to the processor (PUGSLEY, e.g., Figs 2 and 3). It would have been obvious to a person of ordinary skill in the art, prior to the effective filing date of the claimed invention, to modify the processor of PUGSLEY such that data is moved to a micro-op cache because moving the instruction elements into a dedicated cache closer to the processing elements can reduce access latencies and improve cache hit rates (PUGSLEY, e.g., ¶0001). Consider Claim 5, The modified processor of PUGSLEY further teaches wherein the data associated with the prefetch request is one or more instructions for execution by the processor (PUGSLEY, e.g., ¶0017, discloses an instruction cache including prefetch logic. An instruction cache prefetch is for one or more instructions.). Consider Claim 6, The modified processor of PUGSLEY further teaches wherein the data associated with the prefetch request is one or more constants or variables for the processor to perform operations on (PUGSLEY, e.g., ¶0057, data cache stores recently used elements/operands.). Consider Claim 11, PUGSLEY teaches a system comprising: a processor (PUGSLEY, e.g., Fig 5; ¶0044, processor) including a cache system with one or more cache levels that include prefetching circuitry (PUGSLEY, e.g., Fig 1(105,155, 165);¶0018,0022-0023, prefetch logic of plural cache levels.), the processor configured to execute one or more workloads; and the prefetching circuitry configured to: prefetch data associated with a prefetch request into a level two cache of the one or more cache levels in response to the data being retrieved from a lower cache level than the level two cache or system memory (PUGSLEY, e.g., Fig 2(250-260), if data is in higher level memory, promote to lower level memory; ¶0026, prefetching may occur at L2/L3 boundary; ¶0032, higher level cache is further from processor core. In other words, if the data is in L3 it is then stored in L2.); and upon the processor referencing the data for execution of the one or more workloads, transfer the data associated with the prefetch request into a level one cache of the one or more cache levels (PUGSLEY, e.g., Fig 2(250-260), if data is in higher level memory, promote to lower level memory; ¶0026, prefetching may occur at L1/L2 boundary; ¶0032, higher level cache is further from processor core. In other words, if the data is in L2 it is then stored in L1; Fig 1(100), prefetch circuitry is part of processor core (i.e., it is a processor reference).). PUGSLEY fails to expressly describe moving data to a level two cache when the requested data is lower than a level three cache in the hierarchy. However, PUGSLEY describes plural prefetch operations. PUGSLEY describes that conventional prefetch requests can prefetch requested data from a system memory (PUGSLEY, e.g., ¶0038, conventional prefetch requests may be forwarded to system memory to obtain the requested data.). In other words, PUGSLEY describes moving data from a system memory to a non-adjacent level in the caching hierarchy. Therefore, it would have been obvious to a person of ordinary skill in the art, prior to the effective filing date of the claimed invention, to modify the system of PUGSLEY such that requested data is moved from the system memory directly to where it is needed (i.e., a L2 cache) because it avoids unnecessary data migrations when confidence is high . Consider Claim 12, The modified system of PUGSLEY further teaches wherein the prefetching circuitry is further configured to store other data associated with a subsequent prefetch request in the level one cache or the level two cache in response to the other data being retrieved from the level two cache or the level three cache, respectively (PUGSLEY, e.g., Fig 2(250-260), if other data is in higher level memory, promote to lower level memory; ¶0026, prefetching may occur at L1/L2 boundary; ¶0032, higher level cache is further from processor core. In other words, if the other data is in L2 it is then stored in L1.). Consider Claim 13, The modified system of PUGSLEY teaches the system of claim 11, above, and further teaches wherein the prefetching circuitry is further configured to store other data associated with a subsequent prefetch request in a closer cache in response to the other data being retrieved from the level two cache (PUGSLEY, e.g., Fig 2(250-260), if other data is in higher level memory, promote to lower level memory; ¶0026, prefetching may occur at L1/L2 boundary; ¶0032, higher level cache is further from processor core. In other words, if the other data is in L2 it is then stored in L1.). PUGSLEY fails to explicitly describe wherein the closer cache is a micro-op cache. However, PUGSLEY does describe an instruction cache and a trace cache with prefetch logic to generate prefetch requests (PUGSLEY, e.g., ¶0017-0018). PUGSLEY further describes the mechanism for moving data from a first cache to a cache closer to the processor (PUGSLEY, e.g., Figs 2 and 3). It would have been obvious to a person of ordinary skill in the art, prior to the effective filing date of the claimed invention, to modify the system of PUGSLEY such that data is moved to a micro-op cache because moving the instruction elements into a dedicated cache closer to the processing elements can reduce access latencies and improve cache hit rates (PUGSLEY, e.g., ¶0001). Consider Claim 14, The modified system of PUGSLEY further teaches wherein the data associated with the prefetch request is one or more instructions for execution by the processor (PUGSLEY, e.g., ¶0017, discloses an instruction cache including prefetch logic. An instruction cache prefetch is for one or more instructions.). Consider Claim 15, The modified system of PUGSLEY further teaches wherein the data associated with the prefetch request is one or more constants or variables for the processor to perform operations on (PUGSLEY, e.g., ¶0057, data cache stores recently used elements/operands.). Consider Claim 20, PUGSLEY teaches a method comprising: determining a memory level from which data associated with a prefetch request is retrieved (PUGSLEY, e.g., Fig 1, describes determining if requested data is in a current memory level or a different memory level.); and storing the data associated with the prefetch request in a level two cache in response to the memory level being a level three cache of a hierarchy of one or more cache levels or system memory (PUGSLEY, e.g., Fig 2(250-260), if data is in higher level memory, promote to lower level memory; ¶0026, prefetching may occur at L2/L3 boundary; ¶0032, higher level cache is further from processor core. In other words, if the data is in L3 it is then stored in L2.). PUGSLEY fails to expressly describe moving data to a level two cache when the memory level is lower than a level three cache in the hierarchy. However, PUGSLEY describes plural prefetch operations. PUGSLEY describes that conventional prefetch requests can prefetch requested data from a system memory (PUGSLEY, e.g., ¶0038, conventional prefetch requests may be forwarded to system memory to obtain the requested data.). In other words, PUGSLEY describes moving data from a system memory to a non-adjacent level in the caching hierarchy. Therefore, it would have been obvious to a person of ordinary skill in the art, prior to the effective filing date of the claimed invention, to modify the method of PUGSLEY such that requested data is moved from the system memory directly to where it is needed (i.e., a L2 cache) because it avoids unnecessary data migrations when confidence is high . Allowable Subject Matter Claims 7-10 and 16-19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Response to Arguments Applicant’s arguments with respect to the instant claims have been considered but are moot in view of the new grounds for rejection necessitated by the applicant’s amendment. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Gary W Cygiel whose telephone number is (571)270-1170. The examiner can normally be reached Monday - Thursday 11am-3pm PST. 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, Arpan P Savla can be reached at (571) 272-1077. 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. /Gary W. Cygiel/Primary Examiner, Art Unit 2137
Read full office action

Prosecution Timeline

Dec 20, 2024
Application Filed
Jan 09, 2026
Non-Final Rejection mailed — §103
Jan 28, 2026
Interview Requested
Feb 11, 2026
Applicant Interview (Telephonic)
Feb 13, 2026
Examiner Interview Summary
Feb 18, 2026
Response Filed
Jul 28, 2026
Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12705177
PROVIDING LOCATION-BASED PREFETCHING IN PROCESSOR-BASED DEVICES
3y 8m to grant Granted Aug 11, 2026
Patent 12693784
STORAGE DEVICE, COMPUTING SYSTEM AND PROXIMITY DATA PROCESSING MODULE WITH IMPROVED EFFICIENCY OF MEMORY BANDWIDTH
3y 4m to grant Granted Jul 28, 2026
Patent 12681638
HARDWARE ACCESSIBLE MEMORY FABRIC
2y 9m to grant Granted Jul 14, 2026
Patent 12675400
WEAR LEVELING METHOD, SOLID-STATE DRIVE AND STORAGE MEDIUM
1y 6m to grant Granted Jul 07, 2026
Patent 12656966
COORDINATED ALLOCATION OF EXTERNAL MEMORY
4y 0m to grant Granted Jun 16, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

3-4
Expected OA Rounds
76%
Grant Probability
86%
With Interview (+9.2%)
3y 4m (~1y 8m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 542 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month