Non-Final Office 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.
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Claims 21-40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-13, 17, 19, and 20 of U.S. Patent No. 12,216,560 B2 (hereinafter ‘560). Although the claims at issue are not identical, they are not patentably distinct from each other because claim(s) 1-13, 17, 19, and 20 of U.S. Patent No. 12,216,560 B2 contain(s) every element of claim(s) 21-40 of the instant application and as such anticipate(s) claim(s) 21-40 of the instant application.
Referring to claim 21:
Claims 1 and 17 of ‘560 disclose a storage device comprising: a storage controller configured to communicate with a processor of a host device through an in-band communication; and a micro controller unit (MCU) configured to communicate with a baseboard management controller (BMC) of the host device through an out-of-band communication different from the in-band communication.
Claims 1 and 17 of ‘560 disclose wherein the MCU is further configured to: receive a request comprising information corresponding to environment data from the BMC through the out-of-band communication (MCU provides a response to the BMC in response to a request, i.e. the MCU receives a request); and provide a response corresponding to the request to the BMC through the out-of-band communication.
Claim 1 of ‘560 discloses a method of operating an electronic device and the method steps are performed by the components of the electronic device.
Claims 22-29 are anticipated by claims 2-9 of ‘560 respectively.
Claim 30 is anticipated by clam 12 of ‘560.
Claim 31 is anticipated by claims 9-11 and 20 of ‘560.
Claim 32 is anticipated by clams 13 and 19 of ‘560.
Referring to claim 33:
Claims 1 and 17 of ‘560 disclose host device comprising: a processor configured to communicate with a storage controller of a storage device through an in-band communication; and a baseboard management controller (BMC) configured to communicate with a micro controller unit (MCU) of the storage device through an out-of-band communication different from the in-band communication.
Claims 1 and 17 of ‘560 disclose wherein the BMC is further configured to: provide a request comprising information corresponding to environment data to the MCU through the out-of-band communication; and receive a response corresponding to the request from the MCU through the out-of-band communication (a response to the request is sent to the BMC, i.e. the BMC receives a response).
Claim 1 of ‘560 discloses a method of operating an electronic device and the method steps are performed by the components of the electronic device.
Claims 34-36 are anticipated by claims 2-4 respectively.
Claim 37 is anticipated by claims 9-11 and 20 of ‘560.
Claim 38 is anticipated by claims 13 and 19 of ‘560.
Referring to claim 39:
Claims 1 and 17 of ‘560 disclose an electronic device comprising: a host device comprising: a processor supporting a first communication (in-band communication); and a baseboard management controller (BMC) supporting a second communication different from the first communication (out-of-band communication).
Claims 1 and 17 of ‘560 disclose a storage device comprising: a storage controller supporting the first communication (in-band communication); and a micro controller unit (MCU) supporting the second communication (out-of-band communication), wherein the BMC is configured to provide a request comprising information corresponding to environment data to the MCU through the second communication (out-of-band communication), wherein the MCU is configured to provide a response corresponding to the request to the BMC through the second communication (out-of-band communication).
Claim 1 of ‘560 discloses a method of operating an electronic device and the method steps are performed by the components of the electronic device.
Referring to claim 40, claims 1 and 17 of ‘560 disclose wherein the first communication is an in-band communication, and wherein the second communication is an out-of-band communication.
“A later patent claim is not patentably distinct from an earlier patent claim if the later claim is obvious over, or anticipated by, the earlier claim. In re Longi, 759 F.2d at 896, 225 USPQ at 651 (affirming a holding of obviousness-type double patenting because the claims at issue were obvious over claims in four prior art patents); In re Berg, 140 F.3d at 1437, 46 USPQ2d at 1233 (Fed. Cir. 1998) (affirming a holding of obviousness-type double patenting where a patent application claim to a genus is anticipated by a patent claim to a species within that genus). “ ELI LILLY AND COMPANY v BARR LABORATORIES, INC., United States Court of Appeals for the Federal Circuit, ON PETITION FOR REHEARING EN BANC (DECIDED: May 30, 2001).
Claim Rejections - 35 USC § 102
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 –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 21-24, 33-36, 39, and 40 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kachare et al., US 2018/0292992 A1 (on IDS).
Referring to claim 21:
In para. 0038 and 0041 Kachare et al. disclose a storage device comprising: a storage controller configured to communicate with a processor of a host device through an in-band communication (para. 0038: Ethernet is used to communicate with storage devices over a data plane).
In Figure 5 and para. 0038-0039, 0086, 0090 and 0101, Kachare et al. disclose a micro controller unit (MCU) (para. 0086 and 0090: information determination logic and sharing logic) configured to communicate with a baseboard management controller (BMC) of the host device through an out-of-band communication different from the in-band communication (para. 0038: PCIe and control plane, para. 0039: different than data plane).
In para. 0039 and 0085-0086, Kachare et al. disclose wherein the MCU is further configured to: receive a request comprising information corresponding to environment data from the BMC through the out-of-band communication; and provide a response corresponding to the request to the BMC through the out-of-band communication.
Referring to claim 22:
In para. 0041, Kachare et al. disclose a non-volatile memory device configured to store user data.
In para. 0057, 0064, and 0088, Kachare et al. disclose a sensor device configured to generate sensor data based on a sensing operation of the non-volatile memory device.
In para. 0047-0053, Kachare et al. disclose wherein the storage controller is further configured to generate telemetry data based on a status monitoring operation of the non-volatile memory device.
In para. 0043, 0046, and 0090-0091, Kachare et al. disclose wherein log data comprises at least one of previous sensor data and previous telemetry data (para. 0046: data that is tracked by an SSD), and wherein the environment data comprises one of the sensor data, the telemetry data, or the log data.
Referring to claims 23 and 35, in para. 0062, Kachare et al. disclose wherein the sensor data comprise at least one of voltage sensor data, current sensor data, temperature sensor data, or humidity sensor data.
Referring to claims 24 and 36, in para. 0049-0052, Kachare et al. disclose wherein the telemetry data comprise at least one of program/erase (P/E) cycle information (para. 0049, 0050), program count information (para. 0049), erase count information (para. 0050), read count information (para. 0051), error bit count information (para. 0052), or threshold voltage distribution information.
Referring to claim 33:
In para. 0037, 0038, and 0041 Kachare et al. disclose a host device comprising: a processor (para. 0037: computer machine) configured to communicate with a storage controller of a storage device through an in-band communication (para. 0038: Ethernet is used to communicate with storage devices over a data plane).
In Figure 5 and para. 0038-0039, 0086, 0090 and 0101, Kachare et al. disclose a baseboard management controller (BMC) configured to communicate with a micro controller unit (MCU) (para. 0086 and 0090: information determination logic and sharing logic) of the storage device through an out-of-band communication different from the in-band communication (para. 0038: PCIe and control plane, para. 0039: different than data plane).
In para. 0039 and 0085-0086, Kachare et al. disclose wherein the BMC is further configured to: provide a request comprising information corresponding to environment data to the MCU through the out-of-band communication; and receive a response corresponding to the request from the MCU through the out-of-band communication.
Referring to claim 34:
In para. 0043, 0046, and 0090-0091, Kachare et al. disclose wherein the environment data comprises one of sensor data, telemetry data, or log data.
In para. 0057, 0064, and 0088, Kachare et al. disclose wherein the sensor data is generated by a sensor device of the storage device based on a sensing operation of a non-volatile memory device of the storage device.
In para. 0047-0053, Kachare et al. disclose wherein the log data is generated by the storage controller based on a status monitoring operation of the non-volatile memory device.
In para. 0043, 0046, and 0090-0091, Kachare et al. disclose wherein log data comprises at least one of previous sensor data and previous telemetry data (para. 0046: data that is tracked by an SSD).
Referring to claim 39:
In para. 0037, 0038, and 0041 Kachare et al. disclose an electronic device comprising: a host device comprising: a processor (para. 0037: computer machine) supporting a first communication (para. 0038: Ethernet is used to communicate with storage devices over a data plane).
In Figure 5 and para. 0038-0039, 0086, 0090 and 0101, Kachare et al. disclose a baseboard management controller (BMC) supporting a second communication different from the first communication (para. 0038: PCIe and control plane, para. 0039: different than data plane).
In para. 0038 and 0041 Kachare et al. disclose a storage device comprising: a storage controller supporting the first communication (para. 0038: Ethernet is used to communicate with storage devices over a data plane).
In Figure 5 and para. 0038-0039, 0086, 0090 and 0101, Kachare et al. disclose a micro controller unit (MCU) (para. 0086 and 0090: information determination logic and sharing logic) supporting the second communication (para. 0038: PCIe and control plane).
In para. 0039 and 0085-0086, Kachare et al. disclose wherein the BMC is configured to provide a request comprising information corresponding to environment data to the MCU through the second communication (para. 0038: PCIe and control plane), wherein the MCU is configured to provide a response corresponding to the request to the BMC through the second communication (para. 0038: PCIe and control plane).
Referring to claim 40, in para. 0038, Kachare et al. disclose wherein the first communication is an in-band communication (para. 0038: Ethernet is used to communicate with storage devices over a data plane), and wherein the second communication is an out-of-band communication (para. 0038: PCIe and control plane).
Allowable Subject Matter
Claims 25-32, 37 and 38 would be allowable if the non-statutory double patenting rejection was overcome, and the claims were rewritten to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 10,459,665 B2 discloses a BMC and an out-of-band communication.
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/MICHAEL MASKULINSKI/Primary Examiner, Art Unit 2113
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