Prosecution Insights
Last updated: April 19, 2026
Application No. 19/022,147

WEAR LEVELING IN SOLID STATE DRIVES

Non-Final OA §102§103§112§DP
Filed
Jan 15, 2025
Examiner
LI, SIDNEY
Art Unit
2137
Tech Center
2100 — Computer Architecture & Software
Assignee
Micron Technology, Inc.
OA Round
1 (Non-Final)
80%
Grant Probability
Favorable
1-2
OA Rounds
2y 8m
To Grant
86%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allow Rate
304 granted / 380 resolved
+25.0% vs TC avg
Moderate +6% lift
Without
With
+5.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
14 currently pending
Career history
394
Total Applications
across all art units

Statute-Specific Performance

§101
8.4%
-31.6% vs TC avg
§103
48.0%
+8.0% vs TC avg
§102
19.7%
-20.3% vs TC avg
§112
18.5%
-21.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 380 resolved cases

Office Action

§102 §103 §112 §DP
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 . Status of Claims Claims 1-20 are pending. Information Disclosure Statement The information disclosure statement (IDS) submitted on 2025 February 04, 2025 March 25, and 2025 December 26 is/are in compliance with the provisional of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. 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, 3-12, and 14-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-6 and 9 of U.S. Patent No. 11,733,873. Although the claims at issue are not identical, they are not patentably distinct from each other. See chart below. Current Application US 11,733,873 1. A device, comprising: a set of non-volatile memory units of different types that have different program erase budgets corresponding to the different types respectively; and a controller configured to: track degrees of wear of the memory units based on a normalized degree of wear; and adjust an address map based at least in part on the normalized degree of wear for at least one of the memory units. 1. A solid state drive, comprising: a set of non-volatile memory units of different types that have different program erase budgets corresponding to the different types respectively; and a controller; firmware containing instructions configured to instruct the controller to: track degrees of wear of the memory units, wherein the degrees of wear are normalized to account for differences in the program erase budgets corresponding to the different types, wherein the degrees of wear are normalized using a largest one of the program erase budgets; and adjust the address map based at least in part on the program erase budgets to level wear across the memory units of the different types; 3. The device of claim 1, wherein the controller is further configured to generate the address map prior to the access of the memory units using the address map. Claim 1 generate an address map mapping logical addresses to physical addresses of the memory units of the different types; 4. The device of claim 1, wherein the normalized degree of wear accounts for differences in the program erase budgets corresponding to the different types. Claim 1 track degrees of wear of the memory units, wherein the degrees of wear are normalized to account for differences in the program erase budgets corresponding to the different types, wherein the degrees of wear are normalized using a largest one of the program erase budgets; and 5. The device of claim 1, wherein the degrees of wear are normalized using a largest one of the program erase budgets corresponding to the different types. Claim 1 track degrees of wear of the memory units, wherein the degrees of wear are normalized to account for differences in the program erase budgets corresponding to the different types, wherein the degrees of wear are normalized using a largest one of the program erase budgets; and 6. The device of claim 1, wherein the controller is further configured to track the degrees of wear by tracking numbers of normalized program erase cycles of the memory units, wherein the numbers of normalized program erase cycles of the memory units are proportional to a number of actual program erase cycles of the memory units and inversely proportional to program erase budgets of the memory units. Claim 1 track numbers of normalized program erase cycles of the memory units, wherein the numbers of normalized program erase cycles of the memory units are proportional to number of actual program erase cycles of the memory units and inversely proportional to program erase budgets of the memory units. 7. The device of claim 1, wherein the non-volatile memory units of different types comprise at least two of: single level cell flash memory; multi level cell flash memory; triple level cell flash memory; and quad level cell flash memory. 2. The solid state drive of claim 1, wherein the types of the memory units include at least two of: single level cell flash memory; multi level cell flash memory; triple level cell flash memory; and quad level cell flash memory. 8. The device of claim 1, wherein the controller is further configured to: receive a request to write data in a logical address that is currently mapped by the address map to a first memory unit; and identify, based on the normalized degree of wear for at least two of the memory units, a second memory unit having less wear than the first memory unit. 3. The solid state drive of claim 1, wherein the instructions are further configured to instruct the controller to: receive a request to write data in a logical address that is currently mapped by the address map to a first memory unit; identify a second memory unit having less wear than the first memory unit; 9. The device of claim 8, wherein the controller is further configured to: change the address map to map the logical address to the second memory unit; and write the data in the second memory unit. Claim 3 change the address map to map the logical address to the second memory unit; and write the data in the second memory unit. 10. The device of claim 9, wherein the first memory unit and the second memory unit are of different types. 4. The solid state drive of claim 3, wherein the first memory unit and the second memory unit are of different types. 11. The device of claim 9, wherein the first memory unit and the second memory unit have different program erase budgets. 5. The solid state drive of claim 3, wherein the first memory unit and the second memory unit have different program erase budgets. 12. A non-transitory computer storage medium storing instructions thereon which, upon execution by a controller of a memory device, cause the memory device to: access memory units of different types that have different program erase budgets corresponding to the different types respectively; track degrees of wear of the memory units based on a normalized degree of wear; and adjust an address map based at least in part on the normalized degree of wear for at least one of the memory units. 1. A solid state drive, comprising: a set of non-volatile memory units of different types that have different program erase budgets corresponding to the different types respectively; and track degrees of wear of the memory units, wherein the degrees of wear are normalized to account for differences in the program erase budgets corresponding to the different types, wherein the degrees of wear are normalized using a largest one of the program erase budgets; and adjust the address map based at least in part on the program erase budgets to level wear across the memory units of the different types; 14. The non-transitory computer storage medium of claim 12, generate the address map prior to the access of the memory units using the address map. Claim 1 generate an address map mapping logical addresses to physical addresses of the memory units of the different types; 15. The non-transitory computer storage medium of claim 12, wherein the instructions further cause the memory device to: receive a request to write data in a logical address that is currently mapped by the address map to a first memory unit; identify, based on the normalized degree of wear for at least two of the memory units, a second memory unit having less wear than the first memory unit; receive a request to write data in a logical address that is currently mapped by the address map to a first memory unit; and identify, based on the normalized degree of wear for at least two of the memory units, a second memory unit having less wear than the first memory unit. 3. The solid state drive of claim 1, wherein the instructions are further configured to instruct the controller to: receive a request to write data in a logical address that is currently mapped by the address map to a first memory unit; identify a second memory unit having less wear than the first memory unit; 16. The non-transitory computer storage medium of claim 12, wherein the degrees of wear are normalized using a largest one of the program erase budgets corresponding to the different types. Claim 1 track degrees of wear of the memory units, wherein the degrees of wear are normalized to account for differences in the program erase budgets corresponding to the different types, wherein the degrees of wear are normalized using a largest one of the program erase budgets; and 17. The non-transitory computer storage medium of claim 12, wherein the memory units of different types comprise at least two of: single level cell non-volatile flash memory; multi level cell non-volatile flash memory; triple level cell non-volatile flash memory; and quad level cell non-volatile flash memory. 2. The solid state drive of claim 1, wherein the types of the memory units include at least two of: single level cell flash memory; multi level cell flash memory; triple level cell flash memory; and quad level cell flash memory. 18. A method comprising: accessing, by a controller of a memory device, f memory units of different types; tracking, by the controller, degrees of wear of the memory units based on a normalized degree of wear; and adjusting, by the controller, an address map based at least in part on the normalized degree of wear for at least one of the memory units. 6. A method implemented in a solid state drive, the method comprising: providing a set of non-volatile memory units of different types that have different program erase budgets corresponding to the different types respectively; tracking data indicating degrees of wear of the memory units, wherein the degrees of wear are normalized according to the program erase budgets corresponding to the different types, wherein the degrees of wear are normalized using a largest one of the program erase budgets; and adjusting the address map based at least in part on the program erase budgets to level wear across the memory units of the different types; 19. The method of claim 18, wherein the degrees of wear are normalized using a largest one of the program erase budgets of the memory units. Claim 6 tracking data indicating degrees of wear of the memory units, wherein the degrees of wear are normalized according to the program erase budgets corresponding to the different types, wherein the degrees of wear are normalized using a largest one of the program erase budgets; and 20. The method of claim 18, wherein the memory units comprise at least two memory units of different types, wherein the different types of memory units have different program eras budgets. 9. The method of claim 8, wherein the first memory unit and the second memory unit are of different types. 10. The method of claim 8, wherein the first memory unit and the second memory unit have different program erase budgets. Claims 1-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1, 3-12, and 14-20 of copending Application No. 18/452,020 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other. See chart below. Current Application 18/452,020 (10/30/2025) 1. A device, comprising: a set of non-volatile memory units of different types that have different program erase budgets corresponding to the different types respectively; and a controller configured to: track degrees of wear of the memory units based on a normalized degree of wear; and adjust an address map based at least in part on the normalized degree of wear for at least one of the memory units. 1. A device, comprising: a set of non-volatile memory units of different types, wherein the non-volatile memory units of different types comprise at least three different memory types each having different program erase budgets corresponding to the different types respectively; a controller configured to: access the memory units using an address map that maps logical addresses to physical addresses of the memory units; track degrees of wear of the memory units based on a normalized degree of wear for each of the memory units of different types having different program erase budgets based on the at least three different memory types; and adjust the address map based at least in part on the normalized degree of wear for at least one of the memory units; and a host interface different from the controller, the host interface configured to communicate with a host device through a communication channel connecting the host interface and the host device. 2. The device of claim 1, further comprising a host interface configured to communicate with a host device through a communication channel connecting the host interface and the host device. Claim 1 the host interface configured to communicate with a host device through a communication channel connecting the host interface and the host device. 3. The device of claim 1, wherein the controller is further configured to generate the address map prior to the access of the memory units using the address map. 3. The device of claim 1, wherein the controller is further configured to generate the address map prior to the access of the memory units using the address map. 4. The device of claim 1, wherein the normalized degree of wear accounts for differences in the program erase budgets corresponding to the different types. 4. The device of claim 1, wherein the normalized degree of wear accounts for differences in the program erase budgets corresponding to the different types. 5. The device of claim 1, wherein the degrees of wear are normalized using a largest one of the program erase budgets corresponding to the different types. 5. The device of claim 1, wherein the degrees of wear are normalized using a largest one of the program erase budgets corresponding to the different types. 6. The device of claim 1, wherein the controller is further configured to track the degrees of wear by tracking numbers of normalized program erase cycles of the memory units, wherein the numbers of normalized program erase cycles of the memory units are proportional to a number of actual program erase cycles of the memory units and inversely proportional to program erase budgets of the memory units. 6. The device of claim 1, wherein the controller is further configured to track the degrees of wear by tracking numbers of normalized program erase cycles of the memory units, wherein the numbers of normalized program erase cycles of the memory units are proportional to a number of actual program erase cycles of the memory units and inversely proportional to program erase budgets of the memory units. 7. The device of claim 1, wherein the non-volatile memory units of different types comprise at least two of: single level cell flash memory; multi level cell flash memory; triple level cell flash memory; and quad level cell flash memory. 7. The device of claim 1, wherein the non-volatile memory units of different types comprise at least two of: single level cell flash memory; multi level cell flash memory; triple level cell flash memory; and quad level cell flash memory. 8. The device of claim 1, wherein the controller is further configured to: receive a request to write data in a logical address that is currently mapped by the address map to a first memory unit; and identify, based on the normalized degree of wear for at least two of the memory units, a second memory unit having less wear than the first memory unit. 8. The device of claim 1, wherein the controller is further configured to: receive a request to write data in a logical address that is currently mapped by the address map to a first memory unit; and identify, based on the normalized degree of wear for at least two of the memory units, a second memory unit having less wear than the first memory unit. 9. The device of claim 8, wherein the controller is further configured to: change the address map to map the logical address to the second memory unit; and write the data in the second memory unit. 9. The device of claim 8, wherein the controller is further configured to: change the address map to map the logical address to the second memory unit; and write the data in the second memory unit. 10. The device of claim 9, wherein the first memory unit and the second memory unit are of different types. 10. The device of claim 9, wherein the first memory unit and the second memory unit are of different types. 11. The device of claim 9, wherein the first memory unit and the second memory unit have different program erase budgets. 11. The device of claim 9, wherein the first memory unit and the second memory unit have different program erase budgets. 12. A non-transitory computer storage medium storing instructions thereon which, upon execution by a controller of a memory device, cause the memory device to: access memory units of different types that have different program erase budgets corresponding to the different types respectively; track degrees of wear of the memory units based on a normalized degree of wear; and adjust an address map based at least in part on the normalized degree of wear for at least one of the memory units. 12. A non-transitory computer storage medium storing instructions thereon which, upon execution by a controller of a memory device, cause the memory device to: access memory units using an address map that maps logical addresses to physical addresses of the memory units, wherein the memory units comprise a set of memory units of different types, wherein the memory units of different types comprise at least three different memory types each having different program erase budgets corresponding to the different types respectively; track degrees of wear of the memory units based on a normalized degree of wear for each of the memory units of different types having different program erase budgets based on the at least three different memory types; adjust the address map based at least in part on the normalized degree of wear for at least one of the memory units; and communicate with a host device through a communication channel connecting a host interface and the host device, wherein the host interface is different from the controller. 13. The non-transitory computer storage medium of claim 12, wherein the instructions further cause the memory device to communicate with a host device through a communication channel connecting the host interface and the host device. Claim 12 communicate with a host device through a communication channel connecting a host interface and the host device, wherein the host interface is different from the controller. 14. The non-transitory computer storage medium of claim 12, generate the address map prior to the access of the memory units using the address map. 14. The non-transitory computer storage medium of claim 12, generate the address map prior to the access of the memory units using the address map. 15. The non-transitory computer storage medium of claim 12, wherein the instructions further cause the memory device to: receive a request to write data in a logical address that is currently mapped by the address map to a first memory unit; identify, based on the normalized degree of wear for at least two of the memory units, a second memory unit having less wear than the first memory unit; receive a request to write data in a logical address that is currently mapped by the address map to a first memory unit; and identify, based on the normalized degree of wear for at least two of the memory units, a second memory unit having less wear than the first memory unit. 15. The non-transitory computer storage medium of claim 12, wherein the instructions further cause the memory device to: receive a request to write data in a logical address that is currently mapped by the address map to a first memory unit; and identify, based on the normalized degree of wear for at least two of the memory units, a second memory unit having less wear than the first memory unit. Claim 15 receive a request to write data in a logical address that is currently mapped by the address map to a first memory unit; and identify, based on the normalized degree of wear for at least two of the memory units, a second memory unit having less wear than the first memory unit. 16. The non-transitory computer storage medium of claim 12, wherein the degrees of wear are normalized using a largest one of the program erase budgets corresponding to the different types. 16. The non-transitory computer storage medium of claim 12, wherein the degrees of wear are normalized using a largest one of the program erase budgets corresponding to the different types. 17. The non-transitory computer storage medium of claim 12, wherein the memory units of different types comprise at least two of: single level cell non-volatile flash memory; multi level cell non-volatile flash memory; triple level cell non-volatile flash memory; and quad level cell non-volatile flash memory. 17. The non-transitory computer storage medium of claim 12, wherein the memory units of different types comprise at least two of: single level cell non-volatile flash memory; multi level cell non-volatile flash memory; triple level cell non-volatile flash memory; and quad level cell non-volatile flash memory. 18. A method comprising: accessing, by a controller of a memory device, f memory units of different types; tracking, by the controller, degrees of wear of the memory units based on a normalized degree of wear; and adjusting, by the controller, an address map based at least in part on the normalized degree of wear for at least one of the memory units. 18. (Currently Amended) A method comprising: accessing, by a controller of a memory device, memory units using an address map that maps logical addresses to physical addresses of the memory units, wherein the memory units comprise a set of memory units, wherein the set of memory units comprises at least three different memory types each having different program erase budgets corresponding to the different types respectively; tracking, by the controller, degrees of wear of the memory units based on a normalized degree of wear for each of the memory units having different program erase budgets based on the at least three different memory types; and adjusting, by the controller, the address map based at least in part on the normalized degree of wear for at least one of the memory units; and communicating, by the controller, with a host device through a communication channel connecting a host interface and the host device, wherein the host interface is part of the memory device and the host interface different from the controller. 19. The method of claim 18, wherein the degrees of wear are normalized using a largest one of the program erase budgets of the memory units. 19. The method of claim 18, wherein the degrees of wear are normalized using a largest one of the program erase budgets of the memory units. 20. The method of claim 18, wherein the memory units comprise at least two memory units of different types, wherein the different types of memory units have different program eras budgets. 20. The method of claim 18, wherein the memory units comprise at least two memory units of different types, wherein the different types of memory units have different program erase budgets. This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented. Claim Objections Claim 15 is objected to because of the following informalities: The claim includes four limitations of which the last two limitation appears to be a repeat of the first two limitations. Examiner believes this could be a typographical error and the duplicate should be removed. Appropriate correction is required. Claim 18 is objected to because of the following informalities: In the second line of the claims, in the accessing limitation there appears to be an extra symbol added into the claims. Examiner believes this is a typographical error and it should be removed. Appropriate correction is required. Claim 20 is objected to because of the following informalities: In the last line of the claims it states “program eras budget”, examiner believes this is a typographical error and should instead be “program erase budget”. Appropriate correction is required. Claim Rejections - 35 USC § 112 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. Claim 3 is 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. Claim 3 recites the limitation "generate the address map prior to the access of the memory units using the address map" in first two lines of the claims. There is no prior recitation of “access of the memory units” in the current claim or the claims which is dependent on. There is insufficient antecedent basis for this limitation in the claim. For examination purposes examiner will treat this limitation as “generate the address map prior to [[the]] an access of the memory units using the address map” 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) 1, 3-12, and 14-20 is/are rejected under 35 U.S.C. 102(a) (1) as being anticipated by Sutardja (US 2008/0140918) (hereinafter Sutardja) (published June 12, 2008). Regarding Claims 1, 12, and 18, taking claim 1 as exemplary, Sutardja discloses a device, comprising: a set of non-volatile memory units of different types that have different program erase budgets corresponding to the different types respectively; and “The first solid-state nonvolatile memory 204 may include single-level cell (SLC) flash memory or multi-level cell (MLC) flash memory. The second solid-state nonvolatile memory 206 may include single-level cell (SLC) flash memory or multi-level cell (MLC) flash memory” (Sutardja [0108]) “For example only, the first memory have a write cycle lifetime of 10,000, while the second memory has a write cycle lifetime of 100,000” (Sutardja [0161] SLC would have more write cycle lifetime than MLC) a controller configured to: “A solid-state disk 450 may include a controller 460, a first solid-state nonvolatile memory 462, and a second solid-state nonvolatile memory 464” (Sutardja [0141]) track degrees of wear of the memory units based on a normalized degree of wear; and “The wear leveling module 260 may use a normalized version of the write and/or erase cycle counts. For example, the number of write cycles performed on a block in the first solid-state nonvolatile memory 204 may be divided by the total number of write cycles that a block in the first solid-state nonvolatile memory 204 can endure” (Sutardja [0122]) adjust an address map based at least in part on the normalized degree of wear for at least one of the memory units. “The wear leveling module 260 may use a normalized version of the write and/or erase cycle counts” (Sutardja [0122]) “At various times, such as periodically, the wear leveling module may analyze the wear levels of the blocks, and remap relatively frequently rewritten logical addresses to blocks with low wear levels. In addition, the wear leveling module may remap relatively infrequently rewritten logical addresses to blocks with high wear levels, which is known as static data shifting” (Sutardja [0167]) Claims 12 and 18 further recite access(ing) of the memory units. “The controller 202 receives access requests from a host 220. The controller 202 directs the access requests to the first solid-state nonvolatile memory 204 or the second solid-state nonvolatile memory 206, as will be described below” (Sutardja [0105]) Regarding Claims 3 and 14, Sutardja further discloses wherein the controller is further configured to generate the address map prior to the access of the memory units using the address map. “When a write request for a logical address arrives at the wear leveling module, the wear leveling module may determine if the logical address is already mapped to a physical address. If so, the wear leveling module may direct the write to that physical address” (Sutardja [0164] the address map is already generated before the request and is used to direct the access to the correct address) Regarding Claim 4, Sutardja further discloses wherein the normalized degree of wear accounts for differences in the program erase budgets corresponding to the different types. “The number of erases performed on a block may therefore not be an appropriate comparison between a block from the first memory and a block of the second memory. To achieve appropriate comparisons, the erase counts can be normalized. One way of normalizing is to divide the erase count by the total number of erase counts a block in that memory is expected to be able to withstand. For example only, the first memory have a write cycle lifetime of 10,000, while the second memory has a write cycle lifetime of 100,000” (Sutardja [0161]) Regarding Claims 5 and 16, Sutardja further discloses wherein the degrees of wear are normalized using a largest one of the program erase budgets corresponding to the different types. “Another way of normalizing, which avoids fractional numbers, is to multiply the erase counts of blocks in the first memory (having the lower write cycle lifetime) by the ratio of write cycle lifetimes. In the current example, the ratio is 10 (100,000/10,000). A block in the first memory that has been erased 1,000 times would then have a normalized wear level of 10,000, while a block in the second memory that has been erased 1,000 times would then have a normalized wear level of 1,000” (Sutardja [0163] the erase budget/write cycle lifetimes of the smaller one is normalized to the higher erase budget write cycle lifetimes, also the largest program erase budget 100,000 is used in the calculation of the normalized value) Regarding Claim 6, Sutardja further discloses wherein the controller is further configured to track the degrees of wear by tracking numbers of normalized program erase cycles of the memory units, “The wear leveling module 260 may use a normalized version of the write and/or erase cycle counts” (Sutardja [0122]) wherein the numbers of normalized program erase cycles of the memory units are proportional to a number of actual program erase cycles of the memory units and inversely proportional to program erase budgets of the memory units. “Another way of normalizing, which avoids fractional numbers, is to multiply the erase counts of blocks in the first memory (having the lower write cycle lifetime) by the ratio of write cycle lifetimes. In the current example, the ratio is 10 (100,000/10,000). A block in the first memory that has been erased 1,000 times would then have a normalized wear level of 10,000, while a block in the second memory that has been erased 1,000 times would then have a normalized wear level of 1,000” (Sutardja [0163] it is inherent that the normalized erase cycles are proportional to the number of actual program erase cycle and inversely proportional to program erase budgets of the memory units) Regarding Claims 7 and 17, Sutardja further discloses wherein the non-volatile memory units of different types comprise at least two of: single level cell flash memory; multi level cell flash memory; triple level cell flash memory; and quad level cell flash memory. “The first solid-state nonvolatile memory 204 may include single-level cell (SLC) flash memory or multi-level cell (MLC) flash memory. The second solid-state nonvolatile memory 206 may include single-level cell (SLC) flash memory or multi-level cell (MLC) flash memory” (Sutardja [0108]) Regarding Claims 8 and 15, Sutardja further discloses wherein the controller is further configured to: receive a request to write data in a logical address that is currently mapped by the address map to a first memory unit; and “When a write request for a logical address arrives at the wear leveling module, the wear leveling module may determine if the logical address is already mapped to a physical address. If so, the wear leveling module may direct the write to that physical address” (Sutardja [0164]) identify, based on the normalized degree of wear for at least two of the memory units, a second memory unit having less wear than the first memory unit. “When the wear leveling module has good data for estimating access frequencies, the wear leveling module may move data from a used block to free that block for an incoming write. In this way, an incoming write to a block that is relatively frequently accessed can be written to a block with a low wear level. Also, an incoming write to a block that is relatively infrequently accessed can be written to a block with a high wear level” (Sutardja [0166]) Regarding Claim 9, Sutardja further discloses wherein the controller is further configured to: change the address map to map the logical address to the second memory unit; and write the data in the second memory unit. “Control writes data to the first and/or second NVS memories in step 510 according to the mapping generated in steps 506 and 508” (Sutardja [0147]) “When a write request for a logical address arrives at the wear leveling module, the wear leveling module may determine if the logical address is already mapped to a physical address. If so, the wear leveling module may direct the write to that physical address” (Sutardja [0164]) “When the wear leveling module has good data for estimating access frequencies, the wear leveling module may move data from a used block to free that block for an incoming write. In this way, an incoming write to a block that is relatively frequently accessed can be written to a block with a low wear level. Also, an incoming write to a block that is relatively infrequently accessed can be written to a block with a high wear level” (Sutardja [0166] mapping is changed to another physical address that has a lower wear level) Regarding Claim 10, Sutardja further discloses wherein the first memory unit and the second memory unit are of different types. “The first solid-state nonvolatile memory 204 may include single-level cell (SLC) flash memory or multi-level cell (MLC) flash memory. The second solid-state nonvolatile memory 206 may include single-level cell (SLC) flash memory or multi-level cell (MLC) flash memory” (Sutardja [0108]) Regarding Claims 11, Sutardja further discloses wherein the first memory unit and the second memory unit have different program erase budgets. “The first solid-state nonvolatile memory 204 may include single-level cell (SLC) flash memory or multi-level cell (MLC) flash memory. The second solid-state nonvolatile memory 206 may include single-level cell (SLC) flash memory or multi-level cell (MLC) flash memory” (Sutardja [0108]) “For example only, the first memory have a write cycle lifetime of 10,000, while the second memory has a write cycle lifetime of 100,000” (Sutardja [0161] SLC would have more write cycle lifetime than MLC) Regarding Claim 19, Sutardja further discloses wherein the degrees of wear are normalized using a largest one of the program erase budgets of the memory units. “Another way of normalizing, which avoids fractional numbers, is to multiply the erase counts of blocks in the first memory (having the lower write cycle lifetime) by the ratio of write cycle lifetimes. In the current example, the ratio is 10 (100,000/10,000). A block in the first memory that has been erased 1,000 times would then have a normalized wear level of 10,000, while a block in the second memory that has been erased 1,000 times would then have a normalized wear level of 1,000” (Sutardja [0163] the erase budget/write cycle lifetimes of the smaller one is normalized to the higher erase budget write cycle lifetimes, also the largest program erase budget 100,000 is used in the calculation of the normalized value) Regarding Claims 20, Sutardja further discloses wherein the memory units comprises at least two memory units of different types, wherein the different types of memory unit have different program eras budgets. “The first solid-state nonvolatile memory 204 may include single-level cell (SLC) flash memory or multi-level cell (MLC) flash memory. The second solid-state nonvolatile memory 206 may include single-level cell (SLC) flash memory or multi-level cell (MLC) flash memory” (Sutardja [0108]) “For example only, the first memory have a write cycle lifetime of 10,000, while the second memory has a write cycle lifetime of 100,000” (Sutardja [0161] SLC would have more write cycle lifetime than MLC) Claim Rejections - 35 USC § 103 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. Claims 2 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sutardja (published June 12, 2008) in view of Fai et al. (US 2012/0216079) (hereinafter Fai) (published August 23, 2012). Regarding Claims 2 and 13, Sutardja disclosed the device of claim 1 and medium of claim 12, and further discloses a communication channel connecting the host interface and the host device. “In various implementations, the host 220 may specify to the controller 202 the logical addresses that correspond to data that will change relatively frequently and the logical addresses that correspond to data that will change relatively infrequently” (Sutardja [0106] see figs. 2-6 the path connecting the host to the controller is the communication channel) But does not explicitly state further comprising a host interface configured to communicate with a host device through a communication channel connecting the host interface and the host device. Fai discloses further comprising a host interface configured to communicate with a host device through a communication channel connecting the host interface and the host device. “The NVM package 104 can interact with the host 102 over the connection 110 using a host interface 114 and a memory controller 116. Like the host controller 112, the memory controller 116 can include one or more processors and/or microprocessors 118 that are configured to perform operations based on the execution of software and/or firmware instructions” (Fai [0022] See fig. 1) It would have been obvious before the effective filing date of the invention to one of ordinary skill in the art to combine the host interface of Fai with the system in Sutardja. The motivation for doing so would be improve compatibility by using industry standards like USB as disclosed by Fai. “The host 102 can communicate with the NVM package 104 over the connection 110. The connection 110 between the host 102 and the NVM package 104 the can be fixed (e.g., fixed communications channel) and/or detachable (e.g., a universal serial bus (USB) port)” (Fai [0021]) Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Creedon et al. (US 2012/0150527) discloses remap table to store logical and physical addresses of locations that have been remapped by a wear leveling algorithm and the use of normalization on the frequency numbers. KIM et al. (US 2018/0285197) disclose different types of memory cells such as SLC, MLC, TLC, QLC, etc. and the use of normalization to compare values. Any inquiry concerning this communication or earlier communications from the examiner should be directed to SIDNEY LI whose telephone number is (571)270-5967. The examiner can normally be reached Monday to Friday 10:00 AM to 6:00 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, 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. /S.L./Examiner, Art Unit 2137 /Arpan P. Savla/Supervisory Patent Examiner, Art Unit 2137
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Prosecution Timeline

Jan 15, 2025
Application Filed
Mar 10, 2026
Non-Final Rejection — §102, §103, §112 (current)

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2y 8m
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