Prosecution Insights
Last updated: April 19, 2026
Application No. 19/023,991

MEMORY SYSTEM WITH SELECTIVE ACCESS TO FIRST AND SECOND MEMORIES

Non-Final OA §DP
Filed
Jan 16, 2025
Examiner
MACKALL, LARRY T
Art Unit
2139
Tech Center
2100 — Computer Architecture & Software
Assignee
Kioxia Corporation
OA Round
1 (Non-Final)
85%
Grant Probability
Favorable
1-2
OA Rounds
2y 9m
To Grant
93%
With Interview

Examiner Intelligence

Grants 85% — above average
85%
Career Allow Rate
661 granted / 779 resolved
+29.9% vs TC avg
Moderate +8% lift
Without
With
+8.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
31 currently pending
Career history
810
Total Applications
across all art units

Statute-Specific Performance

§101
7.0%
-33.0% vs TC avg
§103
50.3%
+10.3% vs TC avg
§102
24.8%
-15.2% vs TC avg
§112
7.6%
-32.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 779 resolved cases

Office Action

§DP
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application is being examined under the pre-AIA first to invent provisions. Information Disclosure Statement The Information Disclosure Statement filed on 16 Jan 2025 has been considered by the examiner. Double Patenting Claim 1 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11, 494,077 in view of Janzen (Pub. No. US 2005/0228939). Claim Correspondence Instant Application U.S. Patent No. 11,494,077 1 1. Janzen [par. 0007-0008] provides the additional teaching of a signal containing address and command signals. It would be obvious to send multiple types of data over the same signal line to reduce complexity by reducing the number of required lines. Claim 1, 10, 21, and 30 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, 9, and 10 of U.S. Patent No. 11, 494,077 in view of Kim (Pub. No. US 2007/0165457). Claim Correspondence Instant Application U.S. Patent No. 11,836,347 1 1. Kim [par. 0032; claim 1] provides the additional teaching of a signal containing data and command signals. It would be obvious to send multiple types of data over the same signal line to reduce complexity by reducing the number of required lines. 10 9 21 2 30 10 Claim 11 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11, 494,077 in view of Janzen (Pub. No. US 2005/0228939) and IM (Pub. No. US 2008/0162790). Claim Correspondence Instant Application U.S. Patent No. 11,494,077 11 1. Janzen [par. 0007-0008] provides the additional teaching of a signal containing address and command signals. It would be obvious to send multiple types of data over the same signal line to reduce complexity by reducing the number of required lines. Im [figs. 1-2; pars. 0007-0008, 0090] provides the additional teaching of a NAND flash memory with channels and pins. It would be obvious to provide this arrangement to improve performance. Claim 1, 10, 21, and 30 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, 9, and 10 of U.S. Patent No. 11, 494,077 in view of Kim (Pub. No. US 2007/0165457) and IM (Pub. No. US 2008/0162790). Claim Correspondence Instant Application U.S. Patent No. 11,836,347 11 1. Kim [par. 0032; claim 1] provides the additional teaching of a signal containing data and command signals. It would be obvious to send multiple types of data over the same signal line to reduce complexity by reducing the number of required lines. Im [figs. 1-2; pars. 0007-0008, 0090] provides the additional teaching of a NAND flash memory with channels and pins. It would be obvious to provide this arrangement to improve performance. “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). Allowable Subject Matter Claims 2-9 and 12-20, 22-29, and 31-40 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. Claims allowable for reciting the same language found allowable in the parent cases. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to LARRY T MACKALL whose telephone number is (571)270-1172. The examiner can normally be reached Monday - Friday, 9am-5pm. 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, Reginald G Bragdon can be reached at (571) 272-4204. 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. LARRY T. MACKALL Primary Examiner Art Unit 2131 24 January 2026 /LARRY T MACKALL/Primary Examiner, Art Unit 2139
Read full office action

Prosecution Timeline

Jan 16, 2025
Application Filed
Jan 24, 2026
Non-Final Rejection — §DP (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
85%
Grant Probability
93%
With Interview (+8.1%)
2y 9m
Median Time to Grant
Low
PTA Risk
Based on 779 resolved cases by this examiner. Grant probability derived from career allow rate.

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