Prosecution Insights
Last updated: April 19, 2026
Application No. 19/025,830

PERFORMANCE CONTROL FOR A MEMORY SUB-SYSTEM

Non-Final OA §DP
Filed
Jan 16, 2025
Examiner
BERTRAM, RYAN
Art Unit
2137
Tech Center
2100 — Computer Architecture & Software
Assignee
Micron Technology, Inc.
OA Round
1 (Non-Final)
88%
Grant Probability
Favorable
1-2
OA Rounds
2y 5m
To Grant
92%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allow Rate
598 granted / 677 resolved
+33.3% vs TC avg
Minimal +4% lift
Without
With
+4.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
12 currently pending
Career history
689
Total Applications
across all art units

Statute-Specific Performance

§101
7.0%
-33.0% vs TC avg
§103
48.2%
+8.2% vs TC avg
§102
23.5%
-16.5% vs TC avg
§112
9.0%
-31.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 677 resolved cases

Office Action

§DP
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 . Information Disclosure Statement The information disclosure statement (IDS) submitted on 4/7/2025 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 2-3, 5-10, 12-17 and 19-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,314,582 in view of Norgren (US 7,739,470). 19/025,830 US Patent No. 12,314,582 2. A method by a memory system, comprising: selecting a compensation parameter based at least in part on determining that a bandwidth of a backend of the memory system satisfies one or more performance criteria, wherein the one or more performance criteria are based at least in part on a performance between the memory system and a host system; and allocating a quantity of one or more slots of a buffer to a frontend of the memory system based at least in part on the compensation parameter. A method, comprising: determining that a bandwidth of a backend of a memory system satisfies one or more performance criteria that are based at least in part on performance between the memory system and a host system that is external to the memory system; and allocating a quantity of one or more slots of a buffer to a frontend of the memory system based at least in part on determining that the bandwidth of the backend satisfies the one or more performance criteria. Regarding claims 2, 9 and 16, Patent 12,314,582 discloses determining that a bandwidth of a backend of the memory system satisfies one or more performance criteria, wherein the one or more performance criteria are based at least in part on a performance between the memory system and a host system; and allocating a quantity of one or more slots of a buffer to a frontend of the memory system based at least in part on the compensation parameter [see table above]. The patent does not expressly disclose selecting a compensation parameter and allocating a quantity of one or more slots of a buffer based at least in part on the compensation parameter. Norgren discloses a I/O queue based memory system in which a queue depth adjustment (compensation parameter) may be determined and selected in order to increase the depth/size of an I/O queue [see Col. 17, lines 23-57]. Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to utilize the queue depth adjustment determination of Norgren in the 12,314,582 Patent. The motivation for doing so would have been to achieve a selected performance goal [see Norgren, Col. 17 lines 64-66]. Therefore, it would have been obvious to combine Norgren with Patent 12,314,582 for the benefits listed above, to obtain the invention as specified in claims 2-3, 5-10, 12-17 and 19-20. Regarding claims 3, 10 and 17, the combination discloses determining a quantity of valid blocks of a transfer unit of the memory system, wherein determining the bandwidth of the backend of the memory system is based at least in part on the quantity of valid blocks of the transfer unit [see Patent 12,314,582; claims 7 and 17]. Regarding claims 5, 12 and 19, the combination discloses the bandwidth is based at least in part on a quantity of commands processed by the backend over a duration and a quantity of occupied slots of the buffer that are allocated to the frontend [see Patent 12,314,582; claims 11 and 19]. Regarding claims 6, 13 and 20, the combination discloses the quantity of the one or more slots of the buffer is based at least in part on the compensation parameter [see Norgren, Col. 17, lines 23-67; amount to expand I/O queue based on queue depth adjustment]. Regarding claims 7, 14 and 21, the combination discloses the compensation parameter is associated with a desired performance level of the memory system [see Norgren, Col. 17, lines 23-67; I/O queue adjustment based on selected performance goal]. Regarding claims 8 and 15, the combination discloses the one or more slots of the buffer allocated to the frontend of the memory system are configured to store access commands received from the host system or data associated with the access commands [see Norgren, Col. 17, lines 23-67; I/O queue stores data associated with commands]. Claims 2-3, 5-10, 12-17 and 19-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,520,502 in view of Norgren (US 7,739,470). 19/025,830 US Patent No. 11,520,502 2. A method by a memory system, comprising: selecting a compensation parameter based at least in part on determining that a bandwidth of a backend of the memory system satisfies one or more performance criteria, wherein the one or more performance criteria are based at least in part on a performance between the memory system and a host system; and allocating a quantity of one or more slots of a buffer to a frontend of the memory system based at least in part on the compensation parameter. 1. A method, comprising: monitoring a bandwidth of a backend of a memory sub-system for writing data to a memory device; determining that the bandwidth of the backend satisfies one or more performance criteria that are based at least in part on performance between the memory sub-system and a host system that is external to the memory sub-system; and allocating a quantity of one or more slots of a buffer to a frontend of the memory sub-system based at least in part on determining that the bandwidth of the backend satisfies the one or more performance criteria. Regarding claims 2, 9 and 16, Patent 11,520,502 discloses determining that a bandwidth of a backend of the memory system satisfies one or more performance criteria, wherein the one or more performance criteria are based at least in part on a performance between the memory system and a host system; and allocating a quantity of one or more slots of a buffer to a frontend of the memory system based at least in part on the compensation parameter [see Patent 11,520,502; claims 1, 11 and 20]. The patent does not expressly disclose selecting a compensation parameter and allocating a quantity of one or more slots of a buffer based at least in part on the compensation parameter. Norgren discloses a I/O queue based memory system in which a queue depth adjustment (compensation parameter) may be determined and selected in order to increase the depth/size of an I/O queue [see Col. 17, lines 23-57]. Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to utilize the queue depth adjustment determination of Norgren in the 11,520,502 Patent. The motivation for doing so would have been to achieve a selected performance goal [see Norgren, Col. 17 lines 64-66]. Therefore, it would have been obvious to combine Norgren with Patent 11,520,502 for the benefits listed above, to obtain the invention as specified in claims 2-3, 5-10, 12-17 and 19-20. Regarding claims 3, 10 and 17, the combination discloses determining a quantity of valid blocks of a transfer unit of the memory system, wherein determining the bandwidth of the backend of the memory system is based at least in part on the quantity of valid blocks of the transfer unit [see Patent 11,520,502; claims 6 and 16]. Regarding claims 5, 12 and 19, the combination discloses the bandwidth is based at least in part on a quantity of commands processed by the backend over a duration and a quantity of occupied slots of the buffer that are allocated to the frontend [see Patent 11,520,502; claims 10 and 19]. Regarding claims 6, 13 and 20, the combination discloses the quantity of the one or more slots of the buffer is based at least in part on the compensation parameter [see Norgren, Col. 17, lines 23-67; amount to expand I/O queue based on queue depth adjustment]. Regarding claims 7, 14 and 21, the combination discloses the compensation parameter is associated with a desired performance level of the memory system [see Norgren, Col. 17, lines 23-67; I/O queue adjustment based on selected performance goal]. Regarding claims 8 and 15, the combination discloses the one or more slots of the buffer allocated to the frontend of the memory system are configured to store access commands received from the host system or data associated with the access commands [see Norgren, Col. 17, lines 23-67; I/O queue stores data associated with commands]. Claims 2-3, 6-10, 13-17 and 20-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,899,948 in view of Norgren (US 7,739,470). 19/025,830 US Patent No. 11,899,948 2. A method by a memory system, comprising: selecting a compensation parameter based at least in part on determining that a bandwidth of a backend of the memory system satisfies one or more performance criteria, wherein the one or more performance criteria are based at least in part on a performance between the memory system and a host system; and allocating a quantity of one or more slots of a buffer to a frontend of the memory system based at least in part on the compensation parameter. 1. A method, comprising: monitoring, by one or more processing cores of a memory sub-system, a bandwidth of a backend of the memory sub-system for writing data to a memory device, wherein the bandwidth is based at least in part on a quantity of commands processed by the backend of the memory sub-system over a duration and a quantity of occupied slots of a buffer associated with a frontend of the memory sub-system, wherein the slots of the buffer are configured to receive data from the frontend for writing to the memory device by the backend; determining, by the one or more processing cores, that the bandwidth of the backend satisfies one or more performance criteria that are based at least in part on performance between the memory sub-system and a host system that is external to the memory sub-system; transmitting signaling to the host system based at least in part on determining that the bandwidth of the backend satisfies the one or more performance criteria, wherein the signaling comprises instructions for the host system to continue transmitting access commands to the memory sub-system; and allocating, by the one or more processing cores, a quantity of one or more slots of the buffer to the frontend of the memory sub-system based at least in part on determining that the bandwidth of the backend satisfies the one or more performance criteria and transmitting the signaling to the host system, wherein the quantity of slots allocated for the buffer associated with the frontend is based at least in part on the bandwidth relative to the one or more performance criteria. Regarding claims 2, 9 and 16, Patent 11,899,948 discloses determining that a bandwidth of a backend of the memory system satisfies one or more performance criteria, wherein the one or more performance criteria are based at least in part on a performance between the memory system and a host system; and allocating a quantity of one or more slots of a buffer to a frontend of the memory system based at least in part on the compensation parameter [see Patent 11,899,948; claims 1, 11 and 20]. The patent does not expressly disclose selecting a compensation parameter and allocating a quantity of one or more slots of a buffer based at least in part on the compensation parameter. Norgren discloses a I/O queue based memory system in which a queue depth adjustment (compensation parameter) may be determined and selected in order to increase the depth/size of an I/O queue [see Col. 17, lines 23-57]. Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to utilize the queue depth adjustment determination of Norgren in the 11,899,948 Patent. The motivation for doing so would have been to achieve a selected performance goal [see Norgren, Col. 17 lines 64-66]. Therefore, it would have been obvious to combine Norgren with Patent 11,899,948 for the benefits listed above, to obtain the invention as specified in claims 2-3, 5-10, 12-17 and 19-20. Regarding claims 3, 10 and 17, the combination discloses determining a quantity of valid blocks of a transfer unit of the memory system, wherein determining the bandwidth of the backend of the memory system is based at least in part on the quantity of valid blocks of the transfer unit [see Patent 11,899,948; claims 6 and 16]. Regarding claims 6, 13 and 20, the combination discloses the quantity of the one or more slots of the buffer is based at least in part on the compensation parameter [see Norgren, Col. 17, lines 23-67; amount to expand I/O queue based on queue depth adjustment]. Regarding claims 7, 14 and 21, the combination discloses the compensation parameter is associated with a desired performance level of the memory system [see Norgren, Col. 17, lines 23-67; I/O queue adjustment based on selected performance goal]. Regarding claims 8 and 15, the combination discloses the one or more slots of the buffer allocated to the frontend of the memory system are configured to store access commands received from the host system or data associated with the access commands [see Norgren, Col. 17, lines 23-67; I/O queue stores data associated with commands]. REASONS FOR ALLOWANCE Claims 2-21 recite allowable subject matter, provided the above double patenting rejections are overcome. Claims 4, 11 and 18 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. The prior art of record including the disclosure of Fillingim (US 2012/0066439) generally teaches managing a lifetime of a storage device by throttling write operations on a data storage device in response to a write bandwidth failing to meet a target. Jinzaki (US 2001/0014936) generally teaches a FIFO memory implemented as an elastic buffer to adjust a transfer rate and a processing rate. Daglis (2018/0173673) generally teaches allocating one or more of a plurality of buffer slots in a buffer pool to a write buffer as write buffer slots or to a read buffer as read buffer slots memory system to provide optimal read and write performance. However, none of the prior art of record anticipates nor renders obvious the claim limitations directed towards allocating one or more slots of a buffer of the frontend of a memory system based on a compensation parameter, when a bandwidth of a backend of the memory system satisfies performance criteria between the memory sub-system and a host. Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.” CONCLUSION The prior art made of record and not relied upon is considered pertinent to applicant's disclosure generally teach: Yun (US 2019/0250858) – Generally teaches adjusting the capacities of input buffers and output buffers to increase throughput in a memory controller. Creed (US 2021/0365379) – Generally teaches a cache slot allocation system in which cache slots of a front-end may be allocated based on an expected amount of time the data will remain in the cache slot as write pending. The filing data of Creed, however, is after the filing date of application 16/731,936, which the current application is a continuation of and claims priority from. Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYAN BERTRAM whose telephone number is (571)270-1377. The examiner can normally be reached M-F 8:30-5MNT. 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 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. /RYAN BERTRAM/Primary Examiner, Art Unit 2137
Read full office action

Prosecution Timeline

Jan 16, 2025
Application Filed
Mar 06, 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
88%
Grant Probability
92%
With Interview (+4.2%)
2y 5m
Median Time to Grant
Low
PTA Risk
Based on 677 resolved cases by this examiner. Grant probability derived from career allow rate.

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