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 .
This Office Action is responsive to the reply filed 23 July 2026.
Claims 1, 3-8, 10-15 and 17-20 are pending and have been presented for examination.
Claims 2, 9 and 16 have been cancelled.
Response to Arguments
Applicant’s arguments, see page 6, filed 23 July 2026, with respect to claims 5 and 12 have been fully considered and are persuasive. The objection to claims 5 and 12 has been withdrawn.
Applicant’s arguments, see pages 6-7, filed 23 July 2026, with respect to claims 1, 8 and 15 have been fully considered and are persuasive. The rejection of claims 1, 8 and 15 under 35 U.S.C. § 102 has been withdrawn.
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, 3-8, 10-15 and 17-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4, 8-13, 17 and 18 of U.S. Patent No. 12,299,308. Although the claims at issue are not identical, they are not patentably distinct from each other.
Claims 1 and 8 are anticipated by claims 1 and 10 of the ‘308 patent as shown below.
Regarding claim 15 of the instant application: the operations performed by the instructions of claim(s) 16 of the instant application are identical to the method steps of claim 1 in the ‘308 patent. The claims differ in that claim(s) 15 of the instant application is/are directed to a computer program product that contains a non-transitory computer readable medium with instructions that perform a series of operations. It is well-known in the art to write program instructions, and store these instructions on a computer readable medium. This allows a user to implement a specific method on a computer, and Official Notice is hereby taken.
It would have been obvious, before the effective filing date of the claimed invention, to a person having ordinary skill in the art to which said subject matter pertains to create program instructions which are stored on a computer readable medium to allow a user to implement a specific method on a computer system.
12,299,308
19/172,770
1. A method comprising: receiving, by a processing device managing one or more memory devices partitioned into a plurality of die partitions, host data; and
(B) writing metadata associated with host data to one or more blocks within a die partition of the plurality of die partitions
(C) in a different direction
(A) than the host data is to be written to the one or more blocks within the die partition of the plurality of die partitions.
2. The method of claim 1,
(C) wherein a first direction in which the metadata associated with host data is to be written is orthogonal to a second direction in which the host data is to be written to one or more blocks within a die partition of the plurality of die partitions.
1. A method comprising:
(A) writing host data to a memory device in a first direction specified by a cursor; and
(B) writing metadata associated with host data to the memory device in a second direction specified by the cursor,
(C) wherein the first direction is orthogonal to the second direction.
Claims 3/4/8/9
Claims 3&4/5/6/7
10. A system comprising:
(A) a memory device; and a processing device coupled to the memory device, the processing device to perform operations comprising: receiving, by a processing device managing one or more memory devices partitioned into a plurality of die partitions, host data; and
(C) writing metadata associated with host data to one or more blocks within a die partition of the plurality of die partitions
(D) in a different direction
(B) than the host data is to be written to the one or more blocks within the die partition of the plurality of die partitions.
11. The system of claim 10,
(D) wherein a first direction in which the metadata associated with host data is to be written is orthogonal to a second direction in which the host data is to be written to one or more blocks within a die partition of the plurality of die partitions.
8. A system comprising:
(A) a memory device; and a processing device coupled to the memory device, the processing device to perform operations comprising:
(B) writing host data to the memory device in a first direction specified by a cursor;
(C) and writing metadata associated with host data to the memory device in a second direction specified by the cursor,
(D) wherein the first direction is orthogonal to the second direction.
Claims 12/13/17/18
Claims 10&11/12/13/14
1. A method comprising: receiving, by a processing device managing one or more memory devices partitioned into a plurality of die partitions, host data; and
(B) writing metadata associated with host data to one or more blocks within a die partition of the plurality of die partitions
(C) in a different direction
(A) than the host data is to be written to the one or more blocks within the die partition of the plurality of die partitions.
2. The method of claim 1,
(C) wherein a first direction in which the metadata associated with host data is to be written is orthogonal to a second direction in which the host data is to be written to one or more blocks within a die partition of the plurality of die partitions.
15. A non-transitory computer-readable storage medium comprising instructions that, when executed by a processing device, cause the processing device to perform operations comprising:
(A) writing host data to a memory device in a first direction specified by a cursor;
(B) and writing metadata associated with host data to the memory device in a second direction specified by the cursor,
(C) wherein the first direction is orthogonal to the second direction.
Claims 3/8/9
Claims 17&18/19/20
Claims 1, 3-8, 10-15 and 17-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3, 7-11, 15 and 16 of U.S. Patent No. 11,899,955. Although the claims at issue are not identical, they are not patentably distinct from each other.
Regarding the limitation “wherein the first direction is different than the second direction” in the instant application, the Examiner has equated this to the ‘955 patent writing data items within a die partition and metadata across the die partitions.
Claims 1 and 8 of the instant application are anticipated by claims 1 and 9 of the ‘955 patent as shown below.
Regarding claim 15 of the instant application: the operations performed by the instructions of claim(s) 16 of the instant application are identical to the method steps of claim 1 in the ‘955 patent. The claims differ in that claim(s) 15 of the instant application is/are directed to a computer program product that contains a non-transitory computer readable medium with instructions that perform a series of operations. It is well-known in the art to write program instructions, and store these instructions on a computer readable medium. This allows a user to implement a specific method on a computer, and Official Notice is hereby taken.
It would have been obvious, before the effective filing date of the claimed invention, to a person having ordinary skill in the art to which said subject matter pertains to create program instructions which are stored on a computer readable medium to allow a user to implement a specific method on a computer system.
11,899,955
19/172,770
1. A method comprising: receiving, by a processing device managing one or more memory devices partitioned into a plurality of die partitions, one or more data items;
(A) determining that the one or more data items are to be written sequentially to one or more blocks within a die partition of the plurality of die partitions;
(B) and writing metadata associated with the one or more data items sequentially to one or more blocks
(C) across the plurality of die partitions.
1. A method comprising:
(A) writing host data to a memory device in a first direction specified by a cursor; and
(B) writing metadata associated with host data to the memory device in a second direction specified by the cursor,
(C) wherein the first direction is orthogonal to the second direction.
3. The method of claim 1,
(A) wherein the metadata is written sequentially to one or more blocks within a die partition of a plurality of die partitions of the memory device.
Claims 2/3/7/8
Claims 4/5/6/7
9. A system comprising:
(A) a memory device; and a processing device coupled to the memory device, the processing device to perform operations comprising: receiving one or more data items;
(B) determining that the one or more data items are to be written sequentially to one or more blocks within a die partition of a plurality of die partitions of the memory device;
(C) and writing metadata associated with the one or more data items sequentially to one or more blocks
(D) across the plurality of die partitions.
8. A system comprising:
(A) a memory device; and a processing device coupled to the memory device, the processing device to perform operations comprising:
(B) writing host data to the memory device in a first direction specified by a cursor;
(C) and writing metadata associated with host data to the memory device in a second direction specified by the cursor,
(D) wherein the first direction is orthogonal to the second direction.
10. The system of claim 8,
(B) wherein the metadata is written sequentially to one or more blocks within a die partition of a plurality of die partitions of the memory device.
Claims 10/11/15/16
Claims 11/12/13/14
1. A method comprising: receiving, by a processing device managing one or more memory devices partitioned into a plurality of die partitions, one or more data items;
(A) determining that the one or more data items are to be written sequentially to one or more blocks within a die partition of the plurality of die partitions;
(B) and writing metadata associated with the one or more data items sequentially to one or more blocks
(C) across the plurality of die partitions.
15. A non-transitory computer-readable storage medium comprising instructions that, when executed by a processing device, cause the processing device to perform operations comprising:
(A) writing host data to a memory device in a first direction specified by a cursor;
(B) and writing metadata associated with host data to the memory device in a second direction specified by the cursor,
(C) wherein the first direction is orthogonal to the second direction.
17. The non-transitory computer-readable storage medium of claim 15,
(A) wherein the metadata is written sequentially to one or more blocks within a die partition of a plurality of die partitions of the memory device.
Claims 2/7/8
Claims 18/19/20
Conclusion
THIS ACTION IS MADE FINAL. 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 EDWARD J DUDEK JR whose telephone number is (571)270-1030. The examiner can normally be reached Monday - Friday, 8:00A-4:00P.
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, Hosain T Alam can be reached at 571-272-3978. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EDWARD J DUDEK JR/Primary Examiner, Art Unit 2132
