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 .
DETAILED ACTION
This Office Action is sent in response to Applicant’s Communication received on 29 April 2025 for application number 19/193,370. The Office hereby acknowledges receipt of the following and placed of record in file: Oath/Declaration, Abstract, Specification, Drawings, and Claims.
Claims 1 – 20 are presented for examination.
Priority
As required by M.P.E.P. 201.14(c), acknowledgement is made of applicant’s claim for priority based on the application filed on 31 August 2022 (CON U.S. Patent No. 12,307,121).
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 29 April 2025 was filed on the mailing date of the application. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The applicant’s drawings submitted are acceptable for examination purposes.
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 1, 3 – 10, 12 – 15, and 19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 – 14 of U.S. Patent No. 12/307,121. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims in conflicting U.S. Patent No. 12/307,121 disclose the limitations required of the claims in the instant application.
Claims 1, 3 – 10, 12 – 15, and 19 of the instant application are compared to claims 1 – 14 of U.S. Patent No. 12/307,121 in the following table:
Instant Application
Patent No. 12/307,121
A memory device, comprising:
memory; and
a controller configured to:
obtain a metric associated with the memory using a memory read configuration;
filter, using a low pass filter, the metric associated with the memory to obtain a filtered metric;
evaluate, using a memory management process, a read-write reliability of the memory based on the filtered metric; and
perform an action based on an output of the memory management process, wherein the action includes shutting down a page of the memory based on a risk of data loss associated with the page of the memory satisfying an error threshold. (claim 1)
The memory device of claim 1, wherein the action includes adjusting a read level associated with the memory. (claim 3)
The memory device of claim 1, wherein the metric is one of a plurality of metrics, wherein each metric of the plurality of metrics is associated with a different memory read configuration, and wherein filtering the plurality of metrics using the low pass filter reduces noise associated with the plurality of metrics. (claim 4)
The memory device of claim 1, wherein the memory management process includes a first memory management process sub-function and a second memory management process sub-function, and wherein the controller is configured to:
provide the metric associated with the memory to the first memory management
process sub-function to obtain an auxiliary variable associated with the memory;
filter, using the low pass filter, the auxiliary variable associated with the memory to obtain a filtered auxiliary variable; and
evaluate, using the second memory management process sub-function, the read-write reliability of the memory based on the filtered auxiliary variable. (claim 5)
The memory device of claim 1, wherein the low pass filter is a moving average filter. (claim 6)
The memory device of claim 1, wherein the low pass filter is a weighted average filter. (claim 7)
The memory device of claim 1, wherein the controller is configured to:
obtain a plurality of metrics associated with the memory using the memory read configuration; and
filter the plurality of metrics using the low pass filter to reduce a read-to-read metric variation associated with the plurality of metrics. (claim 8)
The memory device of claim 1, wherein the memory is a non-volatile memory. (claim 9)
A method, comprising:
obtaining, by a controller of a memory device, a first metric associated with a
memory of the memory device using a first memory read configuration;
applying, by the controller, a function to the first metric to obtain a second memory read configuration;
obtaining, by the controller, a second metric associated with the memory using the second memory read configuration;
filtering, by the controller using a filter function, the first metric and the second metric to obtain a first filtered metric and a second filtered metric;
providing, by the controller, the first filtered metric and the second filtered metric to a memory management process executing on the controller; and
performing, by the controller, an action based on an output of the memory management process, wherein the output is based on the first filtered metric and the second filtered metric, and wherein performing the action comprises shutting down a page of the memory based on a risk of data loss associated with the page of the memory satisfying an error threshold. (claim 10)
The method of claim 10, wherein performing the action comprises adjusting a read level associated with the memory. (claim 12)
The method of claim 10, wherein filtering the first metric and the second metric using the filter function mitigates a measurement variation associated with the first metric and the second metric. (claim 13)
The method of claim 10, wherein the filter function is a moving average filter function. (claim 14)
The method of claim 10, wherein the filter function is a weighted average filter function. (claim 15)
A system, comprising:
means for obtaining a metric associated with a memory using a memory read configuration;
means for filtering, using a low pass filter, the metric associated with the memory to obtain a filtered metric;
means for providing the filtered metric to a memory management process; and
means for performing an action based on an output of the memory management process, wherein the output is based on the filtered metric, and wherein the means for performing the action comprises means for shutting down a page of the memory based on a risk of data loss associated with the page of the memory satisfying an error threshold. (claim 19)
A memory device, comprising:
memory; and
a controller configured to:
obtain a metric associated with the memory using a memory read configuration, wherein the metric reflects a characteristic of the memory when the memory is subjected to a read-write operation performed on the memory using the memory read configuration;
filter, using a low pass filter, the metric associated with the memory to obtain a filtered metric;
evaluate, using a memory management process, a read-write reliability of the memory based on the filtered metric; and
perform an action based on an output of the memory management process, wherein the action includes shutting down a page of the memory based on a risk of data loss associated with the page of the memory satisfying an error threshold. (claim 1)
The memory device of claim 1, wherein the action includes adjusting a read level associated with the memory. (claim 2)
The memory device of claim 1, wherein the metric is one of a plurality of metrics, wherein each metric of the plurality of metrics is associated with a different memory read configuration, and wherein filtering the plurality of metrics using the low pass filter reduces noise associated with the plurality of metrics. (claim 3)
The memory device of claim 1, wherein the memory management process includes a first memory management process sub-function and a second memory management process sub-function, and wherein the controller is configured to:
provide the metric associated with the memory to the first memory management process sub-function to obtain an auxiliary variable associated with the memory;
filter, using the low pass filter, the auxiliary variable associated with the memory to obtain a filtered auxiliary variable; and
evaluate, using the second memory management process sub-function, the read-write reliability of the memory based on the filtered auxiliary variable. (claim 4)
The memory device of claim 1, wherein the low pass filter is a moving average filter. (claim 5)
The memory device of claim 1, wherein the low pass filter is a weighted average filter. (claim 6)
The memory device of claim 1, wherein the controller is configured to:
obtain a plurality of metrics associated with the memory using the memory read configuration; and
filter the plurality of metrics using the low pass filter to reduce a read-to-read metric variation associated with the plurality of metrics. (claim 7)
The memory device of claim 1, wherein the memory is a non-volatile memory. (claim 8)
A method, comprising:
obtaining, by a controller of a memory device, a first metric associated with a memory of the memory device using a first memory read configuration, wherein the first metric reflects a first characteristic of the memory when the memory is subjected to a first read-write operation performed on the memory using the first memory read configuration;
applying, by the controller, a function to the first metric to obtain a second memory read configuration;
obtaining, by the controller, a second metric associated with the memory using the second memory read configuration, wherein the second metric reflects a second characteristic of the memory when the memory is subjected to a second read-write operation performed on the memory using the second memory read configuration;
filtering, by the controller using a filter function, the first metric and the second metric to obtain a first filtered metric and a second filtered metric;
providing, by the controller, the first filtered metric and the second filtered metric to a memory management process executing on the controller; and
performing, by the controller, an action based on an output of the memory management process, wherein the output is based on the first filtered metric and the second filtered metric, and wherein performing the action comprises shutting down a page of the memory based on a risk of data loss associated with the page of the memory satisfying an error threshold. (claim 9)
The method of claim 13, wherein performing the action comprises adjusting a read level associated with the memory. (claim 10)
The method of claim 13, wherein filtering the first metric and the second metric using the filter function mitigates a measurement variation associated with the first metric and the second metric. (claim 11)
The method of claim 13, wherein the filter function is a moving average filter function. (claim 12)
The method of claim 13, wherein the filter function is a weighted average filter function. (claim 13)
A system, comprising:
means for obtaining a metric associated with a memory using a memory read configuration wherein the metric reflects a characteristic of the memory when the memory is subjected to a read-write operation performed on the memory using the memory read configuration;
means for filtering, using a low pass filter, the metric associated with the memory to obtain a filtered metric;
means for providing the filtered metric to a memory management process; and
means for performing an action based on an output of the memory management process, wherein the output is based on the filtered metric, and wherein the means for performing the action comprise means for shutting down a page of the memory based on a risk of data loss associated with the page of the memory satisfying an error threshold. (claim 14)
Conclusion
STATUS OF CLAIMS IN THE APPLICATION
CLAIMS REJECTED IN THE APPLICATION
Per the instant office action, claims 1 – 20 have received a first action on the merits and are subject of a first action non-final. Claims 1, 3 – 10, 12 – 15, and 19 are rejected under a Double Patenting rejection. Claims 2, 11, 16 – 18, and 20 are rejected based upon their dependency.
Allowable Subject Matter
Claims 1 – 20 would be allowable if rewritten or amended to overcome the Double Patenting rejection set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter: for independent claims 1 and 10 the prior art of record, neither anticipates, nor renders obvious shutting down a page of a memory based on a data loss risk that is associated with the memory page satisfying an error threshold. Claims 2 – 9 and 11 – 20 depend from claims 1 and 10 respectively and would be allowable based on their dependency.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Amaki et al., US Pub. No. 2020/0293228 A1 – teaches “wherein the plurality of read methods includes a first read method in which a first time is required to perform the read operation on the non-volatile memory, and a second read method in which a second time longer than the first time is required to perform the read operation on the non-volatile memory, and the controller is configured to: select the first read method from the plurality of read methods in a case where the number of clusters of the read data is less than a predetermined number, select the first read method from the plurality of read methods in a case where the number of clusters of the read data is equal to or more than the predetermined number and the information on the error correction of the read data indicates a reliability higher than a first threshold, and select the second read method from the plurality of read methods in a case where the number of clusters of the read data is equal to or more than the predetermined number and the information on the error correction of the read data indicates a reliability lower than the first threshold.” [claim 13]
Son et al., US Patent No. 8,411,510 B2 – teaches “The first filter unit 351d may be a low-pass filter which reduces noise included the read data y[n], where the read data y[n] is provided from the memory device 120 of FIG. 1 in response to read request of the first filter 351d.” [col. 10, lines 8-12]
Ema et al., US Pub. No. 2021/0405909 A1 – teaches “In this manner, by applying moving average (a type of a low-pass filter) to raw measurement data (that is, by limiting the frequency band to a lower frequency), the number of sampling on a time axis can be reduced (for example, reduced to half) based on sampling theorem. Therefore, the sampling interval on the time axis becomes wider and the amount of data is reduced.” [para. 0052]
Iyer et al., US Pub. No. 2016/0179394 A1 – teaches “These memory system characteristics may include metrics such as total memory capacity, memory bus width, and memory speed. Once the requirements for a memory system are defined, the computer system designer then designs a memory system that fulfills the requirements.” [para. 0004]
Kim et al., US Pub. No. 2010/0313270 A1 – teaches “The noise filter 62 may be implemented in a number of ways. The foregoing described a simple moving average filter (e.g., a weighted moving average filter in which different weights are imposed on different distant samples or an exponential moving average filter in which weights decrease exponentially from the center). A simpler filter may be preferable because a simple filter may function just as well as complicated filters, but the implementation incurs less processing overhead. It is envisioned, however, that any type of filter may be used such as FIR filter (Finite duration Impulse Response filter).” [para. 0049]
Achtenberg et al., US Pub. No. 2018/0293029 A1 – teaches “The different read parameters of processes 1540, 1550 at the same second temperature include changing at least one of the following read parameters: bit line voltage (Vblc), sense amplifier integration time (SEN2), and other read parameters. The measurement of the Vt of a memory cell at two different read parameters may serve as a proxy to the actual TCO measured for a memory cell's specific physical characteristics, such as a cell's sub-threshold slope. For example, a proxy may be determined from a difference between the two measurements taken with different Vblc and/or SEN2 values expressed as follows:” [para. 0127]
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDWARD WADDY JR whose telephone number is (571)272-5156. The examiner can normally be reached M-Th 8am-5pm.
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/EW/Examiner, Art Unit 2135 /JARED I RUTZ/Supervisory Patent Examiner, Art Unit 2135
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