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 .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Information Disclosure Statement
The Information Disclosure Statement filed on 13 May 2025 has been considered by the examiner.
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.
Claims 6-9, and 19-20 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 6 recites the limitation “when the first page is determined to be a slow memory”. It is unclear how this limitation is to be interpreted, as it is not determined whether the first page is a slow memory. It appears that the limitation should read “when the first memory is determined to be a slow memory”.
Claim 8 recites, “wherein the migration request to migrate the first page to the second memory depending on whether the first page is a hot page or a cold page comprises is generated based on”. It is unclear how this claim is to be read. It appears that words are missing between “comprises” and “is generated based on”.
Claim 19 recites the limitation “when the first page is determined to be a slow memory”. It is unclear how this limitation is to be interpreted, as it is not determined whether the first page is a slow memory. It appears that the limitation should read “when the first memory is determined to be a slow memory”.
The term “slow” in claims 6 and 19 is a relative term which renders the claim indefinite. The term “slow” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The limitation “slow memory” is indefinite because it is unclear what constitutes a slow memory, as a number of memories may be considered slow relative to another memory while also being considered fast relative to other memories.
The term “fast” in claims 9 and 20 is a relative term which renders the claim indefinite. The term “fast” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The limitation “fast memory” is indefinite because it is unclear what constitutes a fast memory, as a number of memories may be considered fast relative to another memory while also being considered slow relative to other memories.
Claims not referred to specifically above are rejected as depending upon a rejected claim.
Allowable Subject Matter
Claims 1-5 and 10-18 allowed.
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.
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LARRY T. MACKALL
Primary Examiner
Art Unit 2131
8 June 2026
/LARRY T MACKALL/Primary Examiner, Art Unit 2139
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