Prosecution Insights
Last updated: August 17, 2026
Application No. 19/237,836

MEMORY SYSTEM AND MEMORY CONTROL METHOD

Non-Final OA §DP
Filed
Jun 13, 2025
Priority
Sep 17, 2021 — JP 2021-152518 +2 more
Examiner
DOAN, KHOA D
Art Unit
Tech Center
Assignee
KIOXIA Corporation
OA Round
1 (Non-Final)
90%
Grant Probability
Favorable
1-2
OA Rounds
10m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 90% — above average
90%
Career Allowance Rate
324 granted / 361 resolved
+29.8% vs TC avg
Moderate +8% lift
Without
With
+7.8%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 0m
Avg Prosecution
14 currently pending
Career history
371
Total Applications
across all art units

Statute-Specific Performance

§101
7.7%
-32.3% vs TC avg
§103
52.2%
+12.2% vs TC avg
§102
9.8%
-30.2% vs TC avg
§112
22.6%
-17.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 361 resolved cases

Office Action

§DP
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 . 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, 8-9, 15-16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 6, 11, 15-16 of U.S. Patent No.12,373,099. Although the claims at issue are not identical, they are not patentably distinct from each other because of the following analysis: Instant application 19/237,836 U.S. Patent 12,373,099 1. A memory system, comprising: a memory chip including: a memory cell array including a first data area and a second data area; a first interface circuit configured to receive a program command for storing data in the memory cell array at an address; a first control circuit configured to control a program operation of data to the first data area based on the program command and the address; a control chip including: a second interface circuit configured to receive a write command including data and an address from a host; and a second control circuit configured to issue the program command to the memory chip based on the write command, wherein when a first command is received by the control chip from the host, the second control circuit is configured to read data written by a first writing method corresponding to a first number of cell bits from the first data area, and then rewrite the just read data to the second data area by a second writing method corresponding to a second number of cell bits less that is less than the first number of cell bits, and when a read command corresponding to the read data associated with the first command is received from the host after the first command, the second control circuit is configured to read the rewritten data from the second data area and transfer the data to the host. 1. A memory system, comprising: a memory array; and a controller configured to: when a write command is received is received from a host device, cause first data to be written into the memory array by a first method which provides a first read transfer time to the host device when the first data is read, when a first command is received, cause the first data written by the first method to be read from the memory array, then rewritten into the memory array by a second method which provides a second read transfer time when the first data is read, the second read transfer time being less than the first read transfer time, and when a read command is received after the first command, cause the first data written by the second method to be read from the memory array and transferred to the host device. 4. The memory system according to claim 1, wherein the memory array has a different memory area for each of the first and second methods. 8. The memory system according to claim 1, wherein the memory chip stores a lookup table, and the second control circuit is configured to change the lookup table in response to the rewrite after the first command is received, the lookup table being changed to reflect the movement of data from the first data area to the second data area by the rewrite. 6. The memory system according to claim 1, wherein the controller is configured to maintain a logical-to-physical address conversion table for converting a logical address of data designated by the host device into a physical address of the memory array and to update the logical-to-physical address conversion table upon rewriting the first data using the second method in response to the first command. 9. A memory control chip, comprising: a host interface circuit configured to receive a write command including data and an address from a host; and a control circuit configured to issue a program command to a memory chip based on the write command, wherein when a first command is received by the host interface circuit from the host, the control circuit is configured to read data written by a first writing method corresponding to a first number of cell bits from a first data area in a memory chip, and then rewrite the just read data to a second data area in the memory chip by a second writing method corresponding to a second number of cell bits less that is less than the first number of cell bits, and when a read command corresponding to the read data associated with the first command is received by the host interface circuit from the host after the first command, the control circuit is configured to read the rewritten data from the second data area and transfer the data via the host interface circuit to the host. 11. A memory controller, comprising: a host interface configured to communicate with a host device and receive commands from the host device; a memory interface configured to communicate with a memory array; and a processor configured to: when a write command is received is received from the host device, cause first data to be written into the memory array by a first method which provides a first read transfer time to the host device when the first data is read, when a first command is received, cause the first data written by the first method to be read from the memory array, then rewritten into the memory array by a second method which provides a second read transfer time when the first data is read, the second read transfer time being less than the first read transfer time, and when a read command is received after the first command, cause the first data written by the second method to be read from the memory array and transferred to the host device. 15. The memory control chip according to claim 9, wherein the memory chip stores a lookup table, and the control circuit is configured to change the lookup table in response to the rewrite after the first command is received, the lookup table being changed to reflect the movement of data from the first data area to the second data area by the rewrite. 15. The memory controller according to claim 14, wherein the processor is further configured to update the logical-to-physical address conversion table to associate the logical address of the first data with the initial location from the secondary logical-to-physical address conversion table upon receiving either a second command from the host device via the host interface or a power down notice. 16. A memory control method, comprising: receiving a write command including data and an address from a host; and issue a program command to a memory chip based on the write command, wherein when a first command is received from the host, data written by a first writing method corresponding to a first number of cell bits is read from a first data area in a memory chip, and then the just read data is rewritten to a second data area in the memory chip by a second writing method corresponding to a second number of cell bits less that is less than the first number of cell bits, and when a read command corresponding to the read data associated with the first command is received from the host after the first command, the rewritten data is read from the second data area and then transferred to the host. 18. A memory control method, comprising: writing first data into a memory array using a first writing method which provides a first read transfer time to the host device when the first data is read; upon receiving a first command from a host device, reading the first data designated by the first command from the memory array and then rewriting the data to the memory array using a second writing method which provides a second read transfer time to the host device when the first data is read, the second read transfer time being less than the first read transfer time; and upon receiving a read command from the host device after the first command, causing the first data written by the second writing method to be read from the memory array and transferred to the host device. Claim 6 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,373,099 in view of JEDEC Standard Version 1.01, November 2023. Patent 12,373,099 does not disclose “The memory system according to claim 1, wherein the first interface circuit is a Universal Flash Storage (UFS) host controller interface (UFSHCI), Version 2.1, March 2016.” However, UFS standard suggests using the UFS host interface, and device interface for fast data transmission ( Section 1, Section 4). One of ordinary skill in the art, before the effective filing date of the claimed invention, would have been motivated to incorporate the JEDEC standard into the Patent 12,373,099 to obtain the claimed limitation above. The motivation for doing so is to apply a known technique in to a system/method of Patent 12,373,099 to yield predictable result. Claims 1, 9, 16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1, 11, and 18 of U.S. Patent No. 11,809,708 in view of Lee et al (U.S. 10,515,693). Regarding claim 1: Claims 1 and 4 of Patent 11,809,708 discloses “A memory system, comprising: a memory array having a plurality of memory cells configured to store two or more bits of data in each of the memory cells; and a memory controller configured to cause data to be written into of the plurality of memory cells using writing methods for different number of bits of data and cause the data written into the plurality of memory cells to be read, wherein when a first command is received from a host, the memory controller is configured to cause data indicated by the first command to be read from the plurality of memory cells, and then cause the read data to be rewritten into the plurality of memory cells using a writing method for a fewer number of bits per memory cell than the writing method used to write the data to the plurality of memory cells before the reading of the data, and when a read command corresponding to the data indicated by the first command is received from the host after the first command, the memory controller is configured to read the rewritten data from the plurality of memory cells, and then transfer the data to the host; wherein the memory array has a memory area for each of the different writing methods”. However, Patent 11,809,708, does not disclose first interface circuit, a first control circuit, a control chip including a second interface. In an analogous art of storage management, Lee discloses a data storage apparatus (Fig. 1) comprises a controller which further includes memory interface, a host interface. The controller is configured to receive read/write commands from host, and issues commands or performs read/write operations to memory devices (5:5-15, 6:1-15). One of ordinary skill in the art, before the effective filing date of the claimed invention, would have been motivated to incorporate the teaching of Lee into the Patent 11,809,708 to obtain the claimed limitation above. The motivation for doing so is to apply a known device/technique into the system ready for improvement of Patent 11,809,708 to yield predictable result. Claims 9 and 16 recites similar limitations correspond to claims 11 and 18 of Patent 11,809,708, and are rejected under same rationale cited in claim 1. Allowable Subject Matter Claims 1-20 are allowed if overcome the double patenting rejection above. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Bi et al (U.S. 2023/0305738) discloses a technique to write data in either SLC or MLC cells of a non-volatile memory device. Any inquiry concerning this communication or earlier communications from the examiner should be directed to KHOA D DOAN whose telephone number is (571)272-5950. The examiner can normally be reached Mon-Fri 1000-1700. 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, ROCIO DEL MAR PEREZ-VELEZ can be reached at 571-270-5935. 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. /KHOA D DOAN/Primary Examiner, Art Unit 2133
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Prosecution Timeline

Jun 13, 2025
Application Filed
Aug 05, 2026
Non-Final Rejection mailed — §DP (current)

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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
90%
Grant Probability
98%
With Interview (+7.8%)
2y 0m (~10m remaining)
Median Time to Grant
Low
PTA Risk
Based on 361 resolved cases by this examiner. Grant probability derived from career allowance rate.

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