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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on June 24, 2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement 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 1-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,366,966. Although the claims at issue are not identical, they are not patentably distinct from each other because the patented application anticipates the claimed subject matter as recited.
19/248,298
12,366,966
1. A memory system comprising: a memory; and
a controller configured to:
execute a first tracking process to determine a value of a first voltage in a first process that is carried out independently of a request from a host;
execute a first data read process to read first data from the memory in response to receiving a read request;
transmit a command with the first voltage to the memory for the memory to execute a second tracking process using the first voltage when error correction of the first data fails; receive a value of a second voltage from the memory as a result of the second tracking process; and
execute a second data read process using the second voltage to read second data from the memory.
1. A memory system comprising: a nonvolatile memory including a plurality of memory cells; and a memory controller configured to execute a data read process of reading data from the plurality of memory cells, wherein the memory controller is further configured to:
execute a first tracking process to determine a value of a first voltage in a patrol process that is carried out independently of a request from a host;
execute a first data read process to read first data from the nonvolatile memory in response to receiving a read request from the host;
cause the nonvolatile memory to execute a second tracking process using the first voltage when error correction of the first data fails; receive a value of a second voltage from the nonvolatile memory as a result of the second tracking process; and
execute a second data read process using the second voltage to read second data from the nonvolatile memory.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Takagiwa teaches tracking a read operation where error correction fails using a specific red voltage.
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/BRIAN R PEUGH/Primary Examiner, Art Unit 2133
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