DETAIL ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
2. The instant application having application No. 19/258,364 has a total of 20 claims pending in the application; there are 3 independent claim and 17 dependent claims, all of which are ready for examination by the examiner.
ACKNOWLEDGEMENT OF REFERENCES CITED BY APPLICANT
Information Disclosure Statement
3. As required by M.P.E.P. 2001.06(b) and 37 C.F.R. 1.98(d), since the instant application has been identified as a continuation application of an earlier filed application and is relied upon for an earlier filing date under 35 U.S.C. 120, the examiner has reviewed the prior art cited in the earlier related application as required by M.P.E.P. 707.05 and 904 and as stated in M.P.E.P. 2001.06(b), no separate citation of the same prior art need be made by the applicants in the instant application.
IFORMATION CONCENING IDS:
4. The information disclosure statement (IDS) submitted on 10/03/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the Examiner. A copy (copies) of PTOL-1449s initialed and signed by the examiner is/are attached to the instant office action.
IFORMATION CONCENING DRAWING:
5. Application’s drawings submitted on 07/02/2025 are acceptable for examination purposes.
RELEVANT PRIOR ART CITED BY THE EXAMINER:
6. The following prior art made of record and not relied upon is cited to establish the level of skill in the applicant’s art and those arts considered reasonably pertinent to applicant’s disclosure.
Wang et al. (US 2018/0260132 A1) teaches “…concept of garbage collection that valid data from source blocks is copied to a destination block and the source block whose valid data is entirely copied to may be erased…” (par. 0028).
Yano et al. (US 2009/0248964 A1) teaches “… the superseded data being treated as invalid data; and a compaction processing for; retrieving blocks having invalid data using a management table, the management table managing blocks in a linked list format for each number of valid data included in the block…” (par. 0016).
Gorobets (US 2007/0156998 A1) teaches “During garbage collection of a closed file, data for valid files is relocated from blocks containing obsolete data. The valid data is relocated to location in another block as designated by a relocation pointer or a write pointer ” (par. 0171).
IFORMATION CONCENING Claims:
Double Patenting
7. 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.
8. Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,045,461 B2 (hereinafter “the patent”). Although the claims at issue are not identical, they are not patentably distinct from each other because all features or limitations included in the claims of instant application taught by claims of the patent. Some minor variation in use of word or order of limitations in the set of claims does not make claims of instant application patentably distinct from claims the patent.
9. The claims 1-20 of the instant application are compared with the claims of the patent in the following table.
US Patent 12,045,461 B2
US Application 19/258,364
1.A system comprising: a memory device; and
a processing device, operatively coupled to the memory device, to perform operations comprising:
identifying a victim management unit (MU) of the memory device for performing a media management operation, wherein the victim MU stores valid data; maintaining an ordered set of cursors, wherein a cursor in the ordered set of cursors corresponds to a respective range of values of a temporal metric of data referenced by the cursor, and wherein the temporal metric represents an age characteristic of the data referenced by the cursor; identifying a source cursor of the ordered set of cursors, wherein the source cursor is associated with the victim MU; identifying a target cursor of the ordered set of cursors, wherein the target cursor follows the source cursor in the ordered set of cursors, and wherein the target cursor references one or more available MUs; and associating the valid data with the target cursor.
Claim 9:
9. A method comprising: maintaining a plurality of cursors, wherein a cursor corresponds to a range of values of a temporal metric of data referenced by the cursor, wherein the temporal metric represents an age characteristic of the data referenced by the cursor; identifying, as part of a media management operation, a victim management unit (MU) of a memory device;
identifying a first value of the temporal metric associated with valid data stored at the victim MU;
identifying a target cursor of the plurality of cursors, wherein the target cursor is associated with the first value of the temporal metric, and wherein the target cursor references one or more available MUs; and
associating the valid data with the target cursor.
1. A system comprising: a memory device; and
a processing device, operatively coupled to the memory device, to perform operations comprising:
wherein the temporal metric reflects at least one of: a time after programming associated with the valid data, a number of valid accesses of the victim MU, a frequency of accesses of the valid data, a number of times the valid data has been written, or a timestamp indicating a most recent access of the valid data;
identifying a value of a temporal metric associated with valid data stored at a victim management unit (MU),
identifying a target cursor associated with the value of the temporal metric; and
associating the valid data with the target cursor.
Claim 1:
a victim management unit (MU) of the memory device for performing a media management operation
2. The system of claim 1,
wherein the victim MU is part of a media management operation.
Claim 13:
responsive to determining that the first value of the temporal metric exceeds a maximum metric value, removing the victim MU from the media management operation.
3. The system of claim 2, further comprising:
responsive to determining that the value of the temporal metric exceeds a threshold value, removing the victim MU from the media management operation.
2. The system of claim 1, wherein the operations further comprise:
writing the valid data at the one or more available MUs referenced by the target cursor.
4. The system of claim 1, further comprising:
writing the valid data at one or more available MUs referenced by the target cursor.
12. The method of claim 9, further comprising:
responsive to associating the valid data with the target cursor, incrementing the first value of the temporal metric associated with the valid data.
5. The system of claim 1, further comprising:
responsive to associating the valid data with the target cursor, incrementing the value of the temporal metric associated with the valid data.
14. The method of claim 9, further comprising:
erasing the victim MU; and marking the victim MU as free.
6. The system of claim 1, further comprising:
erasing the victim MU; and marking the victim MU as free.
9. A method comprising:
maintaining a plurality of cursors,
wherein a cursor corresponds to a range of values of a temporal metric of data referenced by the cursor,…
identifying a target cursor of the plurality of cursors
…
7. The system of claim 1, further comprising:
maintaining a plurality of cursors, wherein the plurality of cursors comprises the target cursor, and
wherein a cursor of the plurality of cursor corresponds to a range of values of the temporal metric of data referenced by the cursor.
9. A method comprising: maintaining a plurality of cursors, wherein a cursor corresponds to a range of values of a temporal metric of data referenced by the cursor,
wherein the temporal metric represents an age characteristic of the data referenced by the cursor; identifying, as part of a media management operation, a victim management unit (MU) of a memory device;
identifying a first value of the temporal metric associated with valid data stored at the victim MU;
identifying a target cursor of the plurality of cursors, wherein the target cursor is associated with the first value of the temporal metric, and
wherein the target cursor references one or more available MUs; and
associating the valid data with the target cursor.
8. A method comprising:
wherein the temporal metric reflects at least one of: a time after programming associated with the valid data, a number of valid accesses of the victim MU, a frequency of accesses of the valid data, a number of times the valid data has been written, or a timestamp indicating a most recent access of the valid data;
identifying a value of a temporal metric associated with valid data stored at a victim management unit (MU),
identifying a target cursor associated with the value of the temporal metric; and
associating the valid data with the target cursor.
Claim 9:
…
identifying, as part of a media management operation, a victim management unit (MU)
13. The method of claim 9, further comprising:
responsive to determining that the first value of the temporal metric exceeds a maximum metric value, removing the victim MU from the media management operation.
9. The method of claim 8,
wherein the victim MU is part of a media management operation, and wherein the method further comprises:
responsive to determining that the value of the temporal metric exceeds a threshold value, removing the victim MU from the media management operation.
10. The method of claim 9, further comprising:
writing the valid data at the one or more available MUs referenced by the target cursor.
10. The method of claim 8, further comprising:
writing the valid data at one or more available MUs referenced by the target cursor.
12. The method of claim 9, further comprising:
responsive to associating the valid data with the target cursor, incrementing the first value of the temporal metric associated with the valid data.
11. The method of claim 8, further comprising:
responsive to associating the valid data with the target cursor, incrementing the value of the temporal metric associated with the valid data.
14. The method of claim 9, further comprising:
erasing the victim MU; and marking the victim MU as free
12. The method of claim 8, further comprising:
erasing the victim MU; and marking the victim MU as free.
9. A method comprising:
maintaining a plurality of cursors,
wherein a cursor corresponds to a range of values of a temporal metric of data referenced by the cursor,…
identifying a target cursor of the plurality of cursors…
13. The method of claim 8, further comprising:
maintaining a plurality of cursors,
wherein the plurality of cursors comprises the target cursor, and
wherein a cursor of the plurality of cursor corresponds to a range of values of the temporal metric of data referenced by the cursor.
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:
identifying a victim management unit (MU) of a memory device for performing a media management operation, wherein the victim MU stores valid data; maintaining an ordered set of cursors, wherein a cursor in the ordered set of cursors corresponds to a respective range of values of a temporal metric of data referenced by the cursor, and
wherein the temporal metric represents an age characteristic of the data referenced by the cursor;
identifying a source cursor of the ordered set of cursors, wherein the source cursor is associated with the victim MU; identifying a target cursor of the ordered set of cursors, wherein the target cursor follows the source cursors in the ordered set of cursors, and wherein the target cursor references one or more available MUs; and
associating the valid data with the target cursor.
Claim 9:
…
identifying a first value of the temporal metric associated with valid data stored at the victim MU;
identifying a target cursor of the plurality of cursors, wherein the target cursor is associated with the first value of the temporal metric,
14. A non-transitory computer-readable storage medium comprising instructions that, when executed by a processing device, cause the processing device to perform operations comprising:
wherein the temporal metric reflects at least one of: a time after programming associated with the valid data, a number of valid accesses of the victim MU, a frequency of accesses of the valid data, a number of times the valid data has been written, or a timestamp indicating a most recent access of the valid data;
identifying a target cursor associated with the value of the temporal metric; and
associating the valid data with the target cursor.
identifying a value of a temporal metric associated with valid data stored at a victim management unit (MU),
Claim 9:
…
identifying, as part of a media management operation, a victim management unit (MU)
15. The non-transitory computer-readable storage medium of claim 14,
wherein the victim MU is part of a media management operation.
13. The method of claim 9, further comprising:
responsive to determining that the first value of the temporal metric exceeds a maximum metric value,
removing the victim MU from the media management operation.
16. The non-transitory computer-readable storage medium of claim 15,
wherein the operations further comprise: responsive to determining that the value of the temporal metric exceeds a threshold value,
removing the victim MU from the media management operation.
16. The non-transitory computer-readable storage medium of claim 15, wherein the operations further comprise:
writing the valid data at the one or more available MUs referenced by the target cursor.
17. The non-transitory computer-readable storage medium of claim 14, wherein the operations further comprise:
writing the valid data at one or more available MUs referenced by the target cursor.
12. The method of claim 9, further comprising:
responsive to associating the valid data with the target cursor, incrementing the first value of the temporal metric associated with the valid data
18. The non-transitory computer-readable storage medium of claim 14, wherein the operations further comprise:
responsive to associating the valid data with the target cursor, incrementing the value of the temporal metric associated with the valid data.
20. The non-transitory computer-readable storage medium of claim 15,
wherein the operations further comprise: erasing the victim MU; and marking the victim MU as free.
19. The non-transitory computer-readable storage medium of claim 14,
wherein the operations further comprise: erasing the victim MU; and marking the victim MU as free.
Claim 9:
…
maintaining a plurality of cursors, wherein a cursor corresponds to a range of values of a temporal metric of data referenced by the cursor, wherein the temporal metric represents an age characteristic of the data referenced by the cursor… identifying a target cursor of the plurality of cursors
20. The non-transitory computer-readable storage medium of claim 14, wherein the operations further comprise:
maintaining a plurality of cursors, wherein the plurality of cursors comprises the target cursor, and wherein a cursor of the plurality of cursor corresponds to a range of values of the temporal metric of data referenced by the cursor.
DIRECTION OF FUTURE CORRESPENDENCES:
10. Any inquiry concerning this communication or earlier communications from the examiner should be directed to HASHEM FARROKH whose telephone number is (571)272-4193. The examiner can normally be reached Monday through Friday from 8:30 am - 5:00 pm.
11. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Mr. Tim Vo can be reached on (571)272-3642. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HASHEM FARROKH/Primary Examiner, Art Unit 2138
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