Prosecution Insights
Last updated: October 02, 2026
Application No. 19/275,178

DATA MANAGEMENT ACROSS A PERSISTENT MEMORY TIER AND A FILE SYSTEM TIER

Non-Final OA §112
Filed
Jul 21, 2025
Priority
Jul 29, 2020 — continuation of 11/397,534 +2 more
Examiner
KHAN, MASUD K
Art Unit
2132
Tech Center
2100 — Computer Architecture & Software
Assignee
Netapp Inc.
OA Round
1 (Non-Final)
88%
Grant Probability
Favorable
1-2
OA Rounds
1y 2m
Est. Remaining
94%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allowance Rate
398 granted / 455 resolved
+32.5% vs TC avg
Moderate +7% lift
Without
With
+6.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
19 currently pending
Career history
483
Total Applications
across all art units

Statute-Specific Performance

§101
2.4%
-37.6% vs TC avg
§103
63.5%
+23.5% vs TC avg
§102
16.7%
-23.3% vs TC avg
§112
11.1%
-28.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 455 resolved cases

Office Action

§112
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 . Claim Objections Claims 23, 33 and 35 are objected to because of the following informalities: Each claim recites “an indicator that that up-to-date data is stored ….” The second occurrence of “that” should be deleted. Appropriate correction is required. Claim 29 is objected to because of an informal and grammatically unclear recitation. Claim 29 recites “instructions for performing a method, which when executed by a machine, causes the machine to ….” It is unclear whether “which” refers to the recited method or the instructions; further, the plural noun “instructions” does not agree with “causes.” Appropriate correction is required. For example, Applicant may amend the claim to recite: “A non-transitory machine-readable medium storing instructions that, when executed by a machine, cause the machine to: …” Claim 34 is objected to because of an informal recitation. In the final limitation, claim 34 states, “wherein the executing includes: execute an operation ….” The recitation lacks grammatical consistency with the preceding “wherein the executing includes” language. Appropriate correction is required, for example, by replacing “execute” with “executing.” Appropriate correction is required. 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 25-26, 30, 37 and 38 are 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. Each of claims 25, 26, 30, 37, and 38 recites accessing “a location within the persistent memory of an inofile” for a respective volume or volume snapshot. The term “inofile” does not have an established meaning in the art, and the claims do not identify what an “inofile” is or otherwise provide a sufficiently definite relationship between the recited “inofile,” the persistent memory, and the inodes. Thus, it is unclear what structure or data object is being claimed and, consequently, the metes and bounds of the claims cannot be determined. Applicant may amend the claims to clarify the term “inofile,” for example, by reciting the intended data structure or file and its relationship to the volume, persistent memory, and inodes. Allowable Subject Matter The following is an examiner’s statement of reasons for allowance: Independent claim 21 recites the following allowable subject matter: “determining that the data is stored across a file system tier and a persistent memory tier of the node; and executing the cross-tier operation upon a storage file system managed by the file system tier and a persistent memory file system managed by the persistent memory tier, wherein the executing includes: executing an operation directed to a block of the storage file system by retrieving up-to-date data of the block from the persistent memory file system for creating a snapshot capturing data stored across the storage file system and the persistent memory file system.” Closest prior arts Kanno [US 2016/0364142 A1] and Golander al. [US 2017/0371889 A1] alone or in combination, fail to teach or suggest determining that data is stored across both a file-system tier and a persistent-memory tier of a node, and, when creating a snapshot spanning the respective storage file system and persistent-memory file system, retrieving up-to-date data for a block from the persistent-memory file system to execute an operation directed to that block of the storage file system. In particular, the cited references do not disclose coordinating a cross-tier snapshot operation in which the persistent-memory file system supplies the current version of block data for the storage file system, thereby capturing consistent data across both tiers. Accordingly, the claimed subject matter is allowable over Kanno and Golander. Similarly Claims 29 and 34 recite same allowable subject matter as claim 21. Under the same rationale of allowable subject matter as of claim 21, Claims 29 and 34 are also considered to contain allowable subject matter. Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.” Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MASUD K KHAN whose telephone number is (571)270-0606. The examiner can normally be reached Monday-Friday (8am-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, Hosain Alam can be reached at (571) 272-3978. 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. /MASUD K KHAN/ Primary Examiner, Art Unit 2132
Read full office action

Prosecution Timeline

Jul 21, 2025
Application Filed
Jul 28, 2026
Non-Final Rejection mailed — §112
Sep 22, 2026
Examiner Interview Summary
Sep 22, 2026
Applicant Interview (Telephonic)

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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
88%
Grant Probability
94%
With Interview (+6.8%)
2y 4m (~1y 2m remaining)
Median Time to Grant
Low
PTA Risk
Based on 455 resolved cases by this examiner. Grant probability derived from career allowance rate.

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