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 .
Priority
Applicant’s claim for the benefit of prior-filed applications 63/423,713 and 18/383,729, now issued as US 12,405,737, under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
All claims are examined with an effective filing date of November 8, 2022.
Claim Interpretation - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-20 are found to be eligible under 35 U.S.C. 101, but requires an analysis of the claim interpretation, as the reasons for eligibility differ a little from the analysis of the parent application claims.
Claims 1, 19, and 20 recite the step, relevant to the step 2A, Prong One analysis, of
determining whether the request comprises a first type of data or a second type of data.
This determining limitation, as drafted, is a process that, under its broadest reasonable interpretation, covers performance of the limitation in the mind. This limitation covers the ability for a user to observe a data structure and to mentally determine whether or not a request has certain data types, and more broadly just covers making a mental determination/judgment of what is contained in a data request/structure.
If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
The Step 2A, Prong Two analysis covers determining whether the judicial exception is found to be integrated into a practical application.
Claims 1, 19, and 20 recite the additional limitation of:
Receiving a request to program data into an individual portion of a set of memory components; and
Defining a partition for the individual portion of the set of memory components based on whether the request comprises the first type of data or the second type of data, the partition being for the individual portion being generated in response to receiving the request to program data corresponding to the first type of data, the first type of data comprising host data.
Claim 1 recites additional structural components of
A set of memory components; and
A processing device, operatively coupled to the set of memory components and programmed to perform the operations identified above.
Claim 20 recites a non-transitory computer-readable storage medium comprising instructions that, when executed by a processing device, cause the processing device to perform the operations identified above.
The structural limitations of claims 1 and 20 link the abstract idea to a field of use of a memory system/embodiment of a processing device. The common additional limitation receiving the request to program data links the abstract idea to a field of use, as it establishes that the context of the abstract idea is in programming data to a memory component. A mere linkage between an abstract idea and a field of use has been found insufficient to integrate a judicial exception into a practical application, see MPEP §2106.05(h).
However, MPEP 2106.04(d)(I) provides that “Limitations the courts have found indicative that an additional element (or combination of elements) may have integrated the exception into a practical application include:
An improvement in the functioning of a computer, or an improvement to other technology or technical field, as discussed in MPEP §§ 2106.04(d)(1) and 2106.05(a).”
The last limitation of the claims, defining a partition, as discussed above, is discussed in the specification to be directed to providing a greater control on storing data in partitions based on the data being stored within, resulting in reduction in PE cycles and an overall increase in data storage/the overall memory sub-system, see [0011,0019,0020]. As such, examiner finds that the defining a partition limitation is directed to an improvement in the functioning of a computer system and therefore is sufficient to integrate the exception into a practical application. As such, the claims are found eligible in the Step 2A, Prong Two analysis and does not need to proceed further.
The dependent claims recite additional details, but none of the details change the determination that parent claim 1 integrates the judicial exception into a practical application, and therefore all the claims are eligible under 35 U.S.C. 101
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 of U.S. Patent 12,405,737 contains every element of claims 1-20 of the instant application, as can be shown in the following table, and as such anticipates claims 1-20 of the instant application. “A later patent claim is not patentably distinct from an earlier patent claim if the later claim is obvious over, or anticipated by, the earlier claim. In re Longi, 759 F.2d at 896, 225 USPQ at 651 (affirming a holding of obviousness-type double patenting because the claims at issue were obvious over claims in four prior art patents); In re Berg, 140 F.3d at 1437, 46 USPQ2d at 1233 (Fed. Cir. 1998) (affirming a holding of obviousness-type double patenting where a patent application claim to a genus is anticipated by a patent claim to a species within that genus). “ ELI LILLY AND COMPANY v BARR LABORATORIES, INC., United States Court of Appeals for the Federal Circuit, ON PETITION FOR REHEARING EN BANC (DECIDED: May 30, 2001).
Claim 1, instant application
Claim 1, US 12,405,737
A memory system comprising:
a set of memory components; and
a processing device, operatively coupled to the set of memory components, and programmed to perform operations comprising:
receiving a request to program data into an individual portion of the set of memory components;
determining whether the request comprises a first type of data or a second type of data; and
defining a partition for the individual portion of the set of memory components based on whether the request comprises the first type of data or the second type of data, the partition being for the individual portion being generated in response to receiving the request to program data corresponding to the first type of data, the first type of data comprising host data.
A system comprising:
a memory sub-system comprising a set of memory components; and
a processing device, operatively coupled to the set of memory components and configured to perform operations comprising:
receiving a request to program data into an individual portion of the set of memory components;
determining whether the request comprises a first type of data or a second type of data;
defining a partition for the individual portion of the set of memory components based on whether the request comprises the first type of data or the second type of data, the partition being for the individual portion being generated in response to receiving the request to program data corresponding to the first type of data, the first type of data comprising host data …
Claim 2, instant application
Claim 2, US 12,405,737, incorporating claim 1
The memory system of claim 1, the operations comprising:
associating the partition with a bin of a plurality of bins, each of the plurality of bins representing an individual read level offset used to access a charge distribution of data stored in the individual portion of the set of memory components;
determining that the request comprises the host data; and
in response to determining that the request comprises the host data, closing the partition after a specified time interval.
The system of claim 1, the operations comprising:
associating the partition with a bin of a plurality of bins, each of the plurality of bins representing an individual read level offset used to access a charge distribution of data stored in the individual portion of the set of memory components.
determining that the request comprises the host data; and
in response to determining that the request comprises the host data, closing the partition after a specified time interval.
Claim 3, instant application
Claim 3, US 12,405,737
The memory system of claim 2, wherein the bin is a first bin representing a first read level offset, and wherein the operations comprise:
determining that a given time interval associated with the bin has elapsed since a collection of data comprising the host data was initially programmed in the partition; and
in response to determining that the given time interval associated with the bin has elapsed, associating the partition with a second bin of the plurality of bins, the second bin representing a second read level offset.
The system of claim 2, wherein the bin is a first bin representing a first read level offset, and wherein the operations comprise:
determining that the time interval associated with the bin has elapsed since a collection of data comprising the host data was initially programmed in the partition; and
in response to determining that the time interval associated with the bin has elapsed, associating the partition with a second bin of the plurality of bins, the second bin representing a second read level offset.
Claim 4, instant application
Claim 4, US 12,405,737
The memory system of claim 1, wherein the operations comprise:
preventing additional data from being stored in the partition of the individual portion of the set of memory components in response to determining that the partition has been closed
The system of claim 2, wherein the operations comprise:
preventing additional data from being stored in the partition of the individual portion of the set of memory components in response to determining that the partition has been closed.
Claim 5, instant application
Claim 5, US 12,405,737
The memory system of claim 4, wherein the partition is a first partition, and wherein the operations comprise:
receiving a request to write additional host data to the individual portion of the set of memory components after the first partition has been closed; and
in response to receiving the request to write the additional host data, programming the additional host data to a second partition of the individual portion of the set of memory components.
The system of claim 4, wherein the partition is a first partition, and wherein the operations comprise:
receiving a request to write additional host data to the individual portion of the set of memory components after the first partition has been closed; and
in response to receiving the request to write the additional host data, programming the additional host data to a second partition of the individual portion of the set of memory components.
Claim 6, instant application
Claim 6, US 12,405,737
The memory system of claim 5, wherein the operations comprise:
initiating a timer for the second partition in response to receiving the request to program the additional host data; and
closing the second partition in response to determining that the timer has reached a specified time interval.
The system of claim 5, wherein the operations comprise:
initiating a timer for the second partition in response to receiving the request to program the additional host data; and
closing the second partition in response to determining that the timer has reached the specified time interval.
Claim 7, instant application
Claim 7, US 12,405,737
The memory system of claim 1, wherein the partition is a first partition, and wherein the operations comprise:
receiving a request to write additional data corresponding to the second type of data to the individual portion of the set of memory components after the first partition has been closed; and
in response to receiving the request to write the additional data, programming the additional data to a region of the individual portion of the set of memory components that follows the first partition
The system of claim 3, wherein the partition is a first partition, and wherein the operations comprise:
receiving a request to write additional data corresponding to the second type of data to the individual portion of the set of memory components after the first partition has been closed; and
in response to receiving the request to write the additional data, programming the additional data to a region of the individual portion of the set of memory components that follows the first partition.
Claim 8, instant application
Claim 8, US 12,405,737
The memory system of claim 7, wherein the operations comprise:
identifying an individual bin of a plurality of bins associated with a partition that is programmed in the individual portion following the region in which the additional data is programmed; and
associating the individual bin with the region in which the additional data is programmed.
The system of claim 7, wherein the operations comprise:
identifying an individual bin of the plurality of bins associated with a partition that is programmed in the individual portion following the region in which the additional data is programmed; and
associating the individual bin with the region in which the additional data is programmed.
Claim 9, instant application
Claim 9, US 12,405,737
The memory system of claim 8, wherein the operations comprise:
reading the additional data from the region using a read level offset defined by the individual bin.
The system of claim 8, wherein the operations comprise:
reading the additional data from the region using a read level offset defined by the individual bin
Claim 10, instant application
Claim 10, US 12,405,737
The memory system of claim 1, wherein the operations comprise:
determining that the request comprises a portion of data corresponding to the second type of data; and
in response to determining that the request comprises the portion of data, programming the portion of data into a region of the individual portion.
The system of claim 1, wherein the operations comprise:
determining that the request comprises a portion of data corresponding to the second type of data; and
in response to determining that the request comprises the portion of data, programming the portion of data into a region of the individual portion.
Claim 11, instant application
Claim 11, US 12,405,737
The memory system of claim 1, wherein the operations comprise:
determining whether any host data is stored in the individual portion prior to a specified time period; and
in response to determining that no host data has been stored in the individual portion prior to the specified time period, folding the individual portion to refresh a region that includes a portion of data
The system of claim 10, wherein the operations comprise:
determining whether any host data is stored in the individual portion prior to a specified time period; and
in response to determining that no host data has been stored in the individual portion prior to the specified time period, folding the individual portion to refresh the region that includes the portion of data.
Claim 12, instant application
Claim 12, US 12,405,737
The memory system of claim 1, wherein the operations comprise:
determining whether any host data is stored in the individual portion prior to a specified time period; and
in response to determining that a set of host data has been stored in the individual portion prior to the specified time period, associating a region of the individual portion with an individual bin of a plurality of bins corresponding to the set of host data
The system of claim 10, wherein the operations comprise:
determining whether any host data is stored in the individual portion prior to a specified time period; and
in response to determining that a set of host data has been stored in the individual portion prior to the specified time period, associating the region of the individual portion with an individual bin of the plurality of bins corresponding to the set of host data.
Claim 13, instant application
Claim 13, US 12,405,737
The memory system of claim 12, wherein the operations comprise:
determining that the set of host data has been programmed into the partition prior to programming a portion of data;
determining that portion of data has been programmed prior to a closing time of the partition into which the set of host data has been programmed; and
defining the partition to include the set of host data and the portion of data, such that the set of host data and the portion of data are associated with the individual bin
The system of claim 12, wherein the operations comprise:
determining that the set of host data has been programmed into the partition prior to programming the portion of data;
determining that portion of data has been programmed prior to a closing time of the partition into which the set of host data has been programmed; and
defining the partition to include the set of host data and the portion of data, such that the set of host data and the portion of data are associated with the individual bin.
Claim 14, instant application
Claim 14, US 12,405,737
The memory system of claim 12, wherein the operations comprise:
determining that the set of host data has been programmed into an individual partition of the individual portion after programming a portion of data;
identifying the individual bin of the plurality of bins associated with an individual partition comprising the set of host data; and
associating the individual bin with the region in which the portion of data is programmed
The system of claim 12, wherein the operations comprise:
determining that the set of host data has been programmed into an individual partition of the individual portion after programming the portion of data;
identifying the individual bin of the plurality of bins associated with an individual partition comprising the set of host data; and
associating the individual bin with the region in which the portion of data is programmed.
Claim 15, instant application
Claim 15, US 12,405,737
The memory system of claim 1, wherein the individual portion includes a superblock comprising a plurality of memory blocks across a plurality of memory dies, wherein the first type of data comprises the host data, and wherein the second type of data comprises data other than host data.
The system of claim 1, wherein the individual portion includes a superblock comprising a plurality of memory blocks across a plurality of memory dies, wherein the first type of data comprises the host data, and wherein the second type of data comprises data other than host data.
Claim 16, instant application
Claim 16, US 12,405,737
The memory system of claim 1, wherein the set of memory components comprises a three-dimensional NAND storage device.
The system of claim 1, wherein the memory sub-system comprises a three-dimensional NAND storage device.
Claim 17, instant application
Claim 17, US 12,405,737
The memory system of claim 1, wherein the first type of data is of a type for which a partition closing time needs to be initiated, and wherein the second type of data is of a type that can be stored without generating any partition.
The system of claim 1, wherein the first type of data is of a type for which a partition closing time needs to be initiated, and wherein the second type of data is of a type that can be stored without generating any partition.
Claim 18, instant application
Claim 18, US 12,405,737
The memory system of claim 1, wherein the operations comprise skipping one or more pages of the individual portion that comprise a portion of data corresponding to the second type of data during at least one of a media scan operation or read disturb scan operation.
The system of claim 15, wherein the operations comprise skipping one or more pages of the individual portion that comprise a portion of data corresponding to the second type of data during at least one of a media scan operation or read disturb scan operation.
Claim 19, instant application
Claim 19, US 12,405,737
A method comprising:
receiving a request to program data into an individual portion of a set of memory components;
determining whether the request comprises a first type of data or a second type of data; and
defining a partition for the individual portion of the set of memory components based on whether the request comprises the first type of data or the second type of data, the partition being for the individual portion being generated in response to receiving the request to program data corresponding to the first type of data, the first type of data comprising host data.
A method comprising:
receiving a request to program data into an individual portion of a set of memory components;
determining whether the request comprises a first type of data or a second type of data;
defining a partition for the individual portion of the set of memory components based on whether the request comprises the first type of data or the second type of data, the partition being for the individual portion being generated in response to receiving the request to program data corresponding to the first type of data, the first type of data comprising host data …
Claim 20, instant application
Claim 20, US 12,405,737
A non-transitory computer-readable storage medium comprising instructions that, when executed by a processing device, cause the processing device to perform operations comprising:
receiving a request to program data into an individual portion of a set of memory components;
determining whether the request comprises a first type of data or a second type of data; and
defining a partition for the individual portion of the set of memory components based on whether the request comprises the first type of data or the second type of data, the partition being for the individual portion being generated in response to receiving the request to program data corresponding to the first type of data, the first type of data comprising host data
A non-transitory computer-readable storage medium comprising instructions that, when executed by a processing device, cause the processing device to perform operations comprising:
receiving a request to program data into an individual portion of a set of memory components;
determining whether the request comprises a first type of data or a second type of data;
defining a partition for the individual portion of the set of memory components based on whether the request comprises the first type of data or the second type of data, the partition being for the individual portion being generated in response to receiving the request to program data corresponding to the first type of data, the first type of data comprising host data; …
Prior Art Comments
No prior art is asserted against the claims in this office action.
Claims 1, 19, and 20 recite, using claim 1 for example language,
Defining a partition for the individual portion of the set of memory components based on whether the request comprises the first type of data or the second type of data, the partition being for the individual portion being generated in response to receiving the request to program data corresponding to the first type of data, the first type of data comprising host data.
During prosecution of the parent application, this subject matter was found to be allowable, see the notice of allowance mailed May 13, 2025. Upon an updated search of the art, this determination is maintained.
Bert (US 2021/0157720) and Nowell (US 2022/0137815) remains the best combination of references to address the main subject matter, but as noted in the office action mailed February 13, 2025, Bert identifies already existing partitions for storing data into, with no disclosure for creating partitions. Even in other references found, while new partitions are discussed and considered for storing new host data into, the new partitions are not created in response to the reception of the request to store data, see Murray et al. (US 6,185,666), Lawrence et al. (US 6,253,300), Stefani et al. (US 9,052,831), Squires (US 2016/0307646), Benisty et al. (US 2020/0057578), Xu et al. (US 2021/0149578), Gupta et al. (US 2021/0208808), Qi et al. (US 2021/0271572). Examiner notes that Benisty is particularly close, as Benisty does disclose creating partitions for user data when different size requests/payloads are received. However, this appears to be based on when the number of transactions of a given size is above a threshold amount, not in response to a particular/general type of data or specific data request. Further, even if Benisty’s disclosure might render the claim obvious, no motivation for incorporating Benisty appears obvious.
Consequently, the independent claims are considered to recite allowable subject matter.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Murray, Lawrence, Stefani, Squires, Benisty, Xu, Bert, Gupta, Qi, and Nowell, as cited above.
Rotbard et al. (US 9,021,181), Thibadeau (US 2003/0023867), Princehouse et al. (US 2020/0167361), Matosevich et al. (US 2022/0004320) are identified as relevant to claim 2’s discussion of closing memory partitions after a time interval,
Shukla et al. (US 2023/0418475) is identified as relevant to claim 11’s subject matter of folding operations,
Muchherla et al. (US 2022/0189545), Muchherla et al. (US 2022/0300186), Muchherla et al. (US 2022/0334752), Muchherla et al. (US 2022/0336023), Shen (US 2023/0017602), Kientz et al. (US 2023/0195379), Kientz et al. (US 2023/0266904), Kientz et al. (US 2023/0267986) all disclose the ability to identify and modify bins that are based on voltage read level offsets,
Nowell et al. (US 2022/0164106) provides for time-based comparison of when block families are created to determine whether to merge them or not, i.e. to consider them as a same partition,
Xu et al. (US 2023/0043877), Xu et al. (US 2023/0050305) discloses modifying read-level thresholds,
Shin et al. (US 2023/0153032) discloses the ability to identify writes as either being host or metadata related, as well as the ability to include a bypass module for metadata during error correction processes being performed on a die,
Rayaprolu et al. (US 2024/0062835) discloses the use of read disturb scans and media scans to identify errors due to a passage of time/loss in charge.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AARON D HO whose telephone number is (469)295-9093. The examiner can normally be reached Mon-Fri 8:00-4:00 CT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Reginald 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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/A.D.H./Examiner, Art Unit 2139
/REGINALD G BRAGDON/Supervisory Patent Examiner, Art Unit 2139
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