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
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claim 1 is/are rejected under 35 U.S.C. 101 as claiming the same invention as that of claim 1 of prior U.S. Patent No. 12,449,997. This is a statutory double patenting rejection.
19/347,951
12,449,997
1. A method comprising: receiving data; determining redundancy data for the received data; storing the received data and the redundancy data in one or more memory modules of a group of memory modules; receiving a read data request; and reconstructing the requested data, based on an erase data operation preventing a read data operation on the one or more memory modules where the requested data is stored, wherein a time delay to reconstruct the requested data is less than a time period where a memory module of the group of memory modules is in an erase state.
1. A method comprising: receiving data; determining redundancy data for the received data; storing the received data and the redundancy data in one or more memory modules of a group of memory modules; receiving a read data request; and reconstructing the requested data, based on an erase data operation preventing a read data operation on the one or more memory modules where the requested data is stored, wherein a time delay to reconstruct the requested data is less than a time period where a memory module of the group of memory modules is in an erase state.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Flynn teaches data reconstruction relative to ECC codewords in read before write operations. Wu teaches RMW operations but only delaying reads for possible data reconstruction.
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/BRIAN R PEUGH/ Primary Examiner, Art Unit 2133
