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 .
Election/Restrictions
Applicant’s election without traverse of claims 1-21 of Group I in the reply filed on 01/21/2026 is acknowledged.
Information Disclosure Statement
The references listed in the Information Disclosure Statement filed on 12/19/2022 have been considered by the examiner (see attached PTO-1449 forms).
Claim Rejections - 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 1-21 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
The claimed invention is directed to an abstract idea without significantly more.
Claim 1 recites a method for controlling a plasma tool, comprising:
receiving, by a processor, a first set of metric data from a plasma tool;
analyzing the first set of metric data to determine a first location and a first time window for capturing of a second set of metric data;
providing, by the processor, the first location and the first time window to a data processing system of the plasma tool;
receiving the second set of metric data captured at the first location and for the first time window;
analyzing the second set of metric data to generate variable data; and
controlling the plasma tool according to the variable data…
and thus grouped as Mathematical concepts – mathematical relationships, mathematical formulas or equations, mathematical calculations.
These judicial exceptions are not integrated into a practical application because the additional elements, the data gathering step, (claim 1) “receiving, by a processor, a first set of metric data from a plasma tool,” and “providing, by the processor, the first location and the first time window to a data processing system of the plasma tool;
receiving the second set of metric data captured at the first location and for the first time window,” are mere data gathering that do not add a meaningful limitation to the method as they are insignificant extra-solution activity. Furthermore, the additional elements (claim 10) the “processor” are recited as performing generic computer functions routinely used in computer applications. Generic computer components recited as performing generic computer functions amount to no more than using a computer as a tool to perform an abstract idea. Furthermore, the additional element, “controlling the plasma tool …” is generally linking the use of the judicial exception to a particular technological environment or field of use. All of which are considered not indicative of integration into a practical application (see “Federal Register / Vol. 84, No. 4/ Monday, January 7, 2019 / Notices” – page 55, second column).
The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional elements of the data gathering steps are mere data collect steps which fall under insignificant extra solution activity and deemed insufficient to qualify as “significantly more” - see MPEP 2106.05(g). The additional elements of the processor are mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea and deemed insufficient to qualify as “significantly more” see MPEP 2106.05(f). The additional element, “controlling the plasma tool …” is generally linking the use of the judicial exception to a particular technological environment or field of use and deemed insufficient to qualify as “significantly more” see MPEP 2106.05(h)
Dependent claims 2-21 when analyzed as a whole are patent ineligible under 35 U.S.C. §101 because the dependent claims fail to establish that the claims are not directed to an abstract idea as they are directed mathematical concepts and/or mental processes and do not add significantly more to the abstract idea.
Allowable Subject Matter
Claims 1-21 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 101, set forth in this Office action.
With regards to Claim 1, the prior art of record or any combination of prior art searched fails to teach the limitations of analyzing the first set of metric data to determine a first location and a first time window for capturing of a second set of metric data; providing, by the processor, the first location and the first time window to a data processing system of the plasma tool; receiving the second set of metric data captured at the first location and for the first time window; analyzing the second set of metric data to generate variable data.
Relevant Prior Art / Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Balasubramhanya et al. (US Patent Number 6,368,975 B1) discloses a method and apparatus for monitoring a process by employing principal component analysis;
Yetter et al. (US Patent Application Publication 2008/0228306 A1) discloses a data collection and analysis system for time-series data of a process tool;
Albarede et al. (US Patent Application Publication 2016/0314943 A1) discloses a plasma etching systems and methods using empirical mode decomposition.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RICKY GO whose telephone number is (571)270-3340. The examiner can normally be reached on Monday through Friday from 9:00 a.m. to 5:30 p.m.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arleen M. Vazquez can be reached on (571) 272-2619. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RICKY GO/Primary Examiner, Art Unit 2857
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