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
2. Applicant’s election without traverse of claims 8-20 in the reply filed on September 19, 2025 is acknowledged.
Claim Rejections - 35 USC § 101
3. 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 8-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claim(s) recite(s) processing the data to identify a location of a spectral feature and determining a temperature of the target semiconductor material (claims 8 and 15) which cover concepts that may be performed within the mind such as judgement or evaluation falling within the “Mental Processes” grouping of abstract ideas and which cover mathematical calculations falling within the “Mathematical Concepts” grouping of abstract ideas. This judicial exception is not integrated into a practical application because ‘generating data…’ and ‘reflecting light…’ do not add meaningful limitations to the method as they appear to relate to insignificant extra-solution activity involved with data gathering. The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because ‘generating data…’ and ‘reflecting light’ are routine, well-understood, and conventional means to gather data with regards to temperature determination using reflected light.
Claims 9 and 16 which depend from claims 8 and 15 recite an abstract idea, are directed to an abstract idea, and are not patent eligible due to their dependency from claims 8 and 15. The additional limitations are still directed to an abstract idea by virtue of covering concepts that may be performed within the mind such as judgement and evaluation falling within “Mental Processes” such as making a comparison, comparing the light reflected …., and the reflecting step still appears to be routine, well-understood, and conventional means to gather data with regards to temperature determination using reflected light.
Claims 10-15 and claims 17-20 which depend from claims 8 and 15 recite an abstract, are directed to an abstract idea, and are not patent eligible due to their dependency from claims 8 and 15. These claims appear to either have steps that are insignificant extra-solution activity such as data gathering like generating or acquiring or additional limitations that are still directed to an abstract idea by virtue of covering concepts that may be performed within the mind such as judgement and evaluation falling within “Mental Processes” and concepts that cover mathematical calculations falling within “Mathematical Concepts”.
Allowable Subject Matter
4. Claims 8-20 appear to be allowable if rewritten or amended to overcome the rejection(s) under 35 USC 101, set forth in this Office action.
As for a potential amendment to place the claims in condition for allowance, the examiner suggests that the applicant refer to FIG. 1 of their disclosure.
Conclusion
5. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: please refer to the attached PTO-892.
Fax/Telephone Numbers
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Gordon J. Stock, Jr. whose telephone number is (571) 272-2431.
The examiner can normally be reached on Monday-Friday, 10:00 a.m. - 6:30 p.m.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner's
supervisor, Kara Geisel, can be reached at 571-272-2416. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GORDON J STOCK JR/
Primary Examiner, Art Unit 2877