Prosecution Insights
Last updated: October 02, 2026
Application No. 18/223,703

INFORMATION PROCESSING APPARATUS, STORAGE MEDIUM, AND PROCESS CONDITION OPTIMIZATION METHOD

Non-Final OA §102§103
Filed
Jul 19, 2023
Priority
Jul 22, 2022 — JP 2022-117385
Examiner
KITT, STEPHEN A
Art Unit
1717
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Tokyo Electron Limited
OA Round
3 (Non-Final)
55%
Grant Probability
Moderate
3-4
OA Rounds
2m
Est. Remaining
93%
With Interview

Examiner Intelligence

Grants 55% of resolved cases
55%
Career Allowance Rate
299 granted / 547 resolved
-10.3% vs TC avg
Strong +39% interview lift
Without
With
+38.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 5m
Avg Prosecution
40 currently pending
Career history
602
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
60.4%
+20.4% vs TC avg
§102
18.0%
-22.0% vs TC avg
§112
20.3%
-19.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 547 resolved cases

Office Action

§102 §103
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 . The Applicant’s amendment filed on June 18, 2026 was received. Claims 1-4 and 8 were amended and claim 9 was newly added. The text of those sections of Title 35, U.S.C. code not included in this action can be found in the prior Office actions issued January 12, 2026 and May 5, 2026. Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on June 18, 2026 has been entered. Claim Rejections - 35 USC § 102 and 103 The claim rejections under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Morisawa et al. (US 2008/0306615) on claims 1-5 and 8 are maintained. The rejections are restated below. Claim 9 is rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Morisawa et al. Regarding claim 1: Morisawa et al. discloses a control device for a substrate processing apparatus, the control device having ROM (205) and RAM (210) storage, an equipment controller (200) with a number of different circuitry functions, including an input unit (250) which is a registration reception circuitry receives information input from the user via a keyboard (705) and/or touch panel (710), the information containing the ID of a process recipe stored in the storage, which can be considered process log information being performed under certain process conditions, the recipe data including temperature, time and flow rate of gasses for each step, a process recipe determination unit (260) which is an identification circuitry that identifies the proper recipe info based on the entered registration ID and name information sent by the input unit (250), a temperature acquisition unit (265) which is a process condition acquisition circuitry that identifies and acquires a process condition (such as temperature, but this is only one example) from the recipe data for each desired step, which is a portion of the recipe, a correction unit (290) which is an optimization circuitry that optimizes the chosen recipe data based on real-time processing conditions, and a communication unit (280) which is an output circuitry that outputs the newly corrected recipe data to process module controller (300) as well as an output unit (285) which outputs the information to a monitor (715) (pars 69-71, 77-78, 81-82, 117, 120-122, 124-125, figures 6, 10-12). While recipe data is functionally the same as log data such that it reads on the claim, Morisawa et al. does fail to explicitly disclose that the controller (200) performs these functions with log data. However, Morisawa et al. does explicitly state that the controller (200) receives real-time process data and stores historical records of the recipes used (par. 42-43) such that it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to try using log data rather than just recipe data, because Morisawa et al. suggests that the historical record data should correspond to the recipe data (par. 42-43) such that either set of data would be identical and therefore equivalent to the other, and substituting functional equivalents is not considered to be a patentable advance (MPEP 2143, 2144.06). Regarding claims 2-4: Morisawa et al. discloses that the recipe data which the registration information points to can include a number of different types of data including process gas flow rate data (par. 13) such that the recipe determination unit (260) identifies the relevant recipe having the same process gas data, and Morisawa et al. further teaches that the input unit also includes process recipe name data (par. 71) which would indicate the process type. Regarding claim 5: Morisawa et al. discloses that this control device can be used with film formation deposition processes or etching processes (par. 56). Regarding claim 8: Morisawa et al. discloses that the temperature acquisition unit (265) can acquire the stage heater temperature for an entire recipe or for each individual timed step of a recipe such that it acquires the desired step based on time between subsequent steps (par. 117, figure 6). Regarding claim 9: Morisawa et al. discloses that the temperature acquisition unit (265) identifies and acquires the process conditions based on either temperature, pressure data, gas flow rate data or plasma application power data (par. 13, 78). Response to Arguments Applicant's arguments filed June 18, 2026 have been fully considered but they are not persuasive. Applicant primarily argues that Morisawa et al. does not teach identifying one or more specific steps from the log information, as newly added to claim 1. In response: Applicant is incorrect- paragraph 117 of Morisawa et al. teaches that the process condition (i.e. temperature in this case) can be set to be constant for each recipe such that the conditions are acquired before the recipe starts, or alternatively the condition can be specified at each separate step of the recipe such that the conditions are acquired on a step-by-step basis, which meets the instant claim limitations, particularly because Morisawa et al. teaches that these conditions are different based on the process gas used (figure 6) and can indeed correspond to flow information about the process gas (par. 78). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHEN A KITT whose telephone number is (571)270-7681. The examiner can normally be reached M-F 9am-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, Dah-Wei Yuan can be reached at 571-272-1295. 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. /S.A.K/ Stephen KittExaminer, Art Unit 1717 9/1/2026 /Dah-Wei D. Yuan/Supervisory Patent Examiner, Art Unit 1717
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Prosecution Timeline

Jul 19, 2023
Application Filed
Jan 12, 2026
Non-Final Rejection mailed — §102, §103
Mar 10, 2026
Response Filed
May 05, 2026
Final Rejection mailed — §102, §103
Jun 18, 2026
Request for Continued Examination
Jun 22, 2026
Response after Non-Final Action
Sep 04, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
55%
Grant Probability
93%
With Interview (+38.7%)
3y 5m (~2m remaining)
Median Time to Grant
High
PTA Risk
Based on 547 resolved cases by this examiner. Grant probability derived from career allowance rate.

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