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 .
Response to Arguments
The prior art rejection is overcome by the amendments filed 7/31/2026.
With respect to the 101 rejection, Applicant's arguments filed 7/31/2026 have been fully considered but they are not persuasive.
Applicant argues,
the present invention is directed to a specific, hardware-parameter-driven deep learning method integrated into a heat exchange method (HEM) crystal growth apparatus to optimize semiconductor manufacturing. Unlike generic data processing networks, currently amended independent claim 11 explicitly recites obtaining preparation data directly "from a crystal growth apparatus," where the data comprises highly specific physical and structural hardware-state metrics: (1) a "deviation value of the full width at half maxima (FWHM) of seed crystal diffraction peak," which reflects spatial variance in the physical lattice quality of the seed crystal via X-ray diffraction, and (2) a "deviation value of the thermal resistance value of insulating layer," which characterizes real-time spatial non-uniformity and physical degradation of the furnace's thermodynamic boundary.
These exclusive, unconventional measurement values reflect the specific internal physical state of the equipment unique to the preparation of high-resistance gallium oxide single crystals…. the claimed combination provides a concrete improvement to the technical field of semiconductor fabrication and crystal growth control under MPEP § 2106.05(a), thereby integrating any alleged exception into a practical application (see McRO, Inc. v. Bandai Namco Games America Inc., 837 F.3d 1299 (Fed. Cir. 2016)).
Remarks 8.
The MPEP 2106.05(g) states “Below are examples of activities that the courts have found to be insignificant extra-solution activity:… iii. Selecting information, based on types of information and availability of information in a power-grid environment, for collection, analysis and display…” The claims fit neatly in this bucket. The data is directed to specialized data, representing a real system, but collecting and analyzing special data is insignificant extra-solution activity that does not amount to significantly more than the abstract idea. Therefore, the claims are ineligible for patent protection.
Applicant argues, “as independent system claim 20 recites a hardware architecture (a processor and a non-transitory memory) specifically configured to execute this unconventional sequence of physical-parameter-driven steps, the combination provides an inventive concept that is far from well-understood, routine, or conventional in the art.” Remarks 8. MPEP 2106.05(f) states “instruction to apply the abstract idea using a generic computer do not render an abstract idea eligible…” A processor and memory is a generic computer. Instruction to apply an abstract idea to a generic computer does not amount to significantly more than the abstract idea, and is patent ineligible subject matter. MPEP 2106.05(f)
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 11, 12, 14, 15 and 20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to abstract idea of a mental concept without significantly more. The claims recite collecting data, preprocessing data and inputting the preprocessed data into a neural network to predict resistivity in a gallium oxide crystal. This judicial exception is not integrated into a practical application because the additional elements such as various types of data “simply an attempt to limit the use of the abstract idea to a particular technological environment”. MPEP 2106.05(h) example vi. The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because additional elements such as a processor and storage media are generic computer parts.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/AUSTIN HICKS/Primary Examiner, Art Unit 2142
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