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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-15 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1, the limitation “detect a lower layer echo or a local peak reflected from an interface of a lower layer than a top surface of the inspection object from the reflected wave corresponding to the measurement point” is indefinite. What is the meaning of “an interface of a lower layer than a top surface of the inspection object”? Clarification is needed.
Regarding claim 14, the limitation “detecting a lower layer echo or a local peak considered as reflected from an interface of a lower layer than a top surface of the inspection object from the reflected wave corresponding to the measurement point” is indefinite. What is the meaning of “an interface of a lower layer than a top surface of the inspection object”? Clarification is needed.
The remaining claims are rejected due to their dependence.
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.
Claim 15 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because claim 15 is directed to a program, which is not one of the statutory categories (process, machine, manufacture, or composition of matter).
Conclusion
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/XIN Y ZHONG/Primary Examiner, Art Unit 2855