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 .
Response to Arguments
Applicant’s arguments, see Remarks, filed 4/2/2026, with respect to the claims have been fully considered and are persuasive. The rejection of the claims has been withdrawn.
Claim Objections
Claims 1, 8 and 9 are objected to because of the following informalities: in line 2, it appears “the physical data” should be “physical data”. Appropriate correction is required.
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 1-8 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.
Claims 1 and 8 recites the limitation "steps (7) to (8)" in the claims. There is insufficient antecedent basis for this limitation in the claim. The Examiner suggests identifying each step with a letter (e.g. “(a)”) to avoid confusion with claim numbering.
Allowable Subject Matter
Claim 9 is allowed.
Claims 1-8 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 1, the prior art of record does not disclose a method wherein said metrology examination is performed on idle wafers prior to processing, and wherein the sequencing module prioritizes processing while metrology on other wafers is concurrently being performed, thereby eliminating the need for a separate metrology module between processing steps.
Regarding claims 8 and 9, the prior art of record does not disclose a method wherein the sequencing module dynamically schedules wafer movement such that: (i) a first wafer is processed in the processing module; (ii) a second wafer, remaining idle in the wafer carrier, is simultaneously subjected to metrology within the EFEM; (iii) subsequent wafer processing is prioritized over metrology operations; and (iv) metrology operations are completed without requiring transfer to a separate metrology tool, thereby eliminating intermediate metrology transport steps between processing modules. The allowability, at least in part, resides in these facts.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLES R KASENGE whose telephone number is (571)272-3743. The examiner can normally be reached Monday - Friday 7:30am to 4pm EST.
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, Kenneth Lo can be reached at (571) 272-9774. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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CK
April 4, 2026
/CHARLES R KASENGE/Primary Examiner, Art Unit 2116
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