Prosecution Insights
Last updated: October 27, 2026
Application No. 18/520,275

REAL-TIME PROCESS MARGIN-BASED LAYOUT OPTIMIZATION

Non-Final OA §101
Filed
Nov 27, 2023
Examiner
KIK, PHALLAKA
Art Unit
Tech Center
Assignee
Globalfoundries U S Inc.
OA Round
1 (Non-Final)
91%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
92%
With Interview

Examiner Intelligence

Grants 91% — above average
91%
Career Allowance Rate
876 granted / 965 resolved
+30.8% vs TC avg
Minimal +2% lift
Without
With
+1.6%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 2m
Avg Prosecution
16 currently pending
Career history
979
Total Applications
across all art units

Statute-Specific Performance

§101
32.5%
-7.5% vs TC avg
§103
16.3%
-23.7% vs TC avg
§102
26.5%
-13.5% vs TC avg
§112
9.1%
-30.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 965 resolved cases

Office Action

§101
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 . This Office Action responds to the Application filed on 11/27/2023 and IDS filed on 11/27/2023 and 11/19/2024. Claims 1-16 are pending. Claim Objections Claims 1-16 are objected to because of the following informalities: As per claims 1, 15, 16, --the dimension and the parasitics information—should be inserted after “both” (last line, claims 1,15 and 16) to clearly indicate what “both” refer to. As per claims 2-14¸the claims are also objected to for incorporating the above errors into the respective claims by claim dependency. Appropriate correction is required. 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 1-16 are rejected under 35 U.S.C. 101 because the claimed invention lacks patentable utility. The claims merely “provides” data (i.e., representation of a first layout, collection of design information) to a client, without performing any calculations or analysis (i.e., when interpreting that the collection of design information was already calculated—that is, no calculation occurred as part of this process). Applicant may want to positively insert the steps/operations of calculating or generating or extracting at least a collection of design information comprising the dimension extracted from the first layout, parasitics information related to the dimension, margin information related to a ground rule applicable to the dimension, or both the [dimension and the parasitics information]. However, Applicant should note that even with this modification, the claims would still be rejected under 35 USC 101 as discussed below. Claims 1-16 are also rejected under 35 U.S.C. 101 because the claimed invention is directed to judicial exception of abstract ideas involving mathematical calculations without significantly more (when interpreting the claims implicitly involve the process of calculating the collection of design information or upon Applicant’s amendment to explicitly recite this step/operation). That is, using the flow chart for subject matter eligibility test for product and processes (MPEP 2106), the claims would be directed to statutory categories (i.e., process, machine and product/article of manufacture, respectively), under Step 1, Prong One. The claim(s) implicitly recite(s) the judicial exception of the step/operation of calculating the collection of design information, prior to providing it to the client, under step 2A. This judicial exception is not integrated into a practical application (step 2B) because it is NOT being recited as part of the circuit design and analysis of the circuit design (that is, there is no recitation of a step/operation of designing and/or analyzing the layout design based on the provided collection of design information, or modifying the layout design using the provided collection of design information or locating errors on the layout design using the provided collection of design information). The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception (Prong Two) because the steps/operations of providing are merely generic computer inputs/outputs. Allowable Subject Matter Claims 1-16 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 101, and if rewritten or amended to overcome the minor informalities objections, set forth in this Office action. The following is a statement of reasons for the indication of allowable subject matter: As per claims 1-16, the independent claims 1, 15 and 16, from which the respective claims depend, recite the method/system/non-transient computer readable media, comprising a combination of inventive steps/operations comprising calculating a collection of design information calculated according to the first layout to the client, the collection of design information including a dimension extracted from the first layout, and further including parasitics information related to the dimension, margin information related to a ground rule applicable to the dimension, or both the dimension and the parastics information, as claimed, which the prior arts made of record failed to teach or suggest. In particular, Brink et al. (US Patent Application Publication No. 20130326445 A1) teaches providing the collection of information, in a server/client system (Fig. 1, paragraphs [0044]), which includes dimension extract from the layout (see paragraph [0031]) and design rule violations relating to the dimension or spacing information (see paragraph [0031]); Koizumi (US Patent Application Publication No. 20110119645 A1) teaches categorizing and displaying of design rule errors, using design rule checking or ground rule checking, more than one violations of a design rule withing a design layout, that includes dimensions related information (see paragraphs [0002], [0021]-[0023]); St. John et al. (US Patent Application Publication No. 20090265672 A1) teaches a parasitic constraint analyzer as part of the design of an anlog integratred circuit to determine a layout complies with parasitic constraints (see abstract). However, the prior arts made of record failed to teach or suggest the combination of collection of design information that includes the a dimension extracted from the first layout, and parasitics information related to the dimension, margin information related to a ground rule applicable to the dimension, or both the dimension and the parastics information, as claimed. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHALLAKA KIK whose telephone number is (571)272-1895. The examiner can normally be reached Maxiflex Mon-Fri 8:30AM-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, Jack Chiang can be reached at 5712727483. 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. Any response to this action should be mailed to: Commissioner for Patents P. O. Box 1450 Alexandria, VA 22313-1450 or faxed to: 571-273-8300 /PHALLAKA KIK/Primary Examiner, Art Unit 2851 October 3, 2026
Read full office action

Prosecution Timeline

Nov 27, 2023
Application Filed
Dec 12, 2023
Response after Non-Final Action
Oct 06, 2026
Non-Final Rejection mailed — §101 (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

1-2
Expected OA Rounds
91%
Grant Probability
92%
With Interview (+1.6%)
2y 2m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 965 resolved cases by this examiner. Grant probability derived from career allowance rate.

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