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 present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
The present application is being examined under the pre-AIA first to invent provisions.
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 to 20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more. Claim(s) 1 to 20 is/are directed to automatic decision making for czochraski growth. The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because there is no positive recitation in the claims to a step or device that is physical in nature. The claims merely recite abstract steps or means to perform the modeling. The modeling or deep thinking further appears to be a mere abstract concept. The mere generic mention of a computer does not satisfy the requirements, MPEP 2106.05(b).
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1 to 20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention. The specification does not teach or describe the invention in non-abstract manner. The specification does not set forth any positive steps or apparatus to be used to create the automatic thinking for the czochralski growth that is being described in this application. It appears the specification only teaches the abstract idea that is to be used to create a model and is merely an abstract idea. The mere generic mention of a computer does not satisfy the requirements, MPEP 2106.05(b).
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 to 20 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 pre-AIA the applicant regards as the invention.
The claims are indefinite for failing to particularly point out and distinctly claim the subject matter. The device and method steps as claimed are mere abstract ideas, with no recitation of any positive steps to be taken or devices, apparatus, to be used. The claims do not set forth the meets and bounds of the invention as to the exact steps or devices that are to be used to perform the process to obtain a model.
The mere generic mention of a computer does not satisfy the requirements, MPEP 2106.05(b).
Response to Applicants’ Arguments
Applicant's arguments filed October 1, 2025 have been fully considered but they are not persuasive.
Applicants’ argument concerning the 101 rejection is noted. However, while the invention may be a solution to a problem that exists in the art, the claims do not meet all the requirements to overcome a 101 rejection concerning an abstract idea. The claims do not meet all that is set forth in the two prong test. It has not been shown in the claims that applicant has not integrated the abstract idea into a particular practical application. Further, there are no physical elements present in the claims to meet the requirements of the second prong of the test, note see MPEP 2106.05(b).
Applicants’ argument concerning the 112(b) rejection has been considered and not deemed persuasive. The rejection is maintained for the same reasons that the 101 rejection is maintained.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT M KUNEMUND whose telephone number is (571)272-1464. The examiner can normally be reached M-F 8:00 am to 4:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kaj Olsen can be reached at 571-272-1344. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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RMK
/ROBERT M KUNEMUND/Primary Examiner, Art Unit 1714