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 .
Election/Restrictions
Claims 1-5 were withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 3/19/2026.
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 6-10 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract without significantly more.
Claim 6 recite(s) “determining temperatures of the substrate by reflecting correction values, stored in advance, in the temperatures of the substrate measured outside the chamber”. This judicial exception is not integrated into a practical application because it is not integrated into practical application. The measured temperature is not employed in any manner. The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the “taking a substrate” step of claim 6 would be considered a routine operation in the field and the “measuring temperatures” step of claim 6 would be considered a routine operation in the field.
Claim 7 only serves to define where a location of the routine activity of claim 6.
Claim 8 contains three data storing steps that only would all likely be considered to be insignificant extra-solution activity and an appending of well-understood, routine, conventional data storage practices previously known to the industry, specified at a high level of generality.
Claim 9 defines the type of data stored but does not provide a specific calculation other than to say that the data represents a difference between two data sets and would be considered insignificant extra-solution activity and an appending of well-understood, routine, conventional data storage practices previously known to the industry, specified at a high level of generality.
Claim 10 further defines claim 9 so as to essentially use the data acquired in claim 9 or to “apply it”. See MPEP 2106.05(f). This application would be considered an appending of well-understood, routine, conventional heating practices previously known to the industry, specified at a high level of generality.
Conclusion
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/ANDREW J BOWMAN/Examiner, Art Unit 1717
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