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 3/17/1014 and IDS filed on 3/27/2024 and 11/01/2024. Claims 1-20 are pending.
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 1-12,20 are rejected under 35 U.S.C. 101 because even though the claimed invention is directed a process and a machine respectively (Step 1, in MPEP 2100 chart); the claims are directed to abstract ideas involving mathematical calculations/algorithms without significantly more (Step 2A, Prong One, in MPEP 2100 chart). The claim(s) recite(s) the judicial exception comprising the steps/operations of inferring a center and a distribution of a skew…using a deep, calculating a loss and training the deep learning module which are all mathematical calculations/algorithms. This judicial exception is not integrated into a practical application because there is no recited practical application (Step 2B, Prong Two in MPEP 2100 chart)--(i.e., the layout image corresponding to the layout data is NOT modified based on the results of the training based on the loss, similar to claim 12—that is, the results of the training is NOT being recited as being used in some way to manufacture or help support the manufacture of the semiconductor device). 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 such recitation. Thus, the claims are NOT directed to eligible under 35 USC 101.
Applicant want to add an additional step/operation at the end of claims 1 and 20, --modifying the layout image corresponding to the layout data based on a result of the trained deep learning module using the loss-- similar to claim 12 or alternatively, add an additional step that would somehow affect the manufacturing process of the semiconductor device using the result of the trained deep learning module, to provide for this integrated practical application and place the claims in patent eligible subject matter.
Allowable Subject Matter
Claims 13-19 are allowed.
Claims 1-12,20 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 101, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
As per claims 1-12,20, the independent claims 1, 20, recite the method/electronic device for (support) manufacture of a semiconductor device comprising a combination of inventive steps/operations/instructions comprising inferring a center and a distribution of a skew of each of patterns of the layout data, edges of the layout data, or both patterns and edges of the layout data, based on the layout data and the feature data using deep learning module; calculating a loss based on the center and the distribution of the skew and the skew data; and training the deep learning module based on the loss, as claimed, which the prior arts made of record failed to teach or suggest as claimed.
As per claims 13-19, the independent claim 13, from which the respective claims depend, recites the operating method of an electronic device which includes an processor and is configured to support manufacture of a semiconductor device comprising a combination of inventive steps/operations comprising inferring a center and a distribution of a skew of each of patterns or edges of the layout data based on the layout data and the feature data, by using a deep learning module; performing Monte Carlo simulation based on the center of the skew and on the distribution of the skew; and modifying a layout image corresponding to the layout data based on a result of the Monte Carlo simulation, as claimed, which the prior arts made of record failed to teach or suggest as claimed. Furthermore, under the 2019 Patent Eligibility Guideline, the claims are directed to patent eligible subject matter because (1) under Step 1, the claims are directed to a process; (2) under Step 2A,Prong One, the claims recite abstract ideas involving mathematical concepts comprising mathematical relationships, mathematical formulas or equations, and mathematical calculations in the steps/operations of inferring, performing Monte Carlo simulation; (3) under Step 2B, Prong Two, the claims recited integrated practical application involving the step of modifying the layout image corresponding the layout data based on the Monte Carlo simulation, which would directly/indirectly affect the manufacture of semiconductor device as known in the art; thus resulting in significantly more than the judicial exception (see MPEP 2106). Additionally, the claims are NOT directed to a mental process since one of ordinary skilled in the art at the time of the filing of the invention, would NOT reasonably be able to perform the method mentally since the calculations would involve large amount of data associated with the electronic design, as normally found in the art of computer-aided design and analysis of circuits and semiconductor mask; nor are the claims directed to certain methods of organizing human activity.
Conclusion
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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 September 23, 2026
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