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 .
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: the acquirer that…, the generator that…, the determiner that…, the calculator that…, in claim 1-5.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claim1-7 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.
Referring to claim 1,6,7, the indefinite claim language is “the plurality of respective processing information pieces being predicted based on invariant relationships in regard to a plurality of processing information pieces representing operations or states related to a process for a substrate in the substrate processing apparatus and a plurality of processing information pieces that are actually collected from the substrate processing apparatus”. This limitation is unclear because this limitation merely states a function (the plurality of respective processing information pieces being predicted based on invariant relationships in regard to a plurality of processing information pieces representing operations or states related to a process for a substrate in the substrate processing apparatus and a plurality of processing information pieces that are actually collected from the substrate processing apparatus) without providing any indication about how the function is performed. The recited function does not follow from the structure/steps recited in the claim, i.e., the acquirer that…, so it is unclear whether the function requires some other structure or step or is simply a result of operating the device/method/program in a certain manner.
Referring to claim 3, the indefinite claim language is “a plurality of combinations each of which includes two different processing information pieces are defined in regard to the plurality of processing information pieces, each combination includes a first processing information piece and a second information processing piece, in regard to each combination, the first processing information piece that is predicted based on the second processing information piece actually collected from the substrate processing apparatus and the invariant relationship is generated as a first prediction processing information piece, and a degree of deviation between the generated first prediction processing information piece and the first processing information piece actually collected from the substrate processing apparatus is calculated as a first deviation degree, in regard to each combination, the second processing information piece that is predicted based on the first processing information piece actually collected from the substrate processing apparatus and the invariant relationship is generated as a second prediction processing information piece, and a degree of deviation between the generated second prediction processing information piece and the second processing information piece actually collected from the substrate processing apparatus is calculated as a second deviation degree”. This limitation is unclear because this limitation merely states a function (a plurality of combinations each of which includes two different processing information pieces are defined in regard to the plurality of processing information pieces, each combination includes a first processing information piece and a second information processing piece, in regard to each combination, the first processing information piece that is predicted based on the second processing information piece actually collected from the substrate processing apparatus and the invariant relationship is generated as a first prediction processing information piece, and a degree of deviation between the generated first prediction processing information piece and the first processing information piece actually collected from the substrate processing apparatus is calculated as a first deviation degree, in regard to each combination, the second processing information piece that is predicted based on the first processing information piece actually collected from the substrate processing apparatus and the invariant relationship is generated as a second prediction processing information piece, and a degree of deviation between the generated second prediction processing information piece and the second processing information piece actually collected from the substrate processing apparatus is calculated as a second deviation degree) without providing any indication about how the function is performed. The recited function does not follow from the structure/steps recited in the claim, i.e., the device, so it is unclear whether the function requires some other structure or is simply a result of operating the device in a certain manner.
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.
Claim(s) 1-7 rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claim recites the following:
1. An assistance device that assists a maintenance work for a substrate processing apparatus, comprising:
a deviation degree acquirer that acquires deviation degree information representing respective degrees of deviation between a plurality of respective processing information pieces and a plurality of actually collected respective processing information pieces, the plurality of respective processing information pieces being predicted based on invariant relationships in regard to a plurality of processing information pieces representing operations or states related to a process for a substrate in the substrate processing apparatus and a plurality of processing information pieces that are actually collected from the substrate processing apparatus; and
an assistance information generator that generates assistance information related to a maintenance work for the substrate processing apparatus based on the deviation degree information.
2. The assistance device according to claim 1, wherein
the substrate processing apparatus includes a plurality of components related to the plurality of processing information pieces,
the assistance device further includes a subject determiner that determines one or a plurality of components subject to the maintenance work from among the plurality of components based on the deviation degree information as one or a plurality of maintenance subject components, and
the assistance information includes information representing the one or plurality of maintenance subject components determined by the subject determiner.
3. The assistance device according to claim 2, wherein
a plurality of combinations each of which includes two different processing information pieces are defined in regard to the plurality of processing information pieces,
each combination includes a first processing information piece and a second information processing piece,
in regard to each combination, the first processing information piece that is predicted based on the second processing information piece actually collected from the substrate processing apparatus and the invariant relationship is generated as a first prediction processing information piece, and a degree of deviation between the generated first prediction processing information piece and the first processing information piece actually collected from the substrate processing apparatus is calculated as a first deviation degree,
in regard to each combination, the second processing information piece that is predicted based on the first processing information piece actually collected from the substrate processing apparatus and the invariant relationship is generated as a second prediction processing information piece, and a degree of deviation between the generated second prediction processing information piece and the second processing information piece actually collected from the substrate processing apparatus is calculated as a second deviation degree,
the deviation degree acquirer acquires a plurality of first deviation degrees that are respectively calculated in regard to the plurality of combinations, and a plurality of second deviation degrees that are respectively calculated in regard to the plurality of combinations as the deviation degree information, and
the subject determiner
extracts one or a plurality of combinations having the first deviation degrees exceeding a predetermined first threshold value, and one or a plurality of combinations having the second deviation degrees exceeding a predetermined second threshold value, and
in regard to each of the one or plurality of extracted combinations, determines one or a plurality of components commonly related to a first processing information piece and a second processing information piece included in the combination as the one or plurality of maintenance subject components.
4. The assistance device according to claim 2, further including a necessity calculator that, in regard to each of the one or plurality of maintenance subject components determined by the subject determiner, acquires information related to a state of the maintenance subject component that changes over time as temporal component information, and calculates a necessity value indicating a degree of necessity of the maintenance work for the maintenance subject component based on the acquired temporal component information, wherein
the assistance information generator, in regard to each of the one or plurality of maintenance subject components determined by the subject determiner, determines which one of a plurality of predetermined necessity levels the necessity value calculated by the necessity value calculator belongs to, and causes the assist information to include information about a predetermined maintenance work for the maintenance subject component according to the determined necessity level.
5. The assistance device according to claim 1, wherein
each substrate processing apparatus is a substrate cleaning device that cleans a substrate using a cleaning liquid, and
the plurality of processing information pieces include at least one of an amount of cleaning liquid supplied to a substrate, a temperature of the cleaning liquid supplied to the substrate and a concentration of the cleaning liquid supplied to the substrate.
6. An assistance method of assisting a maintenance work for a substrate processing apparatus, including:
acquiring deviation degree information representing respective degrees of deviation between a plurality of respective processing information pieces and a plurality of actually collected respective processing information pieces, the plurality of respective processing information pieces being predicted based on invariant relationships in regard to a plurality of processing information pieces representing operations or states related to a process for a substrate in the substrate processing apparatus and a plurality of processing information pieces that are actually collected from the substrate processing apparatus; and
generating assistance information related to a maintenance work for the substrate processing apparatus based on the deviation degree information.
7. A non-transitory computer-readable medium storing an assistance program that assists a maintenance work for a substrate processing apparatus,
the assistance program causing a computer to execute an assistance process including:
acquiring deviation degree information representing respective degrees of deviation between a plurality of respective processing information pieces and a plurality of actually collected respective processing information pieces, the plurality of respective processing information pieces being predicted based on invariant relationships in regard to a plurality of processing information pieces representing operations or states related to a process for a substrate in the substrate processing apparatus and a plurality of processing information pieces that are actually collected from the substrate processing apparatus; and
generating assistance information related to a maintenance work for the substrate processing apparatus based on the deviation degree information.
The limitations above, as drafted, is a process that, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components. That is, other than reciting by a device/apparatus/program nothing in the claim element precludes the step from practically being performed in the mind. For example, but for the device/apparatus/program language, acquiring information and generating information in the context of this claim encompasses a user manually calculating or thinking about acquiring information and generating information. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
This judicial exception is not integrated into a practical application. In particular, the claim only recites the additional element(s) – device/apparatus/program. The device/apparatus/program is recited at a high-level of generality (i.e., as a generic processor performing a generic computer function) such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea.
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional element(s) of device/apparatus/program amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. The claim is not patent eligible.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Pub. No. 2017/0285613 to Asai, supplied by applicant.
Asai teaches the following:
1, 6, 7. An assistance device/method/program that assists a maintenance work for a substrate processing apparatus (paragraphs 2 to 5 and 133 and figures 1 to 3, 7, 8, 13, 14 and 15), comprising:
a deviation degree acquirer that acquires deviation degree information representing respective degrees of deviation between a plurality of respective processing information pieces and a plurality of actually collected respective processing information pieces (see steps S106 to S109 in figure 15 and corresponding paragraphs 150 to 155), the plurality of respective processing information pieces being predicted based on invariant relationships in regard to a plurality of processing information pieces representing operations or states related to a process for a substrate in the substrate processing apparatus and a plurality of processing information pieces that are actually collected from the substrate processing apparatus (see steps S101 to S105 in figure 15 and corresponding paragraphs 144 to 149); and
an assistance information generator that generates assistance information related to a maintenance work for the substrate processing apparatus based on the deviation degree information (see figure 13 and corresponding paragraphs 115 to 130).
2. The assistance device according to claim 1, wherein the substrate processing apparatus includes a plurality of components related to the plurality of processing information pieces, the assistance device further includes a subject determiner that determines one or a plurality of components subject to the maintenance work from among the plurality of components based on the deviation degree information as one or a plurality of maintenance subject components, and the assistance information includes information representing the one or plurality of maintenance subject components determined by the subject determiner (see figure 8 disclosing the health information for different parts of the substrate processing device 1 based on different "processing information pieces").
3. The assistance device according to claim 2, wherein a plurality of combinations each of which includes two different processing information pieces are defined in regard to the plurality of processing information pieces, each combination includes a first processing information piece and a second information processing piece, in regard to each combination, the first processing information piece that is predicted based on the second processing information piece actually collected from the substrate processing apparatus and the invariant relationship is generated as a first prediction processing information piece, and a degree of deviation between the generated first prediction processing information piece and the first processing information piece actually collected from the substrate processing apparatus is calculated as a first deviation degree, in regard to each combination, the second processing information piece that is predicted based on the first processing information piece actually collected from the substrate processing apparatus and the invariant relationship is generated as a second prediction processing information piece, and a degree of deviation between the generated second prediction processing information piece and the second processing information piece actually collected from the substrate processing apparatus is calculated as a second deviation degree, the deviation degree acquirer acquires a plurality of first deviation degrees that are respectively calculated in regard to the plurality of combinations, and a plurality of second deviation degrees that are respectively calculated in regard to the plurality of combinations as the deviation degree information, and the subject determiner extracts one or a plurality of combinations having the first deviation degrees exceeding a predetermined first threshold value, and one or a plurality of combinations having the second deviation degrees exceeding a predetermined second threshold value, and in regard to each of the one or plurality of extracted combinations, determines one or a plurality of components commonly related to a first processing information piece and a second processing information piece included in the combination as the one or plurality of maintenance subject components (see figure 8 disclosing the health information for different parts of the substrate processing device 1 based on different "processing information pieces").
4. The assistance device according to claim 2, further including a necessity calculator that, in regard to each of the one or plurality of maintenance subject components determined by the subject determiner, acquires information related to a state of the maintenance subject component that changes over time as temporal component information, and calculates a necessity value indicating a degree of necessity of the maintenance work for the maintenance subject component based on the acquired temporal component information, wherein the assistance information generator, in regard to each of the one or plurality of maintenance subject components determined by the subject determiner, determines which one of a plurality of predetermined necessity levels the necessity value calculated by the necessity value calculator belongs to, and causes the assist information to include information about a predetermined maintenance work for the maintenance subject component according to the determined necessity level (paragraph 116-120).
5. The assistance device according to claim 1, wherein each substrate processing apparatus is a substrate cleaning device that cleans a substrate using a cleaning liquid, and the plurality of processing information pieces include at least one of an amount of cleaning liquid supplied to a substrate, a temperature of the cleaning liquid supplied to the substrate and a concentration of the cleaning liquid supplied to the substrate (paragraphs 40, 41, 122).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEAN P SHECHTMAN whose telephone number is (571)272-3754. The examiner can normally be reached 9:30am-6:00pm, M-F.
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, William Kraig can be reached at 571-272-8660. 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.
/Sean Shechtman/ Primary Examiner, Art Unit 2896
Prosecution Insights