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 .
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.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,094,741. Although the claims at issue are not identical, they are not patentably distinct from each other because the subject matter of the claimed invention is fully disclosed by the subject matter in the reference as shown in the table below.
The mapping of claims 1-20 of the present application to claims 1-20 of US Pat. No. 12,094,741 is as follows:
Instant Application
Reference
1. An automatic material handling system (“AMHS”) interface management system for use in a semiconductor fabrication facility, the system comprising: a lot transfer control system, comprising a processor in communication with a memory; a first AMHS system in communication with the lot control system; and a second AMHS system in communication with the lot control system, wherein the memory stores instructions which are executed by the processor causing the processor to: receive lot information from the first AMHS system in a first format associated with the first AMHS system, the lot information including information associated with at least one of a lot of wafers and a wafer lot carrier, translate the lot information from the first format associated with the first AMHS system into a second format associated with the second AMHS system,
1. An automatic material handling system (“AMHS”) interface management system, comprising: a handshake control system, comprising a processor in communication with memory; a first AMHS system in communication with the handshake control system; and a second AMHS system in communication with the handshake control system, wherein the memory stores instructions which are executed by the processor causing the processor to: receive lot information from the first AMHS system in a first format associated with the first AMHS system, and translate the lot information from the first format associated with the first AMHS system into a second format associated with the second AMHS system.
2. The system of claim 1, wherein the first AMHS system utilizes a first MES and the second AMHS system utilizes a second MES.
2. The system of claim 1, wherein the first AMHS system utilizes a first MES and the second AMHS system utilizes a second MES.
3. The system of claim 2, wherein the first MES and the second MES are the same.
3. The system of claim 2, wherein the first MES and the second MES are the same.
4. The system of claim 3, wherein the first MES is a first version and the second MES is a second version.
4. The system of claim 3, wherein the first MES is a first version and the second MES is a second version.
5. The system of claim 1, wherein the handshake control system is configured to control operations within a lot transfer area, the lot transfer area located between the first AMHS system and the second AMHS system.
5. The system of claim 1, wherein the handshake control system is configured to control operations within a handshake area, the handshake area located between the first AMHS system and the second AMHS system.
6. The system of claim 5, further comprising at least one vehicle of an overhead transport positioned in the lot transfer area and in communication with the handshake control system.
6. The system of claim 5, further comprising at least one vehicle of an overhead transport positioned in the handshake area and in communication with the handshake control system.
7. The system of claim 6, wherein the at least one vehicle is configured to transfer a lot between the first AMHS system and the second AMHS system through the lot transfer area.
7. The system of claim 6, wherein the at least one vehicle is configured to transfer a lot between the first AMHS system and the second AMHS system through the handshake area.
8. The system of claim 7, wherein the lot transfer area includes a first transfer area associated with the first AMHS system and a second transfer area associated with the second AMHS system.
8. The system of claim 7, wherein the handshake area includes a first transfer area associated with the first AMHS system and a second transfer area associated with the second AMHS system.
9. The system of claim 8, wherein the first AMHS system comprises at least one vehicle configured to transport the lot into and out of the first transfer area, and wherein the second AMHS system comprises at least one vehicle configured to transport a lot into and out of the first transfer area.
9. The system of claim 8, wherein the first AMHS system comprises at least one vehicle configured to transport the lot into and out of the first transfer area, and wherein the second AMHS system comprises at least one vehicle configured to transport a lot into and out of the first transfer area.
10. The system of claim 9, wherein the at least one vehicle is configured to transit into each of the first and second transfer areas.
10. The system of claim 9, wherein the at least one vehicle of the handshake area is configured to transit into each of the first and second transfer areas.
11. The system of claim 10, further comprising: at least one sensor positioned in the first transfer area and configured to sense a movement of the corresponding at least one vehicle into and out of the first transfer area; and at least one sensor positioned in the second transfer area, the at least one sensor configured to sense a movement of the corresponding at least one vehicle into and out of the second transfer area.
11. The system of claim 10, further comprising: at least one sensor positioned in the first transfer area and configured to sense a movement of the corresponding at least one vehicle into and out of the first transfer area; and at least one sensor positioned in the second transfer area, the at least one sensor configured to sense a movement of the corresponding at least one vehicle into and out of the second transfer area.
12. A semiconductor fabrication facility method for AMHS interface management, the method comprising: receiving, at a lot transfer control system, lot information of a lot in a first AMHS, the lot information in a first format associated with the first AMHS and the lot information including information associated with at least one of a lot of wafers and a wafer lot carrier; translating the lot information from the first format to a second format associated with the second AMHS; and communicating, via an associated network, the translated lot information to a control system of the second AMHS.
12. A method for AMHS interface management, comprising: receiving, at a handshake control system, lot information of a lot in a first AMHS, the lot information in a first format associated with the first AMHS; translating the lot information from the first format to a second format associated with the second AMHS; and communicating, via an associated network, the translated lot information to a control system of the second AMHS.
13. The method of claim 12, further comprising: receiving a production schedule from the first AMHS indicative of a lot requiring transfer from the first AMHS to the second AMHS; identifying a vehicle of an overhead transport positioned in a lot transfer area available for transferring the lot from the first AMHS to the second AMHS; and transferring the lot with the identified vehicle through the lot transfer area.
13. The method of claim 12, further comprising: receiving a production schedule from the first AMHS indicative of a lot requiring transfer from the first AMHS to the second AMHS; identifying a vehicle of an overhead transport positioned in a handshake area available for transferring the lot from the first AMHS to the second AMHS; and transferring the lot with the identified vehicle through the handshake area.
14. The method of claim 13, further comprising: depositing the lot in a first transfer area adjacent the first AMHS via at least one vehicle of an overhead transport of the first AMHS; retrieving, from the first transfer area, the lot by the identified vehicle; and depositing the lot in a second transfer area adjacent the second AMHS.
14. The method of claim 13, further comprising: depositing the lot in a first transfer area adjacent the first AMHS via at least one vehicle of an overhead transport of the first AMHS; retrieving, from the first transfer area, the lot by the identified vehicle; and depositing the lot in a second transfer area adjacent the second AMHS.
15. The method of claim 14, wherein the first format is a first MES and the second format is a second MES.
15. The method of claim 14, wherein the first format is a first MES and the second format is a second MES.
16. The method of claim 15, wherein the first MES and the second MES are the same.
16. The method of claim 15, wherein the first MES and the second MES are the same.
17. The method of claim 16, wherein the first MES is a first version and the second MES is a second version.
17. The method of claim 16, wherein the first MES is a first version and the second MES is a second version.
18. An automatic material handling system (“AMHS”) interface management system, comprising: a first AMHS control system controlling a first AMHS area and in communication with an associated network; a second AMHS system controlling a second AMHS area and in communication with the associated network, wherein the first and second AMHS systems are distinct; a lot transfer control system controlling a lot transfer area located between the first AMHS area and the second AMHS area for facilitating a transfer of a lot between the first AMHS area and the second AMHS area, the lot transfer control system in communication with the first and second AMHS systems via the associated network; at least one lot transfer vehicle of an overhead transport within the lot transfer area, the at least one lot transfer vehicle configured to transfer the lot between a first transfer area adjacent the first AMHS area and a second transfer area adjacent the second AMHS area, wherein the lot transfer control system further comprises a processor in communication with memory storing instructions which are executed by the processor causing the processor to: receive lot information from the first AMHS system in a first format associated with the first AMHS system, the lot information including information associated with at least one a lot of wafers and a wafer lot carrier, translate the lot information from the first format associated with the first AMHS system into a second format associated with the second AMHS system, receive sensor data from at least one sensor positioned in each of the first and second transfer areas, an entry and an exit of a corresponding AMHS vehicle into and out of the first and second transfer areas, retrieve the lot from the first transfer area via the identified lot transfer vehicle in accordance with the received sensor data, communicate the translated lot information to the second AMHS control system, and transfer, via the identified lot transfer vehicle, the lot from the first transfer area to the second transfer area.
18. An automatic material handling system (“AMHS”) interface management system, comprising: a first AMHS control system controlling a first AMHS area and in communication with an associated network; a second AMHS system controlling a second AMHS area and in communication with the associated network, wherein the first and second AMHS systems are distinct; a handshake control system controlling a handshake area located between the first AMHS area and the second AMHS area for facilitating a transfer of a lot between the first AMHS area and the second AMHS area, the handshake control system in communication with the first and second AMHS systems via the associated network; at least one handshake vehicle of an overhead transport within the handshake area, the at least one handshake vehicle configured to transfer the lot between a first transfer area adjacent the first AMHS area and a second transfer area adjacent the second AMHS area, wherein the handshake control system further comprises a processor in communication with memory storing instructions which are executed by the processor causing the processor to: receive production scheduling data indicative of a lot requiring transfer between the first and second AMHS areas, identify a handshake vehicle for transferring the lot in accordance with the handshake vehicle performance, receive lot information from the first AMHS system in a first format associated with the first AMHS system, translate the lot information from the first format associated with the first AMHS system into a second format associated with the second AMHS system, receive sensor data from at least one sensor positioned in each of the first and second transfer areas, an entry and an exit of a corresponding AMHS vehicle into and out of the first and second transfer areas, retrieve the lot from the first transfer area via the identified handshake vehicle in accordance with the received sensor data, communicate the translated lot information to the second AMHS control system, and transfer, via the identified handshake vehicle, the lot from the first transfer area to the second transfer area.
19. The system of claim 18, wherein the first format is a first MES and the second format is a second MES.
19. The system of claim 18, wherein the first format is a first MES and the second format is a second MES.
20. The system of claim 19, wherein the first MES and the second MES are the same, or wherein the first MES and the second MES are different versions of the same MES.
20. The system of claim 19, wherein the first MES and the second MES are the same, or wherein the first MES and the second MES are different versions of the same MES.
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.
Claims 1-11 are rejected under § 112(b), as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, regards as the invention.
Specifically, claim 1 recites the limitation "the lot control system." There is insufficient antecedent basis for this limitation in the claim. Correction is required. Claims 2-11 are indefinite as they depend from claim 1.
Claim 5 is further indefinite for reciting the limitation “the handshake control system.” There is insufficient antecedent basis for this limitation in the claim. Correction is required.
Claim 9 is further indefinite for reciting the limitation “wherein the second AMHS system comprises at least one vehicle configured to transport a lot into and out of the first transfer area.” It appears as though the at least one vehicle of the second AMHS system should be configured to transport a lot into and out of the second transfer area (not the first transfer area as recited). Correction is required.
Claim 10 is further indefinite for reciting the limitation “wherein the at least one vehicle is configured to transit into each of the first and second transfer areas.” (Emphasis added.) Earlier in the claim, the Applicant references “at least one vehicle of an overhead transport positioned in the lot transfer area.” The Applicant also references “at least one vehicle in the first AMHS system configured to transport a lot into and out of the first transfer area” and “at least one vehicle in the second AMHS system configured to transport a lot into and out of the first transfer area.” Consequently, it is unclear which “at least one vehicle” recited on three separate occasions is configured to transit into each of the first and second transfer areas as stated in claim 10. Correction is required.
Allowable Subject Matter
Claims 1-11 would be allowable if the claims are rewritten or amended to overcome the rejection(s) under § 112(b) set forth in this Office action and a terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) is filed to overcome the NSDP rejection.
Claims 12-20 would be allowable if a terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) is filed to overcome the rejection based on NSDP.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KYLE LOGAN whose telephone number is (571) 270-7769. The examiner can normally be reached M-F, 9-5 PM.
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/KYLE O LOGAN/Primary Examiner, Art Unit 3655
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