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 .
DETAILED ACTION
Claims 1-18 are presented for examination.
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).
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Claims 1, 5-7, and 9-15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-2, and 4-11 of U.S. Patent No. 12066815. Although the claims at issue are not identical, they are not patentably distinct from each other because both claim the same invention of a substrate processing providing a recipe editing screen and the current application claims the invention broadly. A comparison between independent claim 1 or the current application and independent claim 13 of the US Patent 12066815 is provided below for an example.
US Patent 12066815
Current Application 18787539
Claim 13. A substrate processing apparatus, comprising:
a controller configured to:
display a recipe editing screen including;
a step editing area that displays a series of steps that are performed in substrate processing according to target recipe file to be subjected to recipe creation; and
a selection screen area that displays a parameter list for selection of parameters included in the target recipe file that processes a substrate and a parameter editing screen area that edits the parameters;
receive a selection operation that selects an editing target parameter from the parameter list displayed on the selection screen area;
display, on the parameter editing screen area in an editable manner, a timing chart that is changeable at a time of each step in the series of steps process in a series of processes included in a substrate processing process; and
edit the editing target parameter by receiving an operation instruction to edit the timing chart displayed on the parameter editing screen area and changing the timing chart according to the operation instruction; and
an operator configured to create a recipe to select the editing target parameter, display a timing chart corresponding to the selected editing target parameter on the parameter editing screen area, and edit a parameter corresponding to the edited timing chart according to the edited timing chart, wherein the controller is further configured to process the substrate by executing the recipe.
Claim 1. A substrate processing apparatus, comprising:
a recipe editing screen configured to include:
a first area, in which a recipe for substrate processing is defined and a series of steps, which is performed in the substrate processing, is displayed according to a recipe file to be edited;
a second area, in which a list of parameters included in the recipe file is displayed and a parameter to be edited is selectable; and
a third area, in which a chart indicating a change, in the series of steps, of the parameter to be edited that is selected in the second area is displayed; and a display that displays the recipe editing screen.
Claim Rejections - 35 USC § 103
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 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-18 are rejected under 35 U.S.C. 103 as being unpatentable over Koyama et al (WO 2019186649; hereinafter Koyama) in view of Wu (US Pub. 201300539961).
As per claim 1, Koyama discloses a substrate processing apparatus [page 1; a substrate processing apparatus], comprising:
a recipe editing screen [Abstract; a recipe editing screen] configured to include:
a first area, in which a recipe for substrate processing is defined and a series of steps, which is performed in the substrate processing, is displayed according to a recipe file to be edited [Abstract; page 4; a recipe editing area for displaying a target recipe; the recipe file displayed in the recipe edit area is a step list edit that displays the steps of tarte recipe in a list format in addition to the step; claim 1];
a second area, in which a list of parameters included in the recipe file is displayed and a parameter to be edited is selectable [Abstract; page 6; parameter editing in the command selection area; claim 1]; and
a third area, in which a chart indicating a change, in the series of steps, of the parameter to be edited that is selected in the second area is displayed; and a display that displays the recipe editing screen [Abstract; page 6; changing the alarm condition table during recipe editing; claim 1; “A recipe editing area for displaying a target recipe including a plurality of steps, a subarea for displaying at least file information related to the target recipe, and each file used for recipe editing in the subarea and the recipe editing area, a command editing area that displays an icon editing on at least one area, and a recipe editing screen that includes the command selection area, when the file information selection instruction is received in the subarea, reading the file associated with the target recipe and dividing the subarea into a plurality of sub-screens to open and display the file associated with the read target recipe; the recipe editing area; the subarea;”].
Koyama does not disclose regarding a chart indicating a change. However, Wu (in the same field of endeavor, i.e., substrate processing) discloses a chart indicating changes [Abstract; Fig. 2-3; para 0006-0007, 0014-0016]. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the cited references as both are directed to a substrate processing and moreover use of a chart indicating changes will clearly enhance the invention of Wu to display changes simultaneously for an operator.
As per claim 15, Koyama discloses a recipe creation method, comprising:
displaying a series of steps that is executed for processing a substrate according to a recipe file to be edited where a recipe for processing the substrate by a substrate processing apparatus is defined [Abstract; page 1; a substrate processing apparatus; page 4; a recipe editing area for displaying a target recipe; the recipe file displayed in the recipe edit area is a step list edit that displays the steps of target recipe in a list format in addition to the step; claim 1];
displaying a list of parameters included in the recipe file, in which a parameter to be edited is selectable [Abstract; page 6; parameter editing in the command selection area; claim 1]; and
displaying a chart indicating a change, in the series of steps, of the selected parameter to be edited [Abstract; page 6; changing the alarm condition table during recipe editing; claim 1; “A recipe editing area for displaying a target recipe including a plurality of steps, a subarea for displaying at least file information related to the target recipe, and each file used for recipe editing in the subarea and the recipe editing area, a command editing area that displays an icon editing on at least one area, and a recipe editing screen that includes the command selection area, when the file information selection instruction is received in the subarea, reading the file associated with the target recipe and dividing the subarea into a plurality of sub-screens to open and display the file associated with the read target recipe; the recipe editing area; the subarea;”].
Koyama does not disclose regarding a chart indicating a change. However, Wu (in the same field of endeavor, i.e., substrate processing) discloses a chart indicating changes [Abstract; Fig. 2-3; para 0006-0007, 0014-0016]. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the cited references as both are directed to a substrate processing and moreover use of a chart indicating changes will clearly enhance the invention of Wu to display changes simultaneously for an operator.
As per claim 2, Koyama discloses further comprising: a screen displaying part configured to display contents of the recipe file to be edited on the recipe editing screen [Abstract; page 4; a recipe editing area for displaying a target recipe; the recipe file displayed in the recipe edit area is a step list edit that displays the steps of target recipe in a list format in addition to the step; claim 1]; an operator that performs an operation instruction including at least one selected from the group of selection operation of the recipe file to be edited, selection operation of the parameter to be edited in the second area, and display operation of the chart in the third area [Abstract; page 3; “… an operation unit 3 that receives instruction from an operator …”]; and a controller configured be capable of performing the substrate processing by executing the recipe [pages 3-5; the controller 10].
As per claim 3, Koyama discloses wherein the controller includes a parameter editing part that edits the parameter to be edited, which corresponds to the chart, displayed in the third area, and wherein the parameter editing part changes display of the chart according to an operation instruction for editing the parameter to be edited [page 4; shared parameter editing sequence].
As per claim 4, Koyama discloses wherein the parameter to be edited includes a target value that is a target in the substrate processing, and wherein the chart indicates a change of the target value in the series of steps [page 4; “… in addition to the step individual edit screen that edits the setting values …”; page 9; setting values; set value parameters].
As per claim 5, Wu discloses wherein the parameter to be edited further includes a time at which the target value is reached, wherein the operator further performs an operation instruction including an instruction to move a point on the chart displayed in the third area, and wherein the parameter editing part changes a target value of a parameter, which corresponds to the chart where the instruction to move the point is performed, at a time corresponding to the point, from a target value corresponding to a point before the movement to a target value corresponding to a point after the movement [Fig. 2-3; para 0014-0016; “The working area 120 has a chart 122, of which a first axis X represents time, and a second axis Y represents a physical quantity or condition of a process recipe.”; “… the method for setting control parameters include dragging the characteristic curve C.sub.1 to adjust its slope and its two setting points P.sub1, P.sub.2 to change their projection lengths Pl.sub.p1, Plsub.p2 to the first axis X, such as dragging the characteristic curve C.sub.PRESS to adjust it to be the characteristic curve C.subPRESS.”].
As per claim 6, Wu discloses wherein the operator further performs an operation instruction to change a display order of the chart displayed in the third area, and wherein the parameter editing part changes a display order of the parameter to be edited according to an operation instruction to change the display order of the parameter to be edited, which corresponds to the chart [Fig. 2-3; para 0014-0017; “… the characteristic curves in the working area 120 may be displayed in different colors, different line styles, or different line width, as exemplified in Fig. 3. It can be understood that the working area 120 may also include more than one chart, …”; source code; object code; “The second condition is the characteristic curves in the procedure of the process recipe are ordered correctly.”].
As per claim 7, Wu discloses wherein the operator further performs an operation instruction to hide the chart displayed in the third area, and wherein the parameter editing part hides the chart, which has been displayed, when the operation instruction to hide is performed [Fig. 2-3; para 0014-0017; inherent to a GUI programming wherein an operator and/or a user can hide a portion/part/component/area of the GUI as needed].
As per claim 8, Wu discloses wherein the parameter to be edited indicates a time at which a state of a part of the substrate processing apparatus is turned on or off [Fig. 2-3; para 0014; “… setting the time required for the procedure.”; para 0018; “… if the power supply is turned on …”], wherein the chart indicates whether the state of the part is on or off at the time of each step [Fig. 2-3], wherein the operator further performs an operation instruction to switch a state at a point on the chart between off and on by operating the point on the chart displayed on the third area [Abstract; ; para 0019, 0027; personal to perform], and wherein the parameter editing part switches a state of the parameter to be edited, which corresponds to the chart, at a time corresponding to the point, to a state according to the operation instruction [para 0015, 0021; a valve switch].
As per claim 9, Wu discloses wherein the parameter to be edited indicates a start time and an end time of each of transfer processes having plural types, which are included in the series of steps, wherein the chart indicates a start time and an end time of each step according the time of each step [Fig. 2-3; para 0021; “The process personnel may first roughly set the time required for each procedure in the process recipe and dispose a node 124 above the chart to mark the start and end of each procedure (the end of the procedure can be represented by the start of the next procedure).”], wherein the operator further performs an operation instruction to change a start time or an end time of a transfer process selected from the transfer processes having plural types according to the time of each step, and wherein the parameter editing part changes the parameter of the changed transfer process according to the changed start or end time end time of the selected transfer process [Fig. 2-3; para 0021; the timing chart can be edited by the operator including changing start time or end time].
As per claim 10, Wu discloses wherein, when displaying the chart, the screen displaying part displays a time range from a start time to an end time of each step in the series of steps on the recipe editing screen such that correspondence between the start time and the end time of each step in the series of steps and a time of the chart is recognizable [Fig. 2-3; para 0014-0017; timing range could be 0 to 10 or 0 to 24; timing range can be modified by operator as needed].
As per claim 11, Wu discloses wherein the operator further performs an operation instruction to add a new step before or after a specific step in the series of steps, or deleting a specific step from the series of steps, and wherein, when displaying the chart, the parameter editing part expands a range of the chart corresponding to the added step along a time axis, or reduces a range of chart corresponding to the deleted step along the time axis, and wherein the parameter editing part changes a time included in a parameter in the chart in response to the addition or the deletion of the specific step [Fig. 2-3; timing range could be 0 to 10 or 0 to 24; timing range can be modified by operator as needed; “… including adding a new control object or macro object into the procedure of process recipe by way of insertion. On the other hand, an unnecessary characteristic curve may be removed by way of deletion.”].
As per claim 12, Wu discloses wherein the operator further performs an operation instruction to check consistency of a parameter that is edited in parameter editing, and wherein the controller saves a recipe including the edited parameter when a result of checking the consistency is normal [Fig. 5; para 0017-0019; a verification procedure].
As per claim 13, Wu discloses wherein the operator further performs an operation instruction to select the parameter to be edited from the group consisting of parameters related to the substrate processing and parameters related to substrate transfer, wherein the screen displaying part displays a setting icon that sets the parameter to be edited on the third area in an editable manner [Abstract; Fig. 2-3; para 0014-0016; control objects], and wherein the parameter editing part is configured to edit the parameter to be edited by receiving an operation instruction to edit the setting icon that sets the parameter to be edited displayed on the third area, and changing display in the setting icon according to the operation instruction to edit the setting icon [Fig. 2-3; para 0017; source code or object code].
As per claim 14, Wu discloses wherein the setting icon is configured to be selected from the group consisting of a setting icon used for the case where a setting value that sets the parameter to be edited is an analog value, a setting icon used for the case where a setting value that sets the parameter to be edited is a digital value, and a setting icon used for the case where a setting value that sets the parameter to be edited is a command value [Fig. 2-3; macro object 114; control objects 112 comprising digital components and analog components; critical symbol 116].
As per claim 16, Koyama discloses the invention substantially. Koyama does not disclose regarding a chart indicating a change. However, Wu (in the same field of endeavor, i.e., substrate processing) discloses a chart indicating changes [Abstract; Fig. 2-3; para 0006-0007, 0014-0016]. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the cited references as both are directed to a substrate processing and moreover use of a chart indicating changes will clearly enhance the invention of Wu to display changes simultaneously for an operator.
As per claim 17, Koyama discloses the invention substantially. Koyama does not disclose regarding a chart indicating a change. However, Wu (in the same field of endeavor, i.e., substrate processing) discloses a chart indicating changes [Abstract; Fig. 2-3; para 0006-0007, 0014-0016]. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the cited references as both are directed to a substrate processing and moreover use of a chart indicating changes will clearly enhance the invention of Wu to display changes simultaneously for an operator.
As per claim 18, Koyama discloses the invention substantially. Koyama does not disclose regarding display a chart. However, Wu (in the same field of endeavor, i.e., substrate processing) discloses displaying a chart [Abstract; Fig. 2-3; para 0006-0007, 0014-0016]. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the cited references as both are directed to a substrate processing and moreover use of a chart indicating changes will clearly enhance the invention of Wu to display changes simultaneously for an operator.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US-20140121814 discloses a substrate processing apparatus having an edit screen of a recipe which is displayed in a touch panel display.
US-20100144145 discloses a substrate processing apparatus comprising a manipulation unit configured to display a plurality of steps, in which substrate processing conditions are set in a time-series manner, on a manipulation screen, and to prepare or edit a recipe on the manipulation screen.
20090235865 discloses a substrate processing apparatus having a recipe editing screen displayed as an operation display screen on the main display device of the substrate processing apparatus.
10289781 discloses A management apparatus includes: a manipulation and display unit including a user interface for selecting a reference device information, and configured to display a substrate processing recipe file.
N. WO-2020059343 discloses a recipe display device, a method for displaying a recipe, and a recipe display program which make it visually easy to understand the content of a processing recipe
P. KR-20110048503 discloses a substrate processing apparatus having a recipe editing screen in which a casting screen is displayed on the main display device 18 included in the casting operation device of the substrate processing apparatus, for example, operated by a user (worker).
Q. KR-101046260 discloses a substrate processing apparatus accepting an operation for editing data on a screen for editing data relating to functions of the substrate processing apparatus such as a recipe editing screen and a parameter editing screen.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SURESH K SURYAWANSHI whose telephone number is (571)272-3668. The examiner can normally be reached M-F 8:00-5:00 PM.
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/SURESH SURYAWANSHI/Primary Examiner, Art Unit 2116
1 Prior art cited by applicant in submitted information discloser statement.