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: “a property specifier to specify an accuracy-related property,…” in the 3rd line of the claim 13. The specification discloses that “a property specifier 104…These functions are performed by software, firmware, or a combination of software and firmware. The software and firmware are described in the form of programs, and stored in the ROM or the storage 12. The programs stored in the ROM or the storage 12 are executed by the CPU, and thus performs these functions” in [0047]. Thus, as disclosed in the specification, “a property specifier” is interpreted as a software or a firmware executed by a CPU.
“an equipment configuration determiner to determine a proposed equipment configuration…” in the 11th line of the claim 13. The specification discloses that “an equipment configuration determiner…These functions are performed by software, firmware, or a combination of software and firmware. The software and firmware are described in the form of programs, and stored in the ROM or the storage 12. The programs stored in the ROM or the storage 12 are executed by the CPU, and thus performs these functions” in [0047]. Thus, as disclosed in the specification, “an equipment configuration determiner” is interpreted as a software or a firmware executed by a CPU.
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 § 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 1-13 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because
Regarding claim 1,
At Step 2A, Prong 1: The claim recites the following limitations directed to an abstract idea:
“specify an accuracy-related property, based on the current equipment configuration information, the operation history information, and the accuracy achievement information, the accuracy-related property being a property affecting the processing accuracy of the working machine” The limitation is a mental process, reasonable performed in the mind. “specify” is to identify clearly and definitely as defined in Oxford Languages. Thus, a person can specify or identify a property, which is a value, based on other observation or data in mind.
“determine a proposed equipment configuration, based on the current equipment configuration information, the accuracy-related property, and the product information, the proposed equipment configuration being an equipment configuration that satisfies the user request and that is the current equipment configuration with at least one of the current component configuration or the current control program being changed.” The limitation is a mental process, reasonable performed in the mind. “determine” is to decide. Thus, a person can determine or decide something or configuration based on observation or data.
At Step 2, Prong 2:
“processing circuitry to acquire current equipment configuration information indicating a current equipment configuration containing a current component configuration of a working machine for processing physical objects and a current control program of the working machine.” The limitation is an example of insignificant extra-solution activity, mere data gathering (e.g., see. MPEP 2106.05(g)).
“acquire operation history information indicating an operation history of the working machine.” The limitation is an example of insignificant extra-solution activity, mere data gathering (e.g., see. MPEP 2106.05(g)).
“acquire accuracy achievement information indicating a processing accuracy achieved by the working machine” The limitation is an example of insignificant extra-solution activity, mere data gathering (e.g., see. MPEP 2106.05(g)).
“acquire a user request for processing accuracy.” The limitation is an example of insignificant extra-solution activity, mere data gathering or selecting a particular data source or type of data to be manipulated (e.g., see. MPEP 2106.05(g)).
“acquire product information indicating at least one of a lineup of components applicable to the working machine or a lineup of control programs applicable to the working machine” The limitation is an example of insignificant extra-solution activity, mere data gathering (e.g., see. MPEP 2106.05(g)).
“output proposed equipment related information that is information related to the proposed equipment configuration.” The limitation is an example of field of use and technological environment without any limitations specifying how to achieve the desired result (e.g., see. MPEP 2106.05(a) I. & II., MPEP 2106.05(h)).
Accordingly, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaning full limits on practicing the abstract idea. The claim is directed to an abstract idea.
At Step 2B:
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. The claim limitations are recited at a high level of generality and amount to insignificant extra-solution activity. With respect to the monitoring and data entry limitations (addressed as insignificant extra-solution activity above) these steps are also well-understood, routine, or conventional. See MPEP 2106.05(d)(II): receiving or transmitting data over a network; storing and retrieving information in memory; electronic recordkeeping. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements amount to no more than instructions to apply the exception using generic computing or electronic components.
Regarding claim 2,
At Step 2A, Prong 1:
“wherein the processing circuitry selects a first trajectory among trajectories drawn by a traveling member while the working machine is processing an object, the traveling member being included in the working machine.” The limitation is a mental process, reasonable performed in the mind. “select” is to carefully choose as being the best or most suitable as defined in Oxford Languages. Thus, a person can select one among a plurality of options based on other observation or data in mind.
“specifies a first component in the current component configuration, the first component being used when the traveling member draws the first trajectory.” The limitation is a mental process, reasonable performed in the mind. “specify” is to identify clearly and definitely as defined in Oxford Languages. Thus, a person can specify or identify a property, which is a value, based on other observation or data in mind.
“determines, as the proposed equipment configuration, an equipment configuration that is the current equipment configuration with a new component applied in place of the first component, or an equipment configuration that is the current equipment configuration with a new component applied in addition to the first component” The limitation is a mental process, reasonable performed in the mind. “determine” is to decide. Thus, a person can determine or decide something or configuration based on observation or data.
Regarding claim 3,
At Step 2A, Prong 1
“wherein the processing circuitry selects, as the first trajectory based on the current equipment configuration information and the operation history information, a frequently drawn trajectory among the trajectories drawn by the traveling member.” The limitation is a mental process, reasonable performed in the mind. “select” is to carefully choose as being the best or most suitable as defined in Oxford Languages. Thus, a person can select one among a plurality of options based on other observation or data in mind.
Regarding claim 4,
At Step 2A, Prong 1:
“wherein the processing circuitry selects, as the first trajectory, based on the current equipment configuration information and the operation history information, a trajectory that readily causes vibration among the trajectories drawn by the traveling member.” The limitation is a mental process, reasonable performed in the mind. “select” is to carefully choose as being the best or most suitable as defined in Oxford Languages. Thus, a person can select one among a plurality of options based on other observation or data in mind.
Regarding claim 5,
At Step 2A, Prong 1:
“wherein the processing circuitry specifies one or more candidate components corresponding to the first component from the lineup indicated by the product information, and determines, as the new component, a candidate component satisfying the user request, among the one or more candidate components” The limitation is a mental process, reasonable performed in the mind. “specify” is to identify clearly and definitely as defined in Oxford Languages. Thus, a person can specify or identify a property, which is a value, based on other observation or data in mind. “determine” is to decide. Thus, a person can determine or decide something or configuration based on observation or data.
Regarding claim 6,
At Step 2A, Prong 1:
“wherein the processing circuitry specifies a frequency that readily causes vibration among frequencies used while the working machine is processing an object, and determines, as the proposed equipment configuration, an equipment configuration containing a control program in which the specified frequency is not used.” The limitation is a mental process, reasonable performed in the mind. “specify” is to identify clearly and definitely as defined in Oxford Languages. Thus, a person can specify or identify a property, which is a value, based on other observation or data in mind. “determine” is to decide. Thus, a person can determine or decide something or configuration based on observation or data.
Regarding claim 7
At Step 2A, Prong 1:
“specifies, as the parameter value indicating the accuracy-related property of the working machine, a parameter value corresponding to a feature quantity that is minimum in the calculated deviation among a plurality of the feature quantities indicated by the accuracy database information.” The limitation is a mental process, reasonable performed in the mind. “specify” is to identify clearly and definitely as defined in Oxford Languages. Thus, a person can specify or identify a property, which is a value, based on other observation or data in mind.
At Step 2A, Prong 2:
“wherein the processing circuitry, based on accuracy database information containing at least one of (i) simulation information indicating, for each of parameter values each indicating the accuracy-related property, a result of simulation of a feature quantity of a vibration characteristic or processing accuracy or (ii) actual-device experiment information indicating, for each of the parameter values, an experimental result of an experiment for a feature quantity of a vibration characteristic or processing accuracy that is performed using an actual device, calculates, for each of the parameter values, a deviation of the feature quantity indicated by the accuracy database information from the feature quantity indicated by the accuracy achievement information.” The limitation is an example of insignificant extra-solution activity, mere data gathering. The caveat of the limitation is a description of the nature of the data itself and at best a general link to a particular field of use (e.g., see MPEP 2106.05(h) (vi. Electric Power example). The database itself is generically recited at a high level of generality.
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 elements amount to no more than mere instructions to apply the exception - using generic computing components - and general linking of the abstract idea to a particular technological environment or field of use. With respect to the monitoring and data entry limitations (addressed as insignificant extra-solution activity above) these steps are also well-understood, routine, or conventional. See MPEP 2106.05(d)(II): receiving or transmitting data over a network; storing and retrieving information in memory; electronic recordkeeping.
Regarding claim 8,
At Step 2A, Prong 1:
“wherein the processing circuitry calculates, for each of parameter values each indicating the accuracy-related property, using a trained model that is established for the parameter value and that outputs accuracy prediction information in response to input of the operation history information, a deviation of a feature quantity indicated by the accuracy prediction information from a feature quantity indicated by the accuracy achievement information” The claim limitation is a mathematical concept. The limitation recites calculating a deviation for each parameter, which is a measure to quantify the disparity between an observed value of a variable and another designated value, frequently the mean of that variable.
“specifies, as the parameter value indicating the accuracy-related property of the working machine, a parameter value that is minimum in the calculated deviation among the parameter values.” The limitation is a mental process, reasonable performed in the mind. “specify” is to identify clearly and definitely as defined in Oxford Languages. Thus, a person can specify or identify a property, which is a value, based on other observation or data in mind.
Regarding claim 9,
At Step 2A, Prong 1:
“calculates a deviation of a feature quantity indicated by the accuracy prediction information from a feature quantity indicated by the accuracy achievement information” The claim limitation is a mathematical concept. The limitation recites calculating a deviation for each parameter, which is a measure to quantify the disparity between an observed value of a variable and another designated value, frequently the mean of that variable.
“specifies, as the parameter value indicating the accuracy-related property of the working machine, a parameter value provided when the calculated deviation reaches the allowable deviation or smaller.” The limitation is a mental process, reasonable performed in the mind. “specify” is to identify clearly and definitely as defined in Oxford Languages. Thus, a person can specify or identify a property, which is a value, based on other observation or data in mind.
At Step 2A, Prong 2:
“wherein the processing circuitry acquires accuracy prediction information, through simulation that outputs the accuracy prediction information in response to input of a parameter value indicating the accuracy-related property and the operation history information” “repeats processing of acquiring the accuracy prediction information through the simulation while updating the parameter value with an optimizer until the calculated deviation reaches an allowable deviation or smaller” The limitation is an example of insignificant extra-solution activity, mere data gathering (e.g., see. MPEP 2106.05(g)).
“sets a standard parameter value as an initial value of the parameter value” The limitation is an example of an “apply it” type limitation (see MPEP 2106.05(f)(1) – the claim recites only the idea of a solution or outcome without reciting details on how it is accomplished.)
Accordingly, these additional elements do not integrate the abstract idea into a practical application because they do no impose any meaning full limits on practicing the abstract idea. The claim is directed to an abstract idea.
At Step 2B:
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. The claim limitations are recited at a high level of generality and amount to insignificant extra-solution activity. With respect to the monitoring and data entry limitations (addressed as insignificant extra-solution activity above) these steps are also well-understood, routine, or conventional. See MPEP 2106.05(d)(II): receiving or transmitting data over a network; storing and retrieving information in memory; electronic recordkeeping. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements amount to no more than instructions to apply the exception using generic computing or electronic components.
Regarding claim 10,
At Step 2A, Prong 1:
“calculates a deviation of a feature quantity indicated by the accuracy prediction information from a feature quantity indicated by the accuracy achievement information” The claim limitation is a mathematical concept. The limitation recites calculating a deviation for each parameter, which is a measure to quantify the disparity between an observed value of a variable and another designated value, frequently the mean of that variable.
“specifies, as the parameter value indicating the accuracy-related property of the working machine, a parameter value provided when the calculated deviation reaches the allowable deviation or smaller” The limitation is a mental process, reasonable performed in the mind. “specify” is to identify clearly and definitely as defined in Oxford Languages. Thus, a person can specify or identify a property, which is a value, based on other observation or data in mind.
At Step 2A, Prong 2:
“acquires accuracy prediction information, using a trained model that outputs the accuracy prediction information in response to input of a parameter value indicating the accuracy-related property and the operation history information” “repeats processing of acquiring the accuracy prediction information using the trained model while updating the parameter value with an optimizer until the calculated deviation reaches an allowable deviation or smaller” The limitation is an example of insignificant extra-solution activity, mere data gathering (e.g., see. MPEP 2106.05(g)).
“sets a standard parameter value as an initial value of the parameter value” The limitation is an example of an “apply it” type limitation (see MPEP 2106.05(f)(1) – the claim recites only the idea of a solution or outcome without reciting details on how it is accomplished.)
Accordingly, these additional elements do not integrate the abstract idea into a practical application because they do no impose any meaning full limits on practicing the abstract idea. The claim is directed to an abstract idea.
At Step 2B:
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. The claim limitations are recited at a high level of generality and amount to insignificant extra-solution activity. With respect to the monitoring and data entry limitations (addressed as insignificant extra-solution activity above) these steps are also well-understood, routine, or conventional. See MPEP 2106.05(d)(II): receiving or transmitting data over a network; storing and retrieving information in memory; electronic recordkeeping. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements amount to no more than instructions to apply the exception using generic computing or electronic components.
Regarding claim 11,
The claim limitation “the proposal device according to claim 1” is rejected under 35 U.S.C. § 101, as discussed above. The claim 11 further recites the limitation “a working machine; and a display device, wherein the working machine includes a storage to store the current equipment configuration information and the operation history information, and the display device includes a display to display the proposed equipment related information output from the proposal device.”
At Step 2A, Prong 2:
“a working machine; and a display device, wherein the working machine includes a storage to store the current equipment configuration information and the operation history information” The limitation is recited at a high level of generality, and amount to no more than generic computing elements.
“the display device includes a display to display the proposed equipment related information output from the proposal device” The limitation is an example of field of use and technological environment without any limitations specifying how to achieve the desired result (e.g., see. MPEP 2106.05(a) I. & II., MPEP 2106.05(h)).
Accordingly, these additional elements do not integrate the abstract idea into a practical application because they do no impose any meaning full limits on practicing the abstract idea. The claim is directed to an abstract idea.
At Step 2B:
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. The claim limitations are recited at a high level of generality and amount to insignificant extra-solution activity. A claim reciting a generic computer component performing a generic computer function is necessarily ineligible (see MPEP 2106.05(d) II.). With respect to the monitoring and data entry limitations (addressed as insignificant extra-solution activity above) these steps are also well-understood, routine, or conventional. See MPEP 2106.05(d)(II): receiving or transmitting data over a network; storing and retrieving information in memory; electronic recordkeeping.
Regarding claim 12,
At Step 2A, Prong 1:
“specifying an accuracy-related property, based on current equipment configuration information, operation history information, and accuracy achievement information, the accuracy-related property being a property affecting a processing accuracy of a working machine, the current equipment configuration information indicating a current equipment configuration containing a current component configuration of the working machine and a current control program of the working machine, the operation history information indicating an operation history of the working machine, the accuracy achievement information indicating a processing accuracy achieved by the working machine” The limitation is a mental process, reasonable performed in the mind. “specify” is to identify clearly and definitely as defined in Oxford Languages. Thus, a person can specify or identify a property, which is a value, based on other observation or data in mind.
“determining a proposed equipment configuration, based on the current equipment configuration information, the accuracy-related property, and product information, the proposed equipment configuration being an equipment configuration that satisfies the user request and that is the current equipment configuration with at least one of the current component configuration or the current control program being changed, the product information indicating at least one of a lineup of components applicable to the working machine or a lineup of control programs applicable to the working machine” The limitation is a mental process, reasonable performed in the mind. “determine” is to decide. Thus, a person can determine or decide something or configuration based on observation or data.
At Step 2A, Prong 2:
“presenting proposed equipment related information that is information related to the proposed equipment configuration” The limitation is an example of field of use and technological environment without any limitations specifying how to achieve the desired result (e.g., see. MPEP 2106.05(a) I. & II., MPEP 2106.05(h)).
Accordingly, these additional elements do not integrate the abstract idea into a practical application because they do no impose any meaning full limits on practicing the abstract idea. The claim is directed to an abstract idea.
At Step 2B:
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. The claim limitations are recited at a high level of generality and amount to insignificant extra-solution activity. With respect to the monitoring and data entry limitations (addressed as insignificant extra-solution activity above) these steps are also well-understood, routine, or conventional. See MPEP 2106.05(d)(II): receiving or transmitting data over a network; storing and retrieving information in memory; electronic recordkeeping.
Regarding claim 13,
At Step 2A, Prong 1:
“a property specifier to specify an accuracy-related property, based on current equipment configuration information, operation history information, and accuracy achievement information, the accuracy-related property being a property affecting a processing accuracy of a working machine, the current equipment configuration information indicating a current equipment configuration containing a current component configuration of the working machine and a current control program of the working machine, the operation history information indicating an operation history of the working machine, the accuracy achievement information indicating a processing accuracy achieved by the working machine” The limitation is a mental process, reasonable performed in the mind. “specify” is to identify clearly and definitely as defined in Oxford Languages. Thus, a person can specify or identify a property, which is a value, based on other observation or data in mind.
“an equipment configuration determiner to determine a proposed equipment configuration, based on the current equipment configuration information, the accuracy-related property, and product information, the proposed equipment configuration being an equipment configuration that satisfies the user request and that is the current equipment configuration with at least one of the current component configuration or the current control program being changed, the product information indicating at least one of a lineup of components applicable to the working machine or a lineup of control programs applicable to the working machine.” The limitation is a mental process, reasonable performed in the mind. “determine” is to decide. Thus, a person can determine or decide something or configuration based on observation or data.
At Step 2A, Prong 2:
“a non-transitory computer-readable recording medium storing a program configured to cause a computer to function” The limitation is recited at a high level of generality, and amount to no more than generic computing elements.
Accordingly, these additional elements do not integrate the abstract idea into a practical application because they do no impose any meaning full limits on practicing the abstract idea. The claim is directed to an abstract idea.
At Step 2B:
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. The claim limitations are recited at a high level of generality. A claim reciting a generic computer component performing a generic computer function is necessarily ineligible (see MPEP 2106.05(d) II.).
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-3, 5, 8-13 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Clark et al. (United States Patent Application Publication US 2020/0006100), hereinafter Clark.
Regarding claim 1, Clark teaches a proposal device comprising: processing circuitry ([0204] “FIG. 12 illustrates an exemplary hardware and software environment for an apparatus 1210 suitable for providing the active interdiction control system of the invention…any computer, computer system, or programmable device e.g., portable computers and devices, handheld devices, network devices, etc. [0205] “Computer 1210 typically includes at least one processor 1212 coupled to a memory 1214.””) to acquire current equipment configuration information indicating a current equipment configuration containing a current component configuration of a working machine for processing physical objects and a current control program of the working machine ([0078] “The invention can use the data collected for providing virtual metrology (VM), run-to-run (R2R) control to monitor and control process variations, statistical process control (SPC) to alert operators that equipment and/or process is operating outside control limits, advanced process control (APC), fault detection and classification (FDC), fault prediction, equipment health monitoring (EHM), predictive maintenance (PM), predictive scheduling, yield prediction, among other advantages.” [0378] “self-optimization component functionality is to analyze the current health (e.g., performance) of a manufacturing platform/tool system 1910 and then determine if non-conformities are detected and, based on the results of the current health analysis, diagnose or rank substantially all potential causes for health deterioration of the tool system 1910 and the cause of such non-conformities,…” The invention monitors the manufacturing platform/tool system including various processing modules and measures a workpiece, which is processed by the processing modules before and between different processes. When monitoring the processing modules, various parameters of the processing modules, which are set by programs to control the processing modules, are also monitored. Thus, data from the monitoring of the processing modules and the measurements of the workpieces are acquired.),
acquire operation history information indicating an operation history of the working machine ([0340] “Long term memory 2110 can generally comprise a knowledge base that contains information about manufacturing platform components (e.g., processing modules, measurement modules, inspection systems, transfer modules and so on), relationships, processing steps and procedures.” [0356], [0380] “Self-awareness component…” [0359]- [0361] “AKM 2330”, [0362] “an awareness schedule adapter (ASA) 2360”, [0364] “preventive tool maintenance (PM)”, [0366] “a drift of measured parameters…” Furthermore, the data of the parameters and operation of the processing modules are stored for diagnostic, prediction and remedial actions.),
acquire accuracy achievement information indicating a processing accuracy achieved by the working machine ([0406] “As a result of performance assessment(s), autonomous system 3108 can locate tools, or group of tools, in process stations 31101-311ON with specific degrees of performance degradation. In addition, for the selected station, autonomous system 3108 can provide an assessment report, a repair(s) report, or a maintenance schedule.”),
specify an accuracy-related property, based on the current equipment configuration information, the operation history information, and the accuracy achievement information, the accuracy-related property being a property affecting the processing accuracy of the working machine ([0324]-[0325], [0329], Various parameters of the previous operations and current health of the processing modules, and measurements of the workpieces, which are sued to determine defects of the workpiece and the issues or problems of the processing modules, are determined or specified.),
acquire a user request for processing accuracy ([0324] “Information input 1958 (e.g., data) supplied by an actor 1990, e.g., a human agent, can comprise data identifying a variable associated with a process, a relationship between two or more variables, a causal graph (e.g., a dependency graph), or an episode information… information input 1958 supplied by actor 1990 can be a hint, whereby an indication to learn a particular relationship among process variables is made.”),
acquire product information indicating at least one of a lineup of components applicable to the working machine or a lineup of control programs applicable to the working machine ([0407] “availability of reports can facilitate failure simulations or forensic analysis of a failure episode, which can reduce manufacturing costs in at least two levels: (a) costly, infrequently failing equipment can be predicted to fail under rare conditions, which can be simulated by autonomous system 1960, arising from operation of equipment by an actor with a background non-commensurate with the complexity of the equipment, (b) optimization of parts inventory through prediction of various failure scenarios based at least in part on historical data stored in assessment reports 3150 and repair reports 3160.”),
determine a proposed equipment configuration, based on the current equipment configuration information, the accuracy-related property, and the product information, the proposed equipment configuration being an equipment configuration that satisfies the user request and that is the current equipment configuration with at least one of the current component configuration or the current control program being changed ([0407] “When result(s) 3149 of such an assessment indicate that N-station output 3120 is faulty, autonomous system 3104 isolates a faulty tool, or group of tools or platform, associated with process station N, and generates a report (e.g., assessment report 3150, repair(s) report 3160, or maintenance schedule 3170). The generated report(s) can contain information to be utilized by one or more actors (e.g., actors 19901 -1990 Q). 1” Based on the various data of the processing modules, such as the current status and the history of the operations and the measurements of the workpieces and the input by the actor or the user, the parameters of the processing modules, the maintenance or the repair of the processing modules, and the change of the fabrication process are determined.), and
output proposed equipment related information that is information related to the proposed equipment configuration ([0078] “The invention can use the data collected for providing virtual metrology (VM), run-to-run (R2R) control to monitor and control process variations, statistical process control (SPC) to alert operators that equipment and/or process is operating outside control limits, advanced process control (APC), fault detection and classification (FDC), fault prediction, equipment health monitoring (EHM), predictive maintenance (PM), predictive scheduling, yield prediction, among other advantages.” [0206] “For interface with a user or operator, computer 1210 typically includes one or more user input devices coupled through a human machine interface (HMI) 1224. Computer 1210 may also include a display as part of the HMI for providing visual output to an operator in accordance with the system of the invention when non-conformities are detected.”).
Regarding claim 2, Clark teaches wherein the processing circuitry selects a first trajectory among trajectories drawn by a traveling member while the working machine is processing an object, the traveling member being included in the working machine, specifies a first component in the current component configuration, the first component being used when the traveling member draws the first trajectory ([0149] “the inspection system may perform a measurement along a path extending across or partially across the workpiece. Such a path may include a line, a sequence of lines, an arc, a circular curve, a spiral curve, an Archimedean spiral, a logarithmic spiral, a golden spiral, or some combination thereof.”), and
determines, as the proposed equipment configuration, an equipment configuration that is the current equipment configuration with a new component applied in place of the first component, or an equipment configuration that is the current equipment configuration with a new component applied in addition to the first component ([0134] “The active interdiction control system collects workpiece measurement data generally on-the-fly as the substrate moves in the processing sequence between one or more of the processing modules and the measurement/metrology module 516. The data is captured and then analyzed and processed to detect non-conformities and defects and provide corrective processing as discussed herein. The active interdiction control system 522 provides the necessary control of the processing steps of the sequence to make control adjustments to various fabrication processing steps as performed in order to correct for the detected non-conformities/defects.” [0406] “As a result of performance assessment(s), autonomous system 3108 can locate tools, or group of tools, in process stations 31101-311ON with specific degrees of performance degradation. In addition, for the selected station, autonomous system 3108 can provide an assessment report, a repair(s) report, or a maintenance schedule.” [0407] “availability of reports can facilitate failure simulations or forensic analysis of a failure episode, which can reduce manufacturing costs in at least two levels: (a) costly, infrequently failing equipment can be predicted to fail under rare conditions, which can be simulated by autonomous system 1960, arising from operation of equipment by an actor with a background non-commensurate with the complexity of the equipment, (b) optimization of parts inventory through prediction of various failure scenarios based at least in part on historical data stored in assessment reports 3150 and repair reports 3160.”).).
Regarding claim 3, Clark teaches wherein the processing circuitry selects, as the first trajectory based on the current equipment configuration information and the operation history information, a frequently drawn trajectory among the trajectories drawn by the traveling member ([0149] “the inspection system may perform a measurement along a path extending across or partially across the workpiece. Such a path may include a line, a sequence of lines, an arc, a circular curve, a spiral curve, an Archimedean spiral, a logarithmic spiral, a golden spiral, or some combination thereof.” [0152] “the inspection systems might be arranged and positioned to make measurements and gather data from a bottom surface of the workpiece, if desired.”).
Regarding claim 5, Clark teaches wherein the processing circuitry specifies one or more candidate components corresponding to the first component from the lineup indicated by the product information, and determines, as the new component, a candidate component satisfying the user request, among the one or more candidate components ([0396] “group or individual time-to-failure schedule can be complemented, autonomously in an aspect, with additional information such as cost of parts, time to replace parts, and so forth, to determine whether replacement of a part during a current maintenance cycle is beneficial with respect to the replacement of the part in a forthcoming scheduled maintenance cycle.”).
Regarding claim 8, Clark teaches wherein the processing circuitry, based on accuracy database information containing at least one of (i) simulation information indicating, for each of parameter values each indicating the accuracy-related property, a result of simulation of a feature quantity of a vibration characteristic or processing accuracy or (ii) actual-device experiment information indicating, for each of the parameter values, an experimental result of an experiment for a feature quantity of a vibration characteristic or processing accuracy that is performed using an actual device ([0210] “the active interdiction control system includes a pattern recognition component, such as pattern recognition engine 1122 that is operable to extract and classify data patterns from the measured and predict whether or not a non-conformity exists based on the measured data.”),
calculates, for each of the parameter values, a deviation of the feature quantity indicated by the accuracy database information from the feature quantity indicated by the accuracy achievement information, and specifies, as the parameter value indicating the accuracy-related property of the working machine, a parameter value corresponding to a feature quantity that is minimum in the calculated deviation among a plurality of the feature quantities indicated by the accuracy database information ([0211] “The pattern recognition engine may implement a correlation engine 1126 that accesses one or more learned attributes, 1128, such as in a database 1132 in order to correlate measured data in the form of a data pattern with a learned attribute. For example, one learned attribute might include a defect on the workpiece, such as one or more particle contaminants. Such a defect could be correlated with the measured data pattern for detecting a non-conformity to be addressed. In other embodiments, the defect might indicate an out-of-tolerance condition for a workpiece attribute. For example, the workpiece attribute that is out-of-tolerance might include a thickness, a critical dimension (CD), a surface roughness, a feature profile, a pattern edge placement, a void, a loss of selectivity, a measure of non-uniformity, or a loading effect. Such defects or various combinations of such defects may be used for pattern recognition of non-conformities by the active interdiction control system.” [0365] “Actor 1990 can guide the autonomous system by informing the system that it can average wafer level run data and assess a drift in critical parameters across PM intervals.”).
Regarding claim 9, Clark teaches wherein the processing circuitry acquires accuracy prediction information, through simulation that outputs the accuracy prediction information in response to input of a parameter value indicating the accuracy-related property and the operation history information, calculates a deviation of a feature quantity indicated by the accuracy prediction information from a feature quantity indicated by the accuracy achievement information, sets a standard parameter value as an initial value of the parameter value, repeats processing of acquiring the accuracy prediction information through the simulation while updating the parameter value with an optimizer until the calculated deviation reaches an allowable deviation or smaller, and specifies, as the parameter value indicating the accuracy-related property of the working machine, a parameter value provided when the calculated deviation reaches the allowable deviation or smaller ([0214] “The autonomous learning engine receives the measured data and generates a knowledge. That knowledge characterizes the measurement data 1136 and performance of the process sequence, and upon the detection of a non-conformity decides an action plan or corrective processing plan to correct the process sequence in the event a non-conformity exists. The autonomous learning engine will also implement one or more of the process parameter data 1138 that may be associated with measured or diagnostic data for a process module and platform performance data 1140 associated with the manufacturing platform and the process modules thereon. The process parameter data and platform performance data are combined in the autonomous learning engine with the measurement data for forming the knowledge.” [0215]-[0221], [0226] “if a defect or non-conformity is detected, there may be a corrective adjustment made in a processing module that is upstream or downstream in the processing sequence from where the workpiece is currently located in order to try and correct the defect or non-conformity.” [0272] “the above described processing steps may be repeated one or more times to increase the thickness of the film 1310 on the workpiece.” [0210] “When coupled with plural observations, a model composed of one or more principal components can be established, and subsequently used to 'score' a processed workpiece. When a score, or sequence of scores, deviates from a defined 'normal behavior', or acceptable process window, corrective action can proceed, i.e., perform corrective action in an upstream and/or downstream process, or rework an upstream process by removing the process outcome and repeating, e.g.”).
Regarding claim 10, Clark teaches wherein the processing circuitry acquires accuracy prediction information, using a trained model that outputs the accuracy prediction information in response to input of a parameter value indicating the accuracy-related property and the operation history information, calculates a deviation of a feature quantity indicated by the accuracy prediction information from a feature quantity indicated by the accuracy achievement information, sets a standard parameter value as an initial value of the parameter value, repeats processing of acquiring the accuracy prediction information using the trained model while updating the parameter value with an optimizer until the calculated deviation reaches an allowable deviation or smaller, and specifies, as the parameter value indicating the accuracy-related property of the working machine, a parameter value provided when the calculated deviation reaches the allowable deviation or smaller ([0214] “The autonomous learning engine receives the measured data and generates a knowledge. That knowledge characterizes the measurement data 1136 and performance of the process sequence, and upon the detection of a non-conformity decides an action plan or corrective processing plan to correct the process sequence in the event a non-conformity exists. The autonomous learning engine will also implement one or more of the process parameter data 1138 that may be associated with measured or diagnostic data for a process module and platform performance data 1140 associated with the manufacturing platform and the process modules thereon. The process parameter data and platform performance data are combined in the autonomous learning engine with the measurement data for forming the knowledge.” [0215]-[0221], [0226] “if a defect or non-conformity is detected, there may be a corrective adjustment made in a processing module that is upstream or downstream in the processing sequence from where the workpiece is currently located in order to try and correct the defect or non-conformity.” [0272] “the above described processing steps may be repeated one or more times to increase the thickness of the film 1310 on the workpiece.” [0210] “When coupled with plural observations, a model composed of one or more principal components can be established, and subsequently used to 'score' a processed workpiece. When a score, or sequence of scores, deviates from a defined 'normal behavior', or acceptable process window, corrective action can proceed, i.e., perform corrective action in an upstream and/or downstream process, or rework an upstream process by removing the process outcome and repeating, e.g.”).
Regarding claim 11, Clark teaches a proposal system comprising: the proposal device according to claim 1; a working machine, as discussed above in the rejected claim 1.
Clark further teaches a display device, wherein the working machine includes a storage to store the current equipment configuration information and the operation history information, and the display device includes a display to display the proposed equipment related information output from the proposal device ([0078] “The invention can use the data collected for providing virtual metrology (VM), run-to-run (R2R) control to monitor and control process variations, statistical process control (SPC) to alert operators that equipment and/or process is operating outside control limits, advanced process control (APC), fault detection and classification (FDC), fault prediction, equipment health monitoring (EHM), predictive maintenance (PM), predictive scheduling, yield prediction, among other advantages.” [0206] “For interface with a user or operator, computer 1210 typically includes one or more user input devices coupled through a human machine interface (HMI) 1224. Computer 1210 may also include a display as part of the HMI for providing visual output to an operator in accordance with the system of the invention when non-conformities are detected.” [0347] “Self-conceptualization component 2160 can be configured to build an understanding of important manufacturing platform and tool system 1910 relationships (e.g., one or more process chamber behavior functions) and descriptions ( e.g., statistics regarding requested and measured parameters, influence of parameters on degradation, etc.)… The understanding is established autonomously ( e.g., by inference and contextual goal adaptation originated from input data; inference can be accomplished, for example, via multivariate regression or evolutionary programming, such as genetic algorithms) by autonomous learning system 1960, or through an actor 1990 (e.g., a human agent) supplied guidance.”).
Regarding claim(s) 12, the claim(s) 12 is the method claim of the apparatus claim(s) 1. The claim(s) 12 does(do) not further teach or define the limitation over the limitations recited in the rejected claims above. Therefore, Clark teaches all the limitations of the claim(s) 12.
Regarding claim 13, Clark teaches a non-transitory computer-readable recording medium storing a program configured to cause a computer to function as:
a property specifier to specify an accuracy-related property, based on current equipment configuration information, operation history information, and accuracy achievement information, the accuracy-related property being a property affecting a processing accuracy of a working machine, the current equipment configuration information indicating a current equipment configuration containing a current component configuration of the working machine and a current control program of the working machine, the operation history information indicating an operation history of the working machine, the accuracy achievement information indicating a processing accuracy achieved by the working machine ([0128] “The control system 422 also uses measured data as well as in-situ processing data output by the processing modules to detect non-conformities or defects in the workpiece and provide corrective processing…hard-wired circuitry may be used in place of or in combination with software instructions for implementing the invention.” [0078] “The invention can use the data collected for providing virtual metrology (VM), run-to-run (R2R) control to monitor and control process variations, statistical process control (SPC) to alert operators that equipment and/or process is operating outside control limits, advanced process control (APC), fault detection and classification (FDC), fault prediction, equipment health monitoring (EHM), predictive maintenance (PM), predictive scheduling, yield prediction, among other advantages.” [0378] “self-optimization component functionality is to analyze the current health (e.g., performance) of a manufacturing platform/tool system 1910 and then determine if non-conformities are detected and, based on the results of the current health analysis, diagnose or rank substantially all potential causes for health deterioration of the tool system 1910 and the cause of such non-conformities,…” [0340] “Long term memory 2110 can generally comprise a knowledge base that contains information about manufacturing platform components (e.g., processing modules, measurement modules, inspection systems, transfer modules and so on), relationships, processing steps and procedures.” [0356], [0380] “Self-awareness component…” [0359]- [0361] “AKM 2330”, [0362] “an awareness schedule adapter (ASA) 2360”, [0364] “preventive tool maintenance (PM)”, [0366] “a drift of measured parameters…”); and
an equipment configuration determiner to determine a proposed equipment configuration, based on the current equipment configuration information, the accuracy-related property, and product information, the proposed equipment configuration being an equipment configuration that satisfies the user request and that is the current equipment configuration with at least one of the current component configuration or the current control program being changed, the product information indicating at least one of a lineup of components applicable to the working machine or a lineup of control programs applicable to the working machine ([0407] “When result(s) 3149 of such an assessment indicate that N-station output 3120 is faulty, autonomous system 3104 isolates a faulty tool, or group of tools or platform, associated with process station N, and generates a report (e.g., assessment report 3150, repair(s) report 3160, or maintenance schedule 3170). The generated report(s) can contain information to be utilized by one or more actors (e.g., actors 19901 -1990 Q). 1” Based on the various data of the processing modules, such as the current status and the history of the operations and the measurements of the workpieces and the input by the actor or the user, the parameters of the processing modules, the maintenance or the repair of the processing modules, and the change of the fabrication process are determined.).
Response to Arguments
Applicant's arguments filed 6/15/2026 with respect to “REJECTIONS UNDER 35 U.S.C. § 101” have been fully considered but they are not persuasive.
Applicant argues that
Applicant respectfully submits that claims 1-13 are directed to the technology/technological field of working machine configuration for complying with user requests for processing accuracy, as clearly described throughout the Subject Application specification. More specifically, Applicant respectfully submits that claims 1-13 are directed to a technological improvement in the technology/technological field of working machine configuration for complying with user requests for processing accuracy, and thus, are not directed to a judicial exception (e.g., abstract idea) and/or transform the judicial exception into a practical application…
In other words, conventional methods and systems for configuring a working machine to comply with user-requested processing accuracy attempt to configure the working machine by determining motor control instructions that reduce vibrations during processing (e.g., improve accuracy), with the motor control instructions being determined based on the transfer model. However, such conventional methods and systems are confined to adjusting the motor conditions within a range achievable by the current working machine component configuration and control program, and thus, may not be capable of complying, or may find it difficult to comply, with user-requested processing accuracy. That is, the described conventional systems and methods do not determine or propose alternative or additional configurations of the working machine components and/or control program to ensure that the user-requested processing accuracy is met, but rather, merely make adjustments to motor control signals to the extent possible while utilizing the current working machine component configuration and control program in an attempt to satisfy the user-requested processing accuracy.
To solve this technical problem (e.g., to improve the technology/technological field), the methods, systems, and devices described in the Subject Application, and recited in claims 1-13, are directed to processing circuitry which acquires various types of information including the current working machine configuration, operation history of the current working machine configuration, and accuracy achievement information…
Applicant respectfully submits that the technological improvement of proposing alternate configurations of a working machine to satisfy user-requested processing accuracies, to which claims 1-13 are directed, amounts to significantly more than claiming the alleged judicial exception (e.g., abstract idea) and/or transforms the alleged judicial exception into a practical application.
Remarks Pages 10-12
Examiner respectfully disagrees with applicant’s argument that “Applicant respectfully submits that claims 1-13 are directed to a technological improvement in the technology/technological field of working machine configuration for complying with user requests for processing accuracy, and thus, are not directed to a judicial exception (e.g., abstract idea) and/or transform the judicial exception into a practical application.” Applicant discloses, in the specification and remarks, that “a conventional systems…do not determine or propose alternative or additional configurations of the working machine components and/or control program to ensure that the user-request processing accuracy is met, but rather, merely make adjustments to motor control signals to the extent possible while utilizing the current working machine component configuration and control program in an attempt to satisfy the user-requested processing accuracy.” Then, the applicant further discloses that the claimed invention is “processing circuitry which acquires various types of information including the current working machine configuration, operation history of the current working machine configuration, and accuracy achievement information,” and “the technological improvement of proposing alternate configurations of a working machine to satisfy user-requested processing accuracies, to which claims 1-13 are directed.” Thus, the claimed invention is to collect various data as disclosed in the specification and the claims and determine or propose configurations to satisfy user-requested processing accuracies, which do not control or adjust configurations of the working machine. The claimed invention discloses only a mental process to determine and propose the configurations based on the various collected data and the user-requests for processing accuracy. Furthermore, as discussed above in the claim rejection, the additional elements do not integrate the abstract idea into a practical application because they do not impose any meaning full limits on practicing the abstract idea.
Applicant’s arguments, see Remarks, filed 6/15/2026, with respect to the rejection(s) of claim(s) 1-10, 12, 13 under 35 U.S.C. § 102 and 35 U.S.C. § 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Clark. Clark teaches that “the invention can use the data collected for providing virtual metrology (VM), run-to-run (R2R) control to monitor and control process variations, statistical process control (SPC) to alert operators that equipment and/or process is operating outside control limits, advanced process control (APC), fault detection and classification (FDC), fault prediction, equipment health monitoring (EHM), predictive maintenance (PM), predictive scheduling, yield prediction, among other advantages”. Clark further teaches that the collected data is the health of the processing modules, history of operation of the processing modules, measurement of the workpiece.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/HYUN SOO KIM/Examiner, Art Unit 2176
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