Case 6:20-cv-01216-ADA Document 41-25 Filed 10/06/21 Page 1 of 23
`Case 6:20-cv-01216-ADA Document 41-25 Filed 10/06/21 Page 1 of 23
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`EXHIBIT 25
`EXHIBIT 25
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`Case 6:20-cv-01216-ADA Document 41-25 Filed 10/06/21 Page 2 of 23
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`PATENT
`
`In re Application of:
`GUSTAVO MATA ET AL.
`
`Serial No.: 10/135,145
`
`Filed: 4/30/2002
`
`For: AGENT REACTIVE SCHEDULING IN
`AN AUTOMATED MANUFACTURING
`ENVIRONMENT
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`Group Art Unit: 2125
`
`Examiner: JA YPRAKASH N. GANDHI
`
`Atty. Dkt. No.: 2000.079600/JAP
`
`CUSTOMER NO. 23720
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`APPEAL BRIEF
`
`MAILSTOP APPEAL BRIEF-Patents
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`Sir:
`
`CERTIFICATE OF MAILING UNDER 37 C.F.R. § 1.8
`
`DA TE OF DEPOSIT:
`
`I November 22, 2004
`I hereby certify that this paper or fee is being deposited with the United
`States Postal Service with sufficient postage as "FIRST CLASS MAIL"
`addressed to: Commissioner for Patents, P.O. Box 1450, Alexandria, VA
`22313-1450.
`
`~ ~
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`On September 14, 2004, Appellants filed a Notice of Appeal in response to a Paper No.
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`13 dated June 15, 2004, issued in connection with the above-identified application, which was
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`received and stamped by the USPTO Mailroom on June 18, 2004. In support of their appeal,
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`Appellants hereby submit an original and two copies of this Appeal Brief to the Board of Patent
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`Appeals and Interferences in response to the Paper No. 13 dated June 15, 2004 ("Paper No. 13").
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`The fee for filing this Appeal Brief is $340, and is authorized to be charged to Advanced Micro
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`Devices, Inc. Deposit Account No. 01-0365/TT4739.
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`Also, a request for a one month extension of time to respond is included herewith.
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`Enclosed is a check in the amount of $110 in payment for the extension. This one month
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`extension will bring the due date to December 14, 2004. If the check is inadvertently omitted, or
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`should any additional fees under 37 C.F.R. §§ 1.16 to 1.21 be required for any reason relating to
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`

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`Case 6:20-cv-01216-ADA Document 41-25 Filed 10/06/21 Page 3 of 23
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`the enclosed material, or should an overpayment be included herein, the Director is authorized to
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`deduct or credit said fees from or to Williams, Morgan & Amerson, P.C. Deposit Account No.
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`50-0786/2000. 079600/JAP.
`
`I.
`
`REAL PARTY IN INTEREST
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`Advanced Micro Devices, Inc., the assignee hereof, is the real party in interest.
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`II.
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`RELATED APPEALS AND INTERFERENCES
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`There are no related appeals or interferences of which Applicant, Applicant's legal
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`representative, or the Assignee is aware that will directly affect or be directly affected by or have
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`a bearing on the decision in this appeal.
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`III.
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`STATUS OF THE CLAIMS
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`Claims 1-53 are pending in the case, each having been originally filed. The "final"
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`Office Action ("Paper No. 13") rejected each of claims 1-53 as anticipated under 35 U.S.C. §
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`102 (b) by U.S. Letters Patent 5,369,570 ("Parad"). Applicants traverse each of the rejections,
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`and appeals each of them herein.
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`IV.
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`STATUS OF AMENDMENTS
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`There were no amendments submitted after the "final" Office Action.
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`

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`Case 6:20-cv-01216-ADA Document 41-25 Filed 10/06/21 Page 4 of 23
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`V.
`
`SUMMARY OF THE INVENTION
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`The invention, in its various aspects and embodiments, is a method and apparatus for
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`scheduling in an automated manufacturing environment. One such automated manufacturing
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`environment is the embodiment of FIG. 1, reproduced below. The illustrated portion of the
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`process flow 100 includes two stations 105, each station 105 including a computing device 110
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`communicating with a process tool 115. The stations 105 communicate with one another over
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`communications links 120. In the illustrated embodiment, the computing devices 110 and the
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`communications links 120 comprise a portion of a larger computing system, e.g., a network 125.
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`The process tools 115 in FIG. 1 are processing lots 130 of wafers 135 that will eventually
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`become integrated circuit devices.
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`100--.
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`105-.
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`110
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`120
`
`Jr-105
`
`120
`
`110
`
`130 ~=-'"-! PROCESS ..........-----, f---~ PROCESS t--"-".=--=-- 130
`TOOL
`TOOL
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`140
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`FIG. 1
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`Each computing device 110 includes, in the illustrated embodiment, a software agent
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`265, shown in FIG. 2, residing in the storage 210, also shown in FIG. 2. Note that the software
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`agents 265 may reside in the process flow 100 in places other than the computing devices 110.
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`The software agents 265 each represent some "manufacturing domain entity," e.g., a lot 130, a
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`process tool 115, a resource, a PM, or a Qual. The software agents 265, collectively, are
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`Case 6:20-cv-01216-ADA Document 41-25 Filed 10/06/21 Page 5 of 23
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`responsible for efficiently scheduling and controlling the lots 130 of wafers 135 through the
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`fabrication process.
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`In one particular embodiment, a method in accordance with the present invention detects
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`an occurrence of a predetermined event in a process flow, e.g., the process flow 100 in FIG. 1.
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`More particularly, the software agents 265 react to different events that occur within the process
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`flow 100. These events are identified beforehand, i.e., are "predetermined," so that appropriate
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`activities in reaction to those events can be defined. The appropriate actions will depend on a
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`number of factors including not only the type of manufacturing domain entity involved, but also
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`the type of event that is involved. The predetermined events are categorized, in the illustrated
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`embodiment, as one of three types: appointment state change, a factory state change, or an alarm
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`event. The reactive scheduling performed upon the occurrence of any particular event will
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`depend on the nature of the event and, to some degree, upon the particular implementation.
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`Next, the method notifies a software scheduling agent, e.g., a scheduling agent 265 in
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`FIG. 2, of the occurrence. Note that this implies a knowledge that such events are occurring
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`within the process flow 100. To this end, in the illustrated embodiment, the software agents 265
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`respond to additional software components, not shown, known as "publishers" (or, "notifiers")
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`and "subscribers." Agents create listeners which subscribe to one or more notifiers. Notifiers
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`"publish" events to their subscribing listeners when changes occur within the factory. Listeners,
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`in turn, call their subscribing software agent 265. Through a network of these types of publishers
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`and subscribers, the scheduling agents 265 can be kept apprised of events occurring in the
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`process flow 100.
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`The method then reactively schedules an action from the software scheduling agent, e.g.,
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`the software scheduling agent 265, responsive to the detection of the predetermined event.
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`

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`Case 6:20-cv-01216-ADA Document 41-25 Filed 10/06/21 Page 6 of 23
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`Typically, in the illustrated embodiment, reactive scheduling by the software agents 265 effects
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`changes to appointments that were, in the first instance, proactively scheduled. However, this is
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`not necessary to the practice of the invention. For instance, in one particular embodiment, the
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`software agents 265 schedule activities in reaction to a machine failure which causes the machine
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`to stop processing and requires a period of downtime in order to repair the machine. There
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`usually would not be any proactively scheduled appointment for such an event since a machine
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`failure usually cannot be predicted in advance.
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`Alternative embodiments include a computing system programmed to perform this
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`method, see FIG. 2, and a computer-readable program storage medium, e.g., the optical disk 230
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`or floppy electromagnetic disk 235 in FIG. 2, encoded with instructions to implement this
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`method.
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`In still another embodiment, the invention includes automated manufacturing
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`environment, see FIG. 1, comprising a process flow and a computing system. The computing
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`system further includes a plurality of software scheduling agents residing thereon, the software
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`scheduling agents being capable of reactively scheduling appointments for activities in the
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`process flow responsive to a plurality of predetermined events.
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`VI.
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`ISSUE ON APPEAL
`
`Whether claims 1-53 are anticipated under 35 U.S.C. § 102 (b) by U.S. Letters Patent
`
`5,369,570 ("Parad").
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`VII. GROUPING OF THE CLAIMS
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`The claims rise and fall together.
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`

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`Case 6:20-cv-01216-ADA Document 41-25 Filed 10/06/21 Page 7 of 23
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`VIII. ARGUMENT
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`Paper No. 13 rejected claims 1-53 as anticipated under 35 U.S.C. § 102 (b) by U.S.
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`Letters Patent 5,369,570 ("Parad"). An anticipating reference, by definition, must disclose every
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`limitation of the rejected claim in the same relationship to one another as set forth in the claim.
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`M.P.E.P. § 2131; In re Bond, 15 U.S.P.Q.2d (BNA) 1566, 1567 (Fed. Cir. 1990). Applicants
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`respectfully submit that Parad fails to meet this strict standard and that the rejections fail
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`procedurally.
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`A.
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`PARAD FAILS TO DISCLOSE ALL THE CLAIM LIMITATIONS
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`Each of the independent claims 1, 12, 19, 26, 33 and 44 recites a "software scheduling
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`agent." Paper No. 13 concedes that Parad fails to expressly disclose a software scheduling agent,
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`but alleges that such is an "inherent property of Parad [sic] invention." Inherency in anticipation
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`requires that the asserted proposition necessarily flow from the disclosure. In re Oelrich, 212 ·
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`U.S.P.Q. (BNA) 323, 326 (C.C.P.A. 1981); Ex parte Levy, 17 U.S.P.Q.2d (BNA) 1461, 1463-
`
`1464 (Pat. & Tm. Off. Bd. Pat. App. & Int. 1990); Ex parte Skinner, 2 U.S.P.Q.2d (BNA) 1788,
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`1 789 (Bd. Pat. App. & Int. 1987).
`
`To inherently anticipate, it is not enough that a reference could have, should have, or
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`would have been used as the claimed invention. "The mere fact that a certain thing may result
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`from a given set of circumstances is not sufficient." Oelrich, at 326, quoting Hansgirg v.
`
`Kemmer, 40 U.S.P.Q. (BNA) 665, 667 (C.C.P.A. 1939); In re Rijckaert, 28 U.S.P.Q.2d (BNA)
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`1955, 1957 (Fed. Cir. 1993), quoting Oelrich, at 326; see also Skinner, at 1789. "Inherency ...
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`may not be established by probabilities or possibilities. The mere fact that a certain thing may
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`result from a given set of circumstances is not sufficient." Skinner, at 1789.
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`

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`Case 6:20-cv-01216-ADA Document 41-25 Filed 10/06/21 Page 8 of 23
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`The existence of a "software scheduling agent" does not necessarily flow from Parad's
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`disclosure, and thus is not inherently disclosed therein. Parad expressly states at col. 7, lines 53-
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`54 that "[t]he present invention may be implemented in any combination of software, firmware,
`
`or hardware .... " Thus, even if the Office can identify some functionality, or collection of
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`functionalities, corresponding to that of Applicants' claimed "software scheduling agent," such
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`functionality need not necessarily be implemented in software in Parad. Parad's own disclosure
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`establishes that such functionality could be implemented in, for example, hardware, as opposed
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`to software.
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`Consequently, it does not necessarily flow that such functionality would be implemented
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`in a "software scheduling agent", and Parad fails to inherently teach such a limitation. The
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`Office has already conceded that Parad does not expressly teach a "software scheduling agent."
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`Accordingly, Parad fails to anticipate any of the claims. In re Oelrich, 212 U.S.P.Q. (BNA) 323,
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`326 (C.C.P.A. 1981); Ex parte Levy, 17 U.S.P.Q.2d (BNA) 1461, 1463-1464 (Pat. & Tm. Off.
`
`Bd. Pat. App. & Int. 1990); Ex parte Skinner, 2 U.S.P.Q.2d (BNA) 1788, 1789 (Bd. Pat. App. &
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`Int. 1987).
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`B.
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`THE PRIMA FACIE CASE IS DEFICIENT
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`"It is by now well settled that the burden of establishing a prima facie case of anticipation
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`resides with the Patent and Trademark Office.
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`In re Piasecki, 745 F.2d 1468, 1472, 223
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`U.S.P.Q. 785, 788 (Fed. Cir. 1984), quoting In re Warner, 379 F.2d 1011, 1016, 154 U.S.P.Q.
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`173, 177 (C.C.P.A. 1967); Ex parte Skinner, 2 U.S.P.Q.2d (BNA) 1788, 1788-89 (Bd. Pat. App.
`
`& Int. 1987). "[I]t is incumbent upon the examiner to identify wherein each and every facet of
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`the claimed invention is disclosed in the applied reference." Ex parte Levy, 17 U.S.P.Q.2d
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`(BNA) 1461, 1462 (Pat. & Tm. Off. Bd. Pat. App. & Int. 1990). Where anticipation is found
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`

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`Case 6:20-cv-01216-ADA Document 41-25 Filed 10/06/21 Page 9 of 23
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`through inherency, the Office's burden of establishing prima facie anticipation includes the
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`burden of providing " ... some evidence or scientific reasoning to establish the reasonableness of
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`the examiner's belief that the functional limitation is an inherent characteristic of the prior art."
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`Ex parte Skinner, 2 U.S.P.Q.2d (BNA) 1788, 1789 (Bd. Pat. App. & Int. 1987).
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`Applicants respectfully submit that Paper No. 13 fails to prima facie establish
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`anticipation by Parad. This is most apparent with respect to the Office's reliance on the
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`supposedly inherent teachings of Parad. As was established above, each of the independent
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`claims recites a "software scheduling agent," which the Office concedes Parad does not teach but
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`alleges that Parad inherently discloses. The entire treatment of this issue in Paper No. 10 is:
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`Parad does not positively disclose of [sic] having software(cid:173)
`scheduling agent, but the claimed element is [an] inherent property
`of Parad invention.
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`Noticeably lacking is any semblance of any evidence or scientific reasoning as to why the
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`disclosure of Parad inherently discloses this limitation. Since such is required by law to make
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`the prima facie case, the prima facie case is deficient. Ex parte Skinner, 2 U.S.P.Q.2d (BNA)
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`1788, 1789 (Bd. Pat. App. & Int. 1987).
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`C.
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`THE OFFICE'S RESPONSE TO APPLICANTS' POSITION
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`In response to the arguments supporting Applicants' position, the Office offered the
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`unsupported statement that:
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`... Applicant's definition of the term "software scheduling agent"
`is very broad and can be interpreted as any body involving in
`scheduling can be considered as an software scheduling agent,
`because method, medium, system, apparatus and manufacturing are
`claimed and NOT software programming and therefore Parad
`(figure 1, elements 105 - 108) meets all the claimed invention."
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`

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`Case 6:20-cv-01216-ADA Document 41-25 Filed 10/06/21 Page 10 of 23
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`Paper No. 13, Detailed Action, p. 3, if 2. As earlier noted, the Office has the duty to make
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`the primafacie case with particularity, Ex parte Levy, 17 U.S.P.Q.2d (BNA) 1461, 1462 (Pat. &
`
`Tm. Off. Bd. Pat. App. & Int. 1990) (identify each element of the claimed invention in the prior
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`art); Ex parte Skinner, 2 U.S.P.Q.2d (BNA) 1788, 1788-89 (Bd. Pat. App. & Int. 1987) (provide
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`reasoning supporting inherency allegation), which this statement fatally lacks.
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`There is no support in Applicants' specification for the proposition that a scheduling
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`agent represent more than one manufacturing domain entity at any given time or that a
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`scheduling agent be implemented in anything other than software. Thus, there is no support for a
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`definition of the term "software scheduling agent" in which an entity represents, for instance, a
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`whole subsystem comprising large numbers of manufacturing domain entities. Nor is there any
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`support for the prospect that a scheduling agent be implemented in, for instance, hardware. Note
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`that the claims in issue actually recite a software scheduling agent, as is conceded by placing the
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`term "software scheduling agent" in quotations. The passage quoted above is therefore
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`erroneous on its face. However much the Office might wish to the contrary, the statement that
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`any software entity that schedules constitutes a software scheduling agent is clearly wrong.
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`Furthermore, although not clear from the quoted passage, it appears to Applicants that the
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`Office may be taking the position that the software aspect of the scheduling agent is immaterial
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`because "software programming" is not claimed. The Office apparently makes this argument to
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`obviate Applicant's inherency argument with respect to Parad. Each of the claims expressly
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`recites a "software scheduling agent", and each of those limitations must be disclosed in the prior
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`art as required by In re Bond, 15 U.S.P.Q.2d (BNA) 1566, 1567 (Fed. Cir. 1990) (anticipating
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`reference must disclose every limitation of the rejected claim in the same relationship to one
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`another as set forth in the claim).
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`

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`Case 6:20-cv-01216-ADA Document 41-25 Filed 10/06/21 Page 11 of 23
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`Applicants also note that, for the first time, the Office attempted in Paper No. 13 to
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`identify something it associates with "software scheduling agents" in Parad. Paper No. 13,
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`Detailed Action, p. 3, iJ 2. The Office identifies elements 105 - 108 in Figure 1. Applicants note
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`that Figure 1 is a flowchart of a method (Parad, col. 5, 1. 66-67), and elements 105 - 108, which
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`are functionalities of some aspect of Parad's system (col. 9, 1. 19-33). However, as Applicants
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`earlier noted:
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`Parad expressly states at col. 7, lines 53-54 that "[t]he present
`invention may be implemented in any combination of software,
`firmware, or hardware .... " Thus, even if the Office can identify some
`functionality, or collection of functionalities, corresponding to that of
`Applicants' claimed "software scheduling agent," such functionality
`need not necessarily be implemented in software. Parad's own
`disclosure establishes that such functionality could be implemented in,
`for example, hardware, as opposed to software.
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`Response to Office Action Dated January 16, 2004, p. 4. Thus, the disclosure of the
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`elements 105 - 108 to which the Office finally points fails to inherently disclose a "software
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`scheduling agent." In re Oelrich, 212 U.S.P.Q. (BNA) 323, 326 (C.C.P.A. 1981); Ex parte Levy,
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`17 U.S.P.Q.2d (BNA) 1461, 1463-1464 (Pat. & Tm. Off. Bd. Pat. App. & Int. 1990); Ex parte
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`Skinner, 2 U.S.P.Q.2d (BNA) 1788, 1789 (Bd. Pat. App. & Int. 1987).
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`IX.
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`CLAIMS IN ISSUE
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`The claims in issue are set forth in the APPENDIX hereto.
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`X.
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`CONCLUSION
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`Applicants therefore respectfully submit that all claims 1-53 are in condition for
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`allowance. Each of the independent claims recites a "software scheduling agent", which the
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`Office has admitted Parad does not expressly teach. The Office alleges that Parad teaches this
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`Case 6:20-cv-01216-ADA Document 41-25 Filed 10/06/21 Page 12 of 23
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`limitation inherently, but Parad fails on its face to meet the legal tests for inherent disclosure.
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`Even if it did not, the Office has failed to adequately support its position that it does.
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`Accordingly, Applicants request that the rejections be overturned.
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`Please date stamp and return the enclosed postcard to evidence receipt of this document.
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`Respectfully submitted,
`
`~4!~
`
`Reg. No. 34,904
`Attorney for Applicants
`
`Date: November 22, 2004
`
`WILLIAMS, MORGAN & AMERSON
`CUSTOMER NUMBER: 23720
`
`10333 Richmond Dr., Suite 1100
`Houston, Texas 77042
`(713) 934-4053 ph
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`

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`Case 6:20-cv-01216-ADA Document 41-25 Filed 10/06/21 Page 13 of 23
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`APPENDIX
`(Claims in Issue)
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`1.
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`(Original) A method for scheduling in an automated manufacturing environment,
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`comprising:
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`detecting an occurrence of a predetermined event in a process flow;
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`notifying a software scheduling agent of the occurrence; and
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`reactively scheduling an action from the software scheduling agent responsive to the
`
`detection of the predetermined event.
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`2.
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`(Original) The method of claim 1, wherein detecting the occurrence of the
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`predetermined event includes detecting an unplanned event or an unexpected event.
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`3.
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`(Original) The method of claim 1, wherein detecting the occurrence of the
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`predetermined event includes detecting an occurrence of one of an appointment state change, a
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`factory state change, and an alarm event.
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`4.
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`(Original) The method of claim 3, wherein detecting the appointment state change
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`includes detecting at least one of an appointment cancellation, an appointment expansion, an
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`appointment shrinking, an appointment abort, an appointment changing status, an appointment
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`shift, an appointment override, an transport time update, a load time update, an unload time
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`update, a lot joining a batch, a lot leaving a batch, canceling a lot from a batch, and a
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`commitment window update.
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`5.
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`(Original) The method of claim 3, wherein detecting the factory state change
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`includes detecting at least one of detection of a downtime occurrence; a machine becoming
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`available; a PM/Qual being detected; a chamber going down; a chamber becoming available, a
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`change in machine capabilities; a change in machine types; an addition of a process; an addition
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`of a process operation; a lot arriving at a machine; a lot process changed, a lot placed on hold, a
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`lot released from hold, a lot priority changed, a lot due date changed, a lot wafer count changed,
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`a lot process operation changed, and a lot departing a machine.
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`2
`
`3
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`4
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`s
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`6
`
`2
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`2
`
`3
`
`2
`
`4
`
`s
`
`6
`
`2
`
`3
`
`4
`
`s
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`6
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`1
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`Case 6:20-cv-01216-ADA Document 41-25 Filed 10/06/21 Page 14 of 23
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`6.
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`(Original) The method of claim 3, wherein detecting the alarm event includes
`
`2
`
`detecting at least one of an alarm firing for an appointment start time and an alarm firing for an
`
`appointment end time.
`
`7.
`
`(Original) The method of claim 1, wherein detecting the predetermined event
`
`includes detecting at least one of an appointment cancellation, an appointment expansion, an
`
`appointment shrinking, an appointment abort, an appointment becoming active, an appointment
`
`nearing completion, an appointment completing, an appointment shift, an appointment override,
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`and a commitment window update, detection of a downtime occurrence; a machine becoming
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`available; a PM/Qual being detected; a chamber going down; a chamber becoming available, a
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`change in machine capabilities; a change in machine types; an addition of a process; an addition
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`of a process operation; a lot arriving at a machine; a lot process changed, a lot placed on hold, a
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`lot released from hold, a lot priority changed, a lot due date changed, a lot wafer count changed,
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`a lot process operation changed, a lot departing a machine, an alarm firing for an appointment
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`start time and an alarm firing for an appointment end time.
`
`8.
`
`(Original) The method of claim 1, wherein notifying the software scheduling
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`agent of the occurrence includes:
`
`sending an indication of the occurrence to a publisher;
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`publishing the occurrence from the publisher to a subscribing listener; and
`
`calling the software scheduling agent from the subscribing listener.
`
`9.
`
`(Original) The method of claim 1, wherein reactively scheduling the action
`
`includes at least one of aborting a scheduled appointment in progress; canceling a scheduled
`
`appointment before it begins; scheduling a new appointment; starting a scheduled appointment;
`
`expanding the duration of a scheduled appointment; shrinking the duration of a scheduled
`
`appointment; shifting a scheduled appointment; adding new processing capabilities; deleting old
`
`processing capabilities; setting an alarm; canceling an alarm; and changing the status of an
`
`appointment.
`
`10.
`
`(Original) The method of claim 1, further comprising proactively scheduling an
`
`appointment with which the predetermined event is associated.
`
`2
`
`3
`
`4
`
`s
`
`6
`
`1
`
`s
`
`9
`
`10
`
`11
`
`2
`
`3
`
`4
`
`s
`
`2
`
`3
`
`4
`
`s
`
`6
`
`1
`
`2
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`

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`Case 6:20-cv-01216-ADA Document 41-25 Filed 10/06/21 Page 15 of 23
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`11.
`
`(Original) The method of claim 10, wherein proactively scheduling the
`
`appointment includes proactively scheduling the appointment from the software scheduling
`
`agent.
`
`12.
`
`(Original) A computer-readable, program storage medium encoded with
`
`instructions that, when executed by a computer, perform a method for scheduling in an
`
`automated manufacturing environment, the method comprising:
`
`detecting an occurrence of a predetermined event in a process flow;
`
`notifying a software scheduling agent of the occurrence; and
`
`reactively scheduling an action from the software scheduling agent responsive to the
`
`detection of the predetermined event.
`
`13.
`
`(Original) The program storage medium of claim 12, wherein detecting the
`
`occurrence of the predetermined event in the encoded method includes detecting an unplanned
`
`event or an unexpected event.
`
`14.
`
`(Original) The program storage medium of claim 12, wherein detecting the
`
`occurrence of the predetermined event in the encoded method includes detecting an occurrence
`
`of one of an appointment state change, a factory state change, and an alarm event.
`
`15.
`
`(Original) The program storage medium of claim 12, wherein detecting the
`
`predetermined event in the encoded method includes detecting at least one of an appointment
`
`cancellation, an appointment expansion, an appointment shrinking, an appointment abort, an
`
`appointment changing status, an appointment shift, an appointment override, an transport time
`
`update, a load time update, an unload time update, a lot joining a batch, a lot leaving a batch,
`
`canceling a lot from a batch, a commitment window update, detection of a downtime occurrence;
`
`a machine becoming available; a PM/Qual being detected; a chamber going down; a chamber
`
`becoming available, a change in machine capabilities; a change in machine types; an addition of
`
`a process; an addition of a process operation; a lot arriving at a machine; a lot process changed, a
`
`lot placed on hold, a lot released from hold, a lot priority changed, a lot due date changed, a lot
`
`wafer count changed, a lot process operation changed, a lot departing a machine, an alarm firing
`
`for an appointment start time and an alarm firing for an appointment end time.
`
`2
`
`3
`
`2
`
`3
`
`4
`
`s
`
`6
`
`1
`
`2
`
`3
`
`2
`
`3
`
`2
`
`3
`
`4
`
`s
`
`6
`
`1
`
`s
`
`9
`
`10
`
`11
`
`12
`
`

`

`Case 6:20-cv-01216-ADA Document 41-25 Filed 10/06/21 Page 16 of 23
`
`16.
`
`(Original) The program storage medium of claim 12, wherein notifying the
`
`software scheduling agent of the occurrence in the encoded method includes:
`
`sending an indication of the occurrence to a publisher;
`
`publishing the occurrence from the publisher to a subscribing listener; and
`
`calling the software scheduling agent from the subscribing listener.
`
`17.
`
`(Original) The program storage medium of claim 12, wherein reactively
`
`scheduling the action in the encoded method includes at least one of aborting a scheduled
`
`appointment in progress; canceling a scheduled appointment before it begins; scheduling a new
`
`appointment; starting a scheduled appointment; expanding the duration of a scheduled
`
`appointment; shrinking the duration of a scheduled appointment; shifting a scheduled
`
`appointment; adding new processing capabilities; deleting old processing capabilities; setting an
`
`alarm; canceling an alarm; and changing the status of an appointment.
`
`18.
`
`(Original) The program storage medium of claim 12, wherein the encoded method
`
`further comprises proactively scheduling an appointment with which the predetermined event is
`
`associated.
`
`19.
`
`(Original) A computing system programmed to perform a method for scheduling
`
`in an automated manufacturing environment, the method comprising:
`
`detecting an occurrence of a predetermined event in a process flow;
`
`notifying a software scheduling agent of the occurrence; and
`
`reactively scheduling an action from the software scheduling agent responsive to the
`
`detection of the predetermined event.
`
`20.
`
`(Original) The computing system of claim 19, wherein detecting the occurrence of
`
`the predetermined event in the programmed method includes detecting an unplanned event or an
`
`unexpected event.
`
`21.
`
`(Original) The computing system of claim 19, wherein detecting the occurrence of
`
`the predetermined event in the programmed method includes detecting an occurrence of one of
`
`an appointment state change, a factory state change, and an alarm event.
`
`2
`
`3
`
`4
`
`s
`
`2
`
`3
`
`4
`
`s
`
`6
`
`1
`
`2
`
`3
`
`2
`
`3
`
`4
`
`s
`
`6
`
`2
`
`3
`
`2
`
`3
`
`

`

`Case 6:20-cv-01216-ADA Document 41-25 Filed 10/06/21 Page 17 of 23
`
`22.
`
`(Original) The computing system of claim 19, wherein detecting
`
`the
`
`predetermined event in the programmed method includes detecting at least one of an
`
`appointment cancellation, an appointment expansion, an appointment shrinking, an appointment
`
`abort, an appointment changing status, an appointment shift, an appointment override, an
`
`transport time update, a load time update, an unload time update, a lot joining a batch, a lot
`
`leaving a batch, canceling a lot from a batch, a commitment window update, detection of a
`
`downtime occurrence; a machine becoming available; a PM/Qual being detected; a chamber
`
`going down; a chamber becoming available, a change in machine capabilities; a change in
`
`machine types; an addition of a process; an addition of a process operation; a lot arriving at a
`
`machine; a lot process changed, a lot placed on hold, a lot released from hold, a lot priority
`
`changed, a lot due date changed, a lot wafer count changed, a lot process operation changed, a lot
`
`departing a machine, an alarm firing for an appointment start time and an alarm firing for an
`
`appointment end time.
`
`23.
`
`(Original) The computing system of claim 19, wherein notifying the software
`
`scheduling agent of the occurrence in the programmed method includes:
`
`sending an indication of the occurrence to a publisher;
`
`publishing the occurrence from the publisher to a subscribing listener; and
`
`calling the software scheduling agent from the subscribing listener.
`
`24.
`
`(Original) The computing system of claim 19, wherein reactively scheduling the
`
`action in the programmed method includes at least one of aborting a scheduled appointment in
`
`progress; canceling a scheduled appointment before it begins; scheduling a new appointment;
`
`starting a scheduled appointment; expanding the duration of a scheduled appointment; shrinking
`
`the duration of a scheduled appointment; shifting a scheduled appointment; adding new
`
`processing capabilities; deleting old processing capabilities; setting an alarm; canceling an alarm;
`
`and changing the status of an appointment.
`
`25.
`
`(Original) The computing system of claim 19, wherein the encoded method
`
`further comprises proactively scheduling an appointment with which the predetermined event is
`
`associated.
`
`2
`
`3
`
`4
`
`s
`
`6
`
`1
`
`s
`
`9
`
`10
`
`11
`
`12
`
`13
`
`2
`
`3
`
`4
`
`s
`
`2
`
`3
`
`4
`
`s
`
`6
`
`7
`
`2
`
`3
`
`

`

`Case 6:20-cv-01216-ADA Document 41-25 Filed 10/06/21 Page 18 of 23
`
`26.
`
`(Original) An apparatus for scheduling
`
`in an automated manufacturing
`
`environment, the apparatus comprising:
`
`means for detecting an occurrence of a predetermined event in a process flow;
`
`means for notifying a software scheduling agent of the occurrence; and
`
`means for reactively scheduling an action from the software scheduling agent responsive
`
`to the detection of the predetermined event.
`
`27.
`
`(Original) The method of claim 26, wherein the means for detecting the
`
`occurrence of the predetermined event includes means for detecting an unplanned event or an
`
`unexpected event.
`
`28.
`
`(Original) The method of claim 26, wherein the means for detecting the
`
`occurrence of the predetermined event includes means for detecting an occurrence of one of an
`
`appointment state change, a factory state change, and an alarm event.
`
`29.
`
`(Original) The method of claim 26, wherein the means for detecting the
`
`predetermined event includes means for detecting at least one of an appointment cancellation, an
`
`appointment expansion, an appointment shrinking, an appointment abort, an appointment
`
`changing status, an appointment shift, an appointment override, an transport time update, a load
`
`time update, an unload time update, a lot joining a batch, a lot leaving a batch, canceling a lot
`
`from a batch, a commitment window update, detection of a downtime occurrence; a machine
`
`becoming available; a PM/Qual being detected; a chamber going down; a chamber becoming
`
`available, a change in machine capabilities; a change in machine types; an addition of a process;
`
`an addition of a process operation; a lot arriving at a machine; a lot process changed, a lot placed
`
`on hold, a lot released from hold, a lot priority changed, a lot due date changed, a lot wafer count
`
`changed, a lot process operation changed, a lot departing a machine, an alarm firing for an
`
`appointment star