Prosecution Insights
Last updated: April 19, 2026
Application No. 18/221,043

INSPECTION SYSTEM AND METHOD FOR ANALYZING DEFECTS

Non-Final OA §103
Filed
Jul 12, 2023
Examiner
TABA, MONICA TERESA
Art Unit
2878
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Witrins S R O
OA Round
3 (Non-Final)
90%
Grant Probability
Favorable
3-4
OA Rounds
2y 2m
To Grant
95%
With Interview

Examiner Intelligence

Grants 90% — above average
90%
Career Allow Rate
171 granted / 191 resolved
+21.5% vs TC avg
Moderate +5% lift
Without
With
+5.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 2m
Avg Prosecution
30 currently pending
Career history
221
Total Applications
across all art units

Statute-Specific Performance

§101
0.8%
-39.2% vs TC avg
§103
54.8%
+14.8% vs TC avg
§102
27.1%
-12.9% vs TC avg
§112
13.0%
-27.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 191 resolved cases

Office Action

§103
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 1/15/2026 has been entered. Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claims 1-2, 11-14, and 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Publication No. 2024/0393258 ("Wieser ‘258") in view of U.S. Patent Publication No. 2018/0329065 ("Pacala"). Regarding claim 1, Wieser ‘258 discloses an inspection system (10) for analyzing defects in a product, the inspection system comprising a projection device (32, Fig. 1), an optical detection device (28, Fig. 1), and a processing device (not shown, see paragraph [0044]), the projection device (32, Fig. 1) having an illuminating unit (33, Fig. 1, paragraph [0033]) and a spectrometer member (36, Fig. 1 acts as a spectrometer) configured to split white light into its spectral components (paragraph [0042]) and project a multichromatic light beam (37, Fig. 1) thus formed from monochromatic light beams (Abstract, paragraphs [0008], [0010]) onto a product (not shown, paragraph [0042]) at an angle of incidence β (β, Fig. 1), the optical detection device (28, Fig. 1) having a detection unit (29, Fig. 1, paragraph [0042]) comprising a camera (27, Fig. 1) and an objective (30, Fig. 1), the camera (27, Fig. 1) being configured to detect the multichromatic light beam (37, Fig. 1, paragraph [0044]) reflected on the product in a detection plane (46, Fig. 1, paragraph [0043]) of the detection unit (29, Fig. 1), the detection plane (46, Fig. 1) being perpendicular to a product surface (38, Fig. 1) of the product, wherein the illuminating unit has at least two light-emitting diodes disposed in a row (paragraph [0033]: “The illumination device may be composed of a number of light-emitting diodes (LEDs) disposed in rows or a matrix.”) and an exit aperture (34, Fig. 1) extending along the row (Fig. 1), wherein the exit aperture (34, Fig. 1) is a common exit aperture extending continuously along the row (see Fig. 1). Wieser ‘258 does not disclose that the illuminating unit further comprises, for each light-emitting diode, an aperture member having an aperture at least partially formed by a stack of plane plates, and a lens assembly associated with the respective light-emitting diode, the lens assembly comprising two lenses. However, Pacala discloses an illuminating unit (1100, Fig. 11, and see Figs. 12-15C) that further comprises, for each light-emitting diode (1104, Fig. 11, paragraph [0128]), an aperture member (for example, 1109, Fig. 11), and a lens assembly (1120, 1121, Fig. 11) associated with the respective light-emitting diode (1104, Fig. 11), the lens assembly comprising two lenses (1120, 1121, Fig. 11 are two lenses). It would have been obvious to one of ordinary skill in the art before the effective filing date to have the illuminating unit include an aperture member and a lens assembly comprising two lenses for each light-emitting diode as disclosed by Pacala in Fig. 11 in the device of Wieser ‘258 in order to improve the brightness of beams to provide enhanced spot illumination, while at the same time improving the spatial resolution of the measured image. Wieser ‘258 in view of Pacala Figs. 11-15C does not explicitly disclose that the apertures are at least partially formed by a stack of plane plates. However, in Fig. 18D, Pacala discloses an example of an aperture layer (1840, Fig. 18D) that is at least partially formed by a stack of plane plates (1845, 1846, Fig. 18). It would have been obvious to one of ordinary skill in the art before the effective filing date to form the aperture using a stack of plane plates as disclosed by Pacala in the device of Wieser ‘258 in view of Pacala in order to follow the contour of light rays to reduce stray light. Regarding claim 2, Wieser ‘258 in view of Pacala discloses the inspection system according to claim 1, and Wieser ‘258 further discloses that the illuminating unit (33, Fig. 1) is configured to establish a homogenous intensity distribution of reflected multichromatic light (paragraph [0033]) along the detection plane (paragraphs [0033], [0043]). Regarding claim 11, Wieser ‘258 in view of Pacala discloses the inspection system according to claim 1, and Pacala further discloses that the at least two lenses (1120, 1121, Fig. 11 are two lenses) are configured to converge or focus the white light (see converged light exiting 1121, Fig. 11, paragraph [0134]) of the light-emitting diode (1104, Fig. 11). It would have been an obvious matter of design choice to one of ordinary skill in the art before the effective filing to include a two lenses as disclosed by Pacala in the device of Wieser ‘258 in order to converge/diverge emitting light as desired. Regarding claim 12, Wieser ‘258 in view of Pacala discloses the inspection system according to claim 1, and Pacala further discloses that a focal point of the lens assembly (1120, 1121, Fig. 11) is formed in the exit aperture (1109, Fig. 11). It would have been an obvious matter of design choice to one of ordinary skill in the art before the effective filing to form the focal point at the exit aperture as disclosed by Pacala in the device of Wieser ‘258 in order to converge emitting light as desired. Regarding claim 13, Wieser ‘258 in view of Pacala discloses the inspection system according to claim 1, and Wieser ‘258 further discloses that the exit aperture (34, Fig. 1) is formed by an uninterrupted air gap (see Fig. 1, a diaphragm is formed by an uninterrupted air gap). Regarding claim 14, Wieser ‘258 in view of Pacala discloses the inspection system according to claim 1, and Wieser ‘258 further discloses that the spectrometer member (36, Fig. 1) is disposed adjacent to and immediately downstream of the illuminating unit (33, Fig. 1) in the direction of the beam path (see Fig. 1, paragraph [0042]) of the projection device (32, Fig. 1). Regarding claim 16, Wieser ‘258 in view of Pacala discloses the inspection system according to claim 1, and Wieser ‘258 further discloses that the projection device (32, Fig. 1) is configured to emit light of the wavelength ranges red, green, blue (RGB), infrared (IR), or ultraviolet (UV) (see paragraphs [0018], [0033] and claim 9), and the camera (27, Fig. 1) is configured to detect said light (claim 9). Regarding claim 17, Wieser ‘258 discloses a method for analyzing defects in a product, the method using an inspection system (26, Fig. 1), the inspection system comprising a projection device (32, Fig. 1), an optical detection device (28, Fig. 1), and a processing device (not shown, see paragraph [0044]), an illuminating unit (33, Fig. 1, paragraph [0033]) and a spectrometer member (36, Fig. 1) of the projection device being used to split white light into its spectral components and project a multichromatic light beam (37, Fig. 1) thus formed from monochromatic light beams (Abstract, paragraphs [0008], [0010]) onto a product (not shown, paragraph [0042]) at an angle of incidence β (β, Fig. 1), the optical detection device (28, Fig. 1) having a detection unit (29, Fig. 1) comprising a camera (27, Fig. 1) and an objective (30, Fig. 1), the multichromatic light beam (37, Fig. 1) being reflected on the product in a detection plane (46, Fig. 1) of the detection unit (29, Fig. 1), the detection plane being perpendicular, preferably orthogonal (see Fig. 1, and Abstract, paragraph [0035]), to a product surface (38, Fig. 1) of the product, the light beam (37, Fig. 1) being detected by the camera (37, Fig. 1, paragraph [0044]), wherein at least two light-emitting diodes disposed in a row (paragraph [0033]: “The illumination device may be composed of a number of light-emitting diodes (LEDs) disposed in rows or a matrix.”) and an exit aperture (34, Fig. 1) of the illuminating unit extending along the row (see Fig. 1) are used to establish a homogenous intensity distribution of reflected multichromatic light along the detection plane (paragraphs [0033], [0043]); and emitting the light via a common exit aperture (34, Fig. 1) formed by an uninterrupted air gap (see Fig. 1) extending continuously along the row (see Fig. 1). wherein using the illuminating unit (26) comprises, for each light-emitting diode (27), directing the white light through an aperture member (29) having an aperture (30) formed by a stack (38) of plane plates (33, 34, 35, 36, 37), and through a lens assembly (39) comprising two lenses (40, 41), Wieser ‘258 does not disclose that using the illuminating unit comprises, for each light-emitting diode, directing the white light through an aperture member having an aperture formed by a stack of plane plates, and through a lens assembly comprising two lenses. However, Pacala discloses an illuminating unit (1100, Fig. 11, and see Figs. 12-15C) that comprises, for each light-emitting diode (1104, Fig. 11, paragraph [0128]), directing the light through an aperture member (for example, 1109, Fig. 11), and through a lens assembly (1120, 1121, Fig. 11) comprising two lenses (1120, 1121, Fig. 11 are two lenses). It would have been obvious to one of ordinary skill in the art before the effective filing date to have the illuminating unit include an aperture member and a lens assembly comprising two lenses for each light-emitting diode as disclosed by Pacala in Fig. 11 in the device of Wieser ‘258 in order to improve the brightness of beams to provide enhanced spot illumination, while at the same time improving the spatial resolution of the measured image. Wieser ‘258 in view of Pacala Figs. 11-15C does not explicitly disclose that the apertures are formed by a stack of plane plates. However, in Fig. 18D, Pacala discloses an example of an aperture layer (1840, Fig. 18D) that is formed by a stack of plane plates (1845, 1846, Fig. 18). It would have been obvious to one of ordinary skill in the art before the effective filing date to form the aperture using a stack of plane plates as disclosed by Pacala in the device of Wieser ‘258 in view of Pacala in order to follow the contour of light rays to reduce stray light. Claims 5-7 are rejected under 35 U.S.C. 103 as being unpatentable over Wieser ‘258 in view of Pacala further in view of U.S. Patent Publication No. 2022/0155574 ("Fisch"). Regarding claim 5, Wieser ‘258 in view of Pacala discloses the inspection system according to claim 1, and Pacala further discloses that the aperture member (for example, 1840, Figs. 18C-18D or 1940, Figs. 19C-19D) has a three-dimensional aperture which has a widening cross section (see any of Fig. 18C-18D, 19C-19D). Wieser ‘258 in view of Pacala does not explicitly disclose that the aperture members are widening from the light-emitting diode in the direction of a beam path of the projection device. However, Fisch discloses aperture member (24, Fig. 1) has a three-dimensional aperture (24 is a three-dimensional aperture) which has a cross section widening (paragraph [0033]) from the light-emitting diode (22, Fig. 1 is comprised of emitters 54, Fig. 3, see paragraph [0058]) in the direction of a beam path of the projection device (20, Fig. 1). It would have been obvious to one of ordinary skill in the art before the effective filing date to have a widening three-dimensional aperture as disclosed by Pacala and Fisch in the device of Wieser ‘258 in order to increase the spatial uniformity of the radiation. Regarding claim 6, Wieser ‘258 in view of Pacala further in view of Fisch discloses the inspection system according to claim 5, and Pacala further discloses that the respective apertures of the aperture members (for example, 1109, Fig. 11) are adjacent to one another (see any of Figs. 11-14). It would have been obvious to one of ordinary skill in the art before the effective filing date to include adjacent apertures as disclosed by Pacala in the device of Wieser ‘258 in view of Pacala further in view of Fisch in order to achieve high degree of uniformity of the irradiance. Regarding claim 7, Wieser ‘258 in view of Pacala further in view of Fisch discloses the inspection system according to claim 5, and Pacala further discloses that the aperture has the shape of a pyramid (see any of Figs. 18C-18D, 19C-19D, aperture has pyramid shape). It would have been an obvious matter of design choice to one of ordinary skill in the art before the effective filing date to shape the aperture as desired, including a pyramid as disclosed by Pacala in the device of Wieser ‘258 in view of Pacala further in view of Fisch in order to reduce the angle of emission of light at the exit aperture. Response to Arguments Applicant’s arguments with respect to claims 1 and 17 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MONICA T. TABA whose telephone number is (571)272-1583. The examiner can normally be reached Monday - Friday 9 am - 6 pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Georgia Epps can be reached at 571-272-2328. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /MONICA T TABA/Examiner, Art Unit 2878
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Prosecution Timeline

Jul 12, 2023
Application Filed
Jun 04, 2025
Non-Final Rejection — §103
Sep 07, 2025
Response Filed
Oct 10, 2025
Final Rejection — §103
Dec 09, 2025
Interview Requested
Dec 17, 2025
Applicant Interview (Telephonic)
Dec 19, 2025
Examiner Interview Summary
Jan 15, 2026
Request for Continued Examination
Feb 13, 2026
Response after Non-Final Action
Feb 24, 2026
Non-Final Rejection — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
90%
Grant Probability
95%
With Interview (+5.3%)
2y 2m
Median Time to Grant
High
PTA Risk
Based on 191 resolved cases by this examiner. Grant probability derived from career allow rate.

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