Prosecution Insights
Last updated: April 19, 2026
Application No. 18/237,527

MEASURING DEVICE AND MACHINING DEVICE

Non-Final OA §103
Filed
Aug 24, 2023
Examiner
PERSAUD, DEORAM
Art Unit
2882
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Tokyo Seimitsu Co., Ltd.
OA Round
3 (Non-Final)
76%
Grant Probability
Favorable
3-4
OA Rounds
2y 9m
To Grant
88%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allow Rate
572 granted / 748 resolved
+8.5% vs TC avg
Moderate +12% lift
Without
With
+12.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
36 currently pending
Career history
784
Total Applications
across all art units

Statute-Specific Performance

§101
2.7%
-37.3% vs TC avg
§103
46.3%
+6.3% vs TC avg
§102
34.5%
-5.5% vs TC avg
§112
5.9%
-34.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 748 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 . Claim Rejections - 35 USC § 103 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 1-15 are rejected under 35 U.S.C. 103 as being unpatentable over Yamashita et al. [US 2015/0336209 A1] in view of Natori [US 2021/0041229 A1]. Regarding claim 1, Yamashita et al. discloses a measuring device (Fig. 1), comprising: a table (20, 30) having a mounting surface on which a workpiece (W) is to be mounted, the mounting surface being parallel to a plane including an X-axis and a Y-axis, with respect to the X-axis, the Y-axis, and a Z-axis which are orthogonal to each other (as shown in Fig. 1); a first imaging unit (Fig. 2, first of 55) configured to image a surface of the workpiece (W) on the table (as shown in Fig. 2, see also paragraph [0044]); a second imaging unit (second of 55) configured to image the surface of the workpiece (W) on the table (20, 30), the second imaging unit allowing measurement of a shape and/or roughness of the surface of the workpiece according to a plurality of images taken by scanning the surface of the workpiece in a Z-axis direction (paragraphs [0049]-[0050], see also Fig. 2); a driving part configured to move the first imaging unit (55) and the second imaging unit (55) relative to the table (20, 30) along directions of the X-axis, the Y-axis and the Z-axis (paragraphs [0049]-[0050], see also Fig. 2); an imaging control unit configured to control the first imaging unit, the second imaging unit, and the driving part so as to control imaging of the workpiece by the first imaging unit and the second imaging unit (paragraphs [0044], [0049], [0060]-[0061]); and an image processing unit configured to reflect a detection result of a position using the image of the surface of the workpiece taken by the first imaging unit upon a measurement result of the shape of the surface of the workpiece (paragraphs [0044], [0049], [0060]-[0061], see also Fig. 2). Yamashita et al. does not teach an image processing unit configured to reflect a detection result of a position using the image of the surface of the workpiece taken by the first imaging unit upon a measurement result of the shape and/or the roughness of the surface of the workpiece using the plurality of images taken by scanning the surface of the workpiece in the Z-axis direction by the second imaging unit, so as to extract an original shape of the surface of the workpiece. However, Natori discloses a three-dimensional shape measuring apparatus wherein a plurality of capture images are combined to provide an original shape of the surface of the workpiece (paragraphs [0101]-[0106], see also Fig. 7). Therefore, it would have been obvious to one of ordinary skill in the art to provide an original shape of the surface of the workpiece, as taught by Natori in the system of Yamashita et al. because such a modification allows for processing images captured by the optical systems can be performed in parallel so that the processing speed can be improved and optical coupling can be simplified (paragraph [0142] of Natori). Regarding claims 2-4, Yamashita et al. discloses wherein the image processing unit includes a first image processing unit configured to process a plurality of images, taken by scanning the surface of the workpiece in the Z-axis direction by the first imaging unit, so as to detect a position and/or an edge of the surface of the workpiece in the Z-axis direction, a second image processing unit configured to process the plurality of images, taken by scanning the surface of the workpiece in the Z-axis direction by the second imaging unit, so as to measure the position and/or the roughness of the surface of the workpiece, and an integration processing unit configured to integrate processing results of the first image processing unit and the second image processing unit to calculate a final shape and/or roughness, wherein the integration processing unit specifies the position and/or the edge of the surface of the workpiece in the Z-axis direction, based on at least a detection result of the position and/or the edge of the surface of the workpiece in the Z-axis direction by the first image processing unit, wherein the imaging control unit sets a scanning range in the Z-axis direction by the second imaging unit, based on information on the position of the surface of the workpiece in the Z-axis direction which is detected by the first image processing unit (paragraphs [0044], [0049], [0060]-[0061], see also Fig. 2). Regarding claim 5, Yamashita et al. discloses wherein the first imaging unit images the surface of the workpiece with a wider visual field than the second imaging unit, and the image processing unit detects a measurement position based on the image taken by the first imaging unit (paragraphs [0049] and [0060]-[0061]). Regarding claims 6 and 10-12, Yamashita et al. in view of Natori discloses wherein the first imaging unit has a function to switch an imaging magnification, wherein the second imaging unit images the surface of the workpiece using an optical interference system or a confocal system, wherein the driving part independently moves the second imaging unit and the first imaging unit with respect to the table at least in the direction of the Z-axis, wherein the driving part independently moves the second imaging unit and the first imaging unit with respect to the table at least in the directions of the Z-axis and the Y-axis (paragraphs [0076] and [0142], see also Figs. 1-3 and 12 of Natori). Regarding claims 7-9, Yamashita et al. discloses wherein the first image processing unit processes a plurality of images different in focal position, taken by scanning the surface of the workpiece in the Z-axis direction by the first imaging unit, so as to measure the shape and/or the roughness of the surface of the workpiece, wherein the integration processing unit specifies the position and/or the edge of the surface of the workpiece in the Z-axis direction, based on at least a processing result by the first image processing unit, wherein when the surface of the workpiece includes an area constituted of a smooth surface, the integration processing unit calculates a shape and/or roughness of the area constituted of the smooth surface, based on a processing result by the second image processing unit, and calculates a shape and/or roughness of areas other than the area constituted of the smooth surface, based on the processing result by the first image processing unit (paragraphs [0044], [0049], [0060]-[0061], see also Fig. 2). Regarding claim 13, Yamashita et al. discloses wherein the driving part further rotates the table (paragraph [0044]). Regarding claim 14 and 15, Yamashita et al. discloses a machining device, comprising: the measuring device; a machining part configured to machine the workpiece on the table; and a machining control unit configured to control machining by the machining part, wherein the machining control unit performs alignment of the workpiece based on the image taken by the first imaging unit (as shown in Figs. 1 and 2). Response to Arguments Applicant’s arguments with respect to claims 1-15 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 THIS ACTION IS MADE FINAL. 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. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEORAM PERSAUD whose telephone number is (571)270-5476. The examiner can normally be reached M-F 8AM-5PM. 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, Minh-Toan Ton can be reached at 571-272-2303. 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. /DEORAM PERSAUD/Primary Examiner, Art Unit 2882
Read full office action

Prosecution Timeline

Aug 24, 2023
Application Filed
Jun 23, 2025
Non-Final Rejection — §103
Sep 25, 2025
Response Filed
Jan 03, 2026
Final Rejection — §103
Apr 07, 2026
Request for Continued Examination
Apr 15, 2026
Non-Final Rejection — §103
Apr 15, 2026
Response after Non-Final Action

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12596307
IMAGING OPTICAL UNIT
2y 5m to grant Granted Apr 07, 2026
Patent 12585199
OVERLAY CORRECTION METHOD, AND EXPOSURE METHOD AND SEMICONDUCTOR DEVICE MANUFACTURING METHOD INCLUDING OVERLAY CORRECTION METHOD
2y 5m to grant Granted Mar 24, 2026
Patent 12585204
MEASUREMENT DEVICE, LITHOGRAPHY SYSTEM AND EXPOSURE APPARATUS, AND CONTROL METHOD, OVERLAY MEASUREMENT METHOD AND DEVICE MANUFACTURING METHOD
2y 5m to grant Granted Mar 24, 2026
Patent 12585193
OPTICAL SYSTEM FOR A LITHOGRAPHIC PROJECTION EXPOSURE APPARATUS
2y 5m to grant Granted Mar 24, 2026
Patent 12572083
INTENSITY ORDER DIFFERENCE BASED METROLOGY SYSTEM, LITHOGRAPHIC APPARATUS, AND METHODS THEREOF
2y 5m to grant Granted Mar 10, 2026
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
76%
Grant Probability
88%
With Interview (+12.0%)
2y 9m
Median Time to Grant
High
PTA Risk
Based on 748 resolved cases by this examiner. Grant probability derived from career allow rate.

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