Prosecution Insights
Last updated: May 29, 2026
Application No. 18/409,492

X-RAY TRANSMISSION INSPECTION APPARATUS AND X-RAY TRANSMISSION INSPECTION METHOD

Final Rejection §102
Filed
Jan 10, 2024
Priority
Jan 31, 2023 — JP 2023-013467
Examiner
KEFAYATI, SOORENA
Art Unit
2884
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Hitachi High-Tech Science Corporation
OA Round
2 (Final)
83%
Grant Probability
Favorable
3-4
OA Rounds
3m
Est. Remaining
91%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allowance Rate
338 granted / 407 resolved
+15.0% vs TC avg
Moderate +8% lift
Without
With
+7.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
13 currently pending
Career history
432
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
69.4%
+29.4% vs TC avg
§102
2.8%
-37.2% vs TC avg
§112
26.2%
-13.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 407 resolved cases

Office Action

§102
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 . Response to Amendment The current Office action is in response to Applicant’s amendment filed on December 9, 2025. Response to Arguments Applicant's arguments filed December 9, 2025 have been fully considered but they are not persuasive. Regarding claims 1 and 7, Applicant argues that Takeshita fails to disclose “calculating a relationship between the numbers of effective pixels and the planar area of the foreign object obtained in advance” because Takeshita discloses suppressing noise effects based on luminance reduction within a pixel group. Applicant argues this is not the same as calculating the planar area. However, Takeshita discloses calculating the size of the foreign matter (planar area) in [0040]. Applicant’s arguments, see Pg. 5, filed December 9, 2025, with respect to Claim 8 have been fully considered and are persuasive. The objection of the claim has been withdrawn. Applicant has corrected the claim numbering that had two claim 8s. Applicant’s arguments, see Pg. 5, filed December 9, 2025, with respect to Claim 10 have been fully considered and are persuasive. The 112(b) rejection of the claim has been withdrawn. Applicant has corrected the claim numbering that had two claim 8s. Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 1-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Takeshita (U.S. 2021/0262949). Regarding claim 1: Takeshita discloses an X-ray transmission inspection apparatus comprising: an X-ray source (Fig. 1, 10) configured to irradiate a sample with X-rays; an X-ray sensor (Fig. 1, 20) installed on a side opposite to the X-ray source with respect to the sample (Fig. 1, 20 is opposite of 10) and configured to detect transmitted X-rays when the X-rays pass through the sample (Fig. 1, 20, detector); and a calculation part (Fig. 1, 40) configured to calculate a planar area of a foreign object in the sample based on the transmitted X-rays detected by the X-ray sensor ([0032], foreign matter size is calculated), wherein the calculation part obtains luminance distribution divided into a plurality of pixels according to luminance of the transmitted X-rays in a plane perpendicular to an irradiation direction of the X-rays ([0032]-[0036], pixel brightness is determined for each pixel), calculates, as numbers of effective pixels, numbers of the pixels having luminance reduction amounts greater than or equal to a luminance reduction threshold that is in a predetermined ratio to a maximum luminance reduction amount ([0032]-[0036], pixel brightness reduction amount is determined based on the threshold), which is the largest luminance reduction amount in the luminance distribution, and calculates the planar area of the foreign object based a relationship between the numbers of effective pixels and the planar area of the foreign object obtained in advance ([0036] and [0040] foreign matter size is determined based on brightness reduction amount). Regarding claim 2: Takeshita discloses the X-ray transmission inspection apparatus according to claim 1, wherein the calculation part calculates the planar area based on a plurality of the numbers of effective pixels calculated with a plurality of the luminance reduction thresholds that are different from one another ([0032], foreign matter size is determined using brightness reduction amount thresholds that are different from each other). Regarding claim 3: Takeshita discloses the X-ray transmission inspection apparatus according to claim 1, wherein, the calculation part calculates thickness of the foreign object based on a relationship between the maximum luminance reduction amount and thickness of the foreign object obtained in advance ([0041]-[0043], calculating the thickness of the foreign matter). Regarding claim 4: Takeshita discloses the X-ray transmission inspection apparatus according to claim 2, wherein, the calculation part calculates thickness of the foreign object based on a relationship between the maximum luminance reduction amount and thickness of the foreign object obtained in advance ([0041]-[0043], calculating the thickness of the foreign matter). Regarding claim 5: Takeshita discloses the X-ray transmission inspection apparatus according to claim 3, wherein the calculation part calculates a volume of the foreign object from the obtained planar area and thickness of the foreign object ([0049], volume of the foreign matter is determined). Regarding claim 6: Takeshita discloses the X-ray transmission inspection apparatus according to claim 4, wherein the calculation part calculates a volume of the foreign object from the obtained planar area and thickness of the foreign object ([0049], volume of the foreign matter is determined). Regarding claim 7: Takeshita discloses an X-ray transmission inspection method comprising: irradiating a sample with X-rays from an X-ray source (Fig. 1, 10 irradiating sample); detecting transmitted X-rays when the X-rays pass through the sample by using an X-ray sensor installed on a side opposite to the X-ray source with respect to the sample (Fig. 1, detector 20 detects radiation that is passed through sample 30); and calculating a planar area of a foreign object in the sample based on the transmitted X-rays detected by the X-ray sensor ([0032], foreign matter size is calculated), wherein the step of calculating a planar area of a foreign object in the sample based on the transmitted X-rays detected by the X-ray sensor comprises: obtaining luminance distribution divided into a plurality of pixels according to luminance of the transmitted X-rays in a plane perpendicular to an irradiation direction of the X-rays ([0032]-[0036], pixel brightness is determined for each pixel); calculating, as numbers of effective pixels, numbers of the pixels having luminance reduction amounts greater than or equal to a luminance reduction threshold that is in a predetermined ratio to a maximum luminance reduction amount, which is the largest luminance reduction amount in the luminance distribution ([0032]-[0036], pixel brightness reduction amount is determined based on the threshold); and calculating the planar area of the foreign object based on the numbers of effective pixels ([0036], foreign matter size is determined based on brightness reduction amount). Regarding claim 8: Takeshita discloses the X-ray transmission inspection method according to claim 7, wherein the step of calculating the numbers of the pixels having luminance reduction amounts greater than or equal to a luminance reduction threshold that is in a predetermined ratio to a maximum luminance reduction amount calculates a plurality of the numbers of effective pixels with a plurality of the luminance reduction thresholds that are different from one another ([0032], foreign matter size is determined using brightness reduction amount thresholds that are different from each other), and the step of calculating the planar area calculates the planar area based on the plurality of the numbers of effective pixels that are calculated ([0032], foreign matter size is determined using brightness reduction amount thresholds that are different from each other). Regarding claim 9: Takeshita discloses the X-ray transmission inspection method according to claim 7, wherein the step of calculating the planar area comprises calculating thickness of the foreign object based on a relationship between the maximum luminance reduction amount and thickness of the foreign object obtained in advance ([0041]-[0043], calculating the thickness of the foreign matter). Regarding claim 10: Takeshita discloses the X-ray transmission inspection method according to claim 8, wherein the step of calculating the planar area comprises calculating thickness of the foreign object based on a relationship between the maximum luminance reduction amount and thickness of the foreign object obtained in advance ([0041]-[0043], calculating the thickness of the foreign matter). Regarding claim 11: Takeshita discloses the X-ray transmission inspection method according to claim 9, wherein the step of calculating the planar area comprises calculating a volume of the foreign object from the planar area that is obtained and thickness of the foreign object ([0049], volume of the foreign matter is determined). Regarding claim 12: Takeshita discloses the X-ray transmission inspection method according to claim 10, wherein the step of calculating the planar area comprises calculating a volume of the foreign object from the planar area that is obtained and thickness of the foreign object ([0049], volume of the foreign matter is determined). 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 SOORENA KEFAYATI whose telephone number is (469)295-9078. The examiner can normally be reached M to F, 7:30 am to 4:30 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, David Makiya can be reached at 571-272-2273. 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. /S.K./Examiner, Art Unit 2884 /DAVID J MAKIYA/Supervisory Patent Examiner, Art Unit 2884
Read full office action

Prosecution Timeline

Jan 10, 2024
Application Filed
Sep 10, 2025
Non-Final Rejection mailed — §102
Dec 09, 2025
Response Filed
Mar 27, 2026
Final Rejection mailed — §102
May 27, 2026
Applicant Interview (Telephonic)
May 28, 2026
Examiner Interview Summary

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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
83%
Grant Probability
91%
With Interview (+7.8%)
2y 8m (~3m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 407 resolved cases by this examiner. Grant probability derived from career allowance rate.

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