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 November 20, 2025.
Response to Arguments
Applicant’s arguments, see Pg. 5-6, filed November 20, 2025, with respect to Claims 1-10 have been fully considered and are persuasive. The objection of the claims has been withdrawn. Applicant has corrected the minor informality found in claim 1.
Applicant's arguments filed November 20, 2025 have been fully considered but they are not persuasive.
Regarding the 112(b) rejection of claim 1, Applicant argues that the new limitation “the moving mechanism is capable of changing an X-ray irradiation angle by moving at least the X-ray source or capable of rotating the sample 180 with respect to a rotation axis according to an inspection width direction or a rotation axis according to the transport direction” overcomes the rejection. The claim states that the moving mechanism is capable of moving the source, sensor, and the sample. However, as currently written, the claim defines the moving mechanism is configured to move the sample relative to the source and sensor. Applicant did not clarify how the moving mechanism is able to move the source, the sensor and the sample when it is configured to move the sample.
Regarding claim 1, Applicant argues Fukada fails to disclose “the moving mechanism is capable of changing an X-ray irradiation angle by moving at least the X-ray source or capable of rotating the sample 180 with respect to a rotation axis according to an inspection width direction or a rotation axis according to the transport direction” because Fukada discloses rotating the object to align the sample with the irradiation angle. Applicant further argues Fukada fails to disclose changing the irradiation angle by rotating the sample. However, as currently written, the irradiation angle is changed by rotating the source and not by rotating the sample. Fukada discloses moving the sample or rotating the sample 180 degrees in [0021] and [0033].
Applicant further argues that Takeshita fails to disclose calculating a heigh position of a foreign object in a thickness direction because Takeshita teaches calculating the thickness. Applicant states that the thickness is not the same as the height position in a thickness direction. However, the claim fails to define what is considered the height position. Takeshita teaches calculating the thickness in [0008].
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-4, and 9-10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding the claim 1, the limitations “the moving mechanism is capable of changing an X-ray irradiation angle by moving at least the X-ray source or capable of rotating the sample 180 with respect to a rotation axis according to an inspection width direction or a rotation axis according to the transport direction” and “the moving mechanism is capable of changing an X-ray irradiation angle for the sample when the moving mechanism moves the sample in the first transport direction and an X- ray irradiation angle for the sample when the moving mechanism moves the sample in the second transport direction by moving the X-ray source, the X-ray sensor, and the sample relative to one another or rotating the sample” renders the claim indefinite because the claim fails to define the moving mechanism being configured to move the sensor, source and the sample. As currently written, the moving mechanism is configured to move the sample relative to the source and the sensor. The claim fails to particularly out how the moving mechanism is able to move the sensor, the source and the sample when it is configured to only move the sample. The Examiner has interpreted the limitations as “ the moving mechanism is capable of rotating the sample 180 with respect to a rotation axis according to an inspection width direction or a rotation axis according to the transport direction” and “the moving mechanism is capable of changing an X-ray irradiation angle for the sample when the moving mechanism moves the sample in the first transport direction and an X- ray irradiation angle for the sample when the moving mechanism moves the sample in the second transport direction by moving the sample or rotating the sample”. Claims 2-4, and 9-10 are rejected by virtue of their dependency.
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 1-4, 7-8 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Fukuda (JP 2021050992; notations directed to Translated Fukuda) in view of Takeshita (U.S. 2021/0262949).
Regarding claim 1, as best understood:
Fukuda discloses an X-ray transmission inspection apparatus comprising:
an X-ray source configured to irradiate a sample with X-rays (Translated Fukuda; [0013], radiation generator);
an X-ray sensor (Translated Fukuda; [0014], radiation detector) installed on a side opposite to the X-ray source with respect to the sample (Fig. 3, detector 3 is opposite of source 2) and configured to detect transmitted X-rays when the X-rays pass through the sample (Translated Fukuda; [0014], radiation detector detects X-rays);
a moving mechanism configured to move the sample relative to the X-ray source and the X-ray sensor (Translated Fukuda; [0017] and [0021], moving mechanism); and
a calculation part (Translated Fukuda; [0024], control device),
wherein the X-ray source performs irradiation with the X-rays in a direction tiled with respect to the thickness direction of the sample and a transport direction of the sample (Fig. 1 and Fig. 3, source and detector are tilted),
the moving mechanism is capable of rotating the sample 180° with respect to a rotation axis according to an inspection width direction or a rotation axis according to the transport direction ([0033], 180 degree rotation)
the moving mechanism is capable of moving the sample in a first transport direction orthogonal to the thickness direction (translated Fukuda; [0016], movement mechanism moves samples along the x, y and z axis) and in a second transport direction opposite to the first transport direction (translated Fukuda; [0016], movement mechanism moves samples along the x, y and z axis), and is capable of changing an X-ray irradiation angle for the sample when the moving mechanism moves the sample in the first transport direction (Translated Fukuda; [0017] and [0021], moving mechanism moving the sample changes the irradiation angle) and an X-ray irradiation angle for the sample when the moving mechanism moves the sample in the second transport direction by moving the sample relative to one another (Translated Fukuda; [0017] and [0021], moving mechanism moving the sample changes the irradiation angle) or by rotating the sample.
However, Fukuda fails to disclose a calculation part configured to calculate a height position of a foreign object in a thickness direction in the sample based on the transmitted X-rays detected by the X-ray sensor.
Takeshita teaches a calculation part configured to calculate a height position of a foreign object in a thickness direction in the sample based on the transmitted X-rays detected by the X-ray sensor ([0008], thickness of foreign matter is obtained; Claim 6).
It would have been obvious to one of an ordinary skill in the art before the effective filing date to combine the apparatus of Fukuda with the height calculation taught by Takeshita in order to improve foreign object accuracy by reducing brightness in each pixel (Takeshita; [0008]). KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
Regarding claim 2, as best understood:
The combination of Fukuda and Takeshita discloses the X-ray transmission inspection apparatus according to claim 1, wherein the calculation part calculates the height position of the foreign object by using an amount of misalignment between an X-ray transmission image detected when the sample is moved in the first transport direction and an X-ray transmission image detected when the sample is moved in the second transport direction (Takeshita; [0008], thickness of foreign matter is obtained; Claim 6).
It would have been obvious to one of an ordinary skill in the art before the effective filing date to combine the apparatus of Fukuda with the height calculation taught by Takeshita in order to improve foreign object accuracy by reducing brightness in each pixel (Takeshita; [0008]). KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
Regarding claim 3, as understood:
The combination of Fukuda and Takeshita discloses the X-ray transmission inspection apparatus according to claim 1, wherein the X-ray sensor is a TDI sensor (Takeshita; [0023], TDI sensor).
It would have been obvious to one of an ordinary skill in the art before the effective filing date to combine the apparatus of Fukuda with the TDI sensor by Takeshita in order to improve foreign object accuracy by reducing brightness in each pixel (Takeshita; [0008]). KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
Regarding claim 4, as best understood:
The combination of Fukuda and Takeshita discloses the X-ray transmission inspection apparatus according to claim 2, wherein the X-ray sensor is a TDI sensor (Takeshita; [0023], TDI sensor).
It would have been obvious to one of an ordinary skill in the art before the effective filing date to combine the apparatus of Fukuda with the TDI sensor by Takeshita in order to improve foreign object accuracy by reducing brightness in each pixel (Takeshita; [0008]). KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
Regarding claim 10, as best understood:
The combination of Fukuda and Takeshita discloses an X-ray transmission inspection method using the X-ray transmission inspection apparatus according to claim 1, the method comprising:
a first movement step moving the sample in the first transport direction (Translated Fukuda; [0016], movement mechanism moves samples along the x, y and z axis);
a first passing point detection step detecting a position, as a first passing point, in the first transport direction at which the foreign object in the sample is detected based on the transmitted X-rays detected by the X-ray sensor during the first movement step (Translated Fukuda; [0013], radiation from source);
a second movement step moving the sample in the second transport direction (Translated Fukuda; [0016], movement mechanism moves samples along the x, y and z axis);
a second passing point detection step detecting a position, as a second passing point, in the second transport direction at which the foreign object in the sample is detected based on the transmitted X-rays detected by the X-ray sensor during the second movement step (Translated Fukuda; [0016], movement mechanism moves samples along the x, y and z axis and radiation from source); and
a calculation step calculating the height position of the foreign object in the sample based on the first passing point, the second passing point, the X-ray irradiation angle when the sample is moved in the first transport direction, and the X-ray irradiation angle when the sample is moved in the second transport direction (Takeshita; [0008], thickness of foreign matter is obtained; Claim 6).
It would have been obvious to one of an ordinary skill in the art before the effective filing date to combine the apparatus of Fukuda with the height calculation taught by Takeshita in order to improve foreign object accuracy by reducing brightness in each pixel (Takeshita; [0008]). KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
Allowable Subject Matter
Claim 9 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
The closest prior arts are Fukuda (JP 2021050992; notations directed to Translated Fukuda) and Takeshita (U.S. 2021/0262949).
Regarding claim 9, as best understood:
The combination of Fukuda and Takeshita discloses the X-ray transmission inspection apparatus according to claim 1.
However, the combination of Fukuda and Takeshita fails to disclose a reference piece installed on a surface of the moving mechanism or the sample, wherein the calculation part calculates the height position of the foreign object by comparing the height position of the foreign object with a height position of the reference piece.
Since the prior art of record fails to teach the details above, nor is there any reason to modify or combine prior art elements absent of applicant’s disclosure, the claim is deemed patentable over the prior art of record, if rewritten in independent form to include all of the limitations of the base claim and any intervening claim.
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.
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/S.K./Examiner, Art Unit 2884
/DAVID J MAKIYA/Supervisory Patent Examiner, Art Unit 2884