Prosecution Insights
Last updated: May 29, 2026
Application No. 18/443,399

DATA PROCESSING APPARATUS FOR A DIGITAL IMAGING DEVICE, MICROSCOPE AND MICROSCOPY METHOD

Non-Final OA §103
Filed
Feb 16, 2024
Priority
Feb 20, 2023 — DE 102023104144.4
Examiner
BROWN JR, HOWARD D
Art Unit
2488
Tech Center
2400 — Computer Networks
Assignee
Leica Microsystems Cms GmbH
OA Round
2 (Non-Final)
88%
Grant Probability
Favorable
2-3
OA Rounds
0m
Est. Remaining
95%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allowance Rate
579 granted / 659 resolved
+29.9% vs TC avg
Moderate +7% lift
Without
With
+6.9%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 1m
Avg Prosecution
18 currently pending
Career history
673
Total Applications
across all art units

Statute-Specific Performance

§101
1.9%
-38.1% vs TC avg
§103
67.8%
+27.8% vs TC avg
§102
12.2%
-27.8% vs TC avg
§112
2.3%
-37.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 659 resolved cases

Office Action

§103
DETAILED ACTION 1. This Office Action for U.S. Patent Application No. 18/443,399 is responsive to communications filed on 11/14/2025, in reply to the Allowability Notice mailed on 07/30/2025. Currently, claims 1-4 and 7-17 are pending. Notice of Pre-AIA or AIA Status 2. 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 3. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 10/06/2025 has been entered. Claim Rejections - 35 USC § 103 4. 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. 5. Claim(s) 1-4, 9, 13, 16-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kaufmann et al., [US Pub. No.: 2022/0351936 A1] in view of Wang [US Pub. No.: 2022/0138914 A1]. Re. Claim 1, Kaufmann et al., [US Pub. No.: 2022/0351936 A1] discloses: An apparatus for data processing for a digital imaging device [Fig.8 element 814 image data processor for processing image data acquired by the image acquisition unit | 0044 ], the digital imaging device being configured to generate a digital image of a recording region by reading out [read out and image processing step 758, the plurality of image pixel data 792 stored in the parallel access memory are read out and further data processing is performed. |0167], raster- element-by-raster-element, a multidimensional complete raster, the complete raster including a plurality of raster elements [each specific scanning deflection control step can be adjusted or calibrated to different specific first collective multi-beam raster scanning systems or second collective multi-beam raster scanning systems without the need of an adaption or change of the generic scan processing step. |0016], wherein the apparatus is part of a control unit of the imaging device or is configured to be controllable by the control unit of the imaging device [imaging apparatus is connected of a control unit and configured receive instruction from control unit | 0045, 0068, 0086], and wherein the apparatus is configured to: process raw image data from at least one sub-region of the complete raster that has already been read out during the reading out [and the imaging control module is configured for scanning and imaging an inspection site of a sample such as a wafer with a plurality of image subfields, each of the plurality of image subfields having a hexagonal shape. |0075], generate processed image data in at least one processing step as a function of the raw image data [an image data acquisition step, during which J streams of fluctuating voltages, collected during an analog data collection step from an image sensor unit, are converted and selected to form J streams of digital image data values, |0036], the at least one processing step comprising filtering the raw image data of the sub- region with a filter mask and/or noise suppression [image processing comprise at least one of an image filtering, which conducted on image subfields |0167], and make the processed image data available for display for access from outside the apparatus [output 814, which is configured to extract information from the digital image file and is configured to write the digital image file to a memory or to provide information from the digital image file to a display. |0217]. Kaufmann does not distinctly disclose: update the filter mask in real time as a function of the raw image data of the sub-region that has already been read out and/or a geometry of the sub-region, However, in the same field endeavor Wang [US Pub. No.: 2022/0138914 A1] discloses: update the filter mask in real time as a function of the raw image data of the sub-region that has already been read out and/or a geometry of the sub-region [At 822, the filtered scribble mask 710E may be combined with the original filter mask 710B to form a new, updated filter mask. At 824, the new, updated filter mask 710F may then be applied to the original image 710A to generate an updated image 710G |0049, 0052], Therefore, it would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to combine Kaufmann with Wang to have an updated filter mask for generating an updated image. Re. Claim 2, Kaufmann discloses: The apparatus according to claim 1, being configured to process the raw image data before the complete raster is completely read out [only segments or parts of the plurality of J image data corresponding to the plurality of J image subfields is written to the parallel access memory at once, and read out during the parallel read out and image processing step 758, before new segment of other parts of the plurality of J image data |0165]. Re. Claim 3, Kaufmann discloses: The apparatus according to claim 1, being configured to assemble the processed image data generated from sub-regions that have already been read out into at least one continuously updated digital partial image of the digital image [The image processing can further comprise a stitching operation to form a single image file from the plurality of J image subfields generated by synchronous scanning of the plurality of J charged particle beamlets 3 over the sample by the scan and image acquisition|0167]. Re. Claim 4, Kaufmann discloses: The apparatus according to claim 1, comprising an image processor embedded in the imaging device and/or at least one integrated circuit, and wherein the at least one processing step is executed in the embedded image processor and/or in the at least one integrated circuit [The control unit 800 is configured to receive the control signal. During the parallel read out and image processing step 758, the control signal triggers a read out of actualized or completed blocks of digital image data from the image frame memory |0037, 0167, Claim 2]. Re. Claim 9, Kaufman discloses: The apparatus according to claim 1, wherein at least a subset of the raw image data of each raster element of the complete raster is representative of a time-dependent measurement signal of a photon counter [During an image scan, the control unit 800 is configured to trigger the image sensor 207 to detect in predetermined time intervals a plurality of timely resolved intensity signals from the plurality of secondary electron beamlets 9, and the digital image of an image patch is accumulated and stitched together from all scan positions of the plurality of primary charged particle beamlets 3.|0121], and wherein the apparatus is configured to calculate parameters representative of a fluorescence lifetime based on the subset of the raw image data of the sub-region that has already been read out and to replace the subset of the raw image data of the sub-region with the parameters [other multi-beam parameters are corrected in parallel to the collective scanning operation. This is especially possible with a collective multi-beam raster scanner 110 with more degrees of freedom as desired for collective raster scanning, as for example with a collective multi-beam raster scanner 110 with eight electrodes|0161]. Re. Claim 13, Kaufmann discloses: A digital light imaging microscope [Fig.8 element 814 image data processor for processing image data acquired by the image acquisition unit | 0044 ], configured to generate a digital image of a recording region by reading out [read out and image processing step 758, the plurality of image pixel data 792 stored in the parallel access memory are read out and further data processing is performed. |0167], raster-element-by-raster- element, a multidimensional complete raster, the complete raster including a plurality of raster elements [each specific scanning deflection control step can be adjusted or calibrated to different specific first collective multi-beam raster scanning systems or second collective multi-beam raster scanning systems without the need of an adaption or change of the generic scan processing step. |0016], the digital light imaging microscope comprising: an apparatus for data processing that is part of a control unit of the digital light imaging microscope or is configured to be controllable by the control unit of the digital light imaging microscope [The method of operation and the multi-beam charged particle beam microscope comprises a mechanism for a synchronized scanning operation and image acquisition by a plurality of charged particle beamlets according a selected scan program, wherein the selected scan program can be selected according an inspection task from different scan programs, stored in a memory of a control unit of the multi-beam charged particle scanning microscope |0042], wherein the apparatus is configured to: process raw image data from at least one sub-region of the complete raster that has already been read out during the reading out [each specific scanning deflection control step can be adjusted or calibrated to different specific first collective multi-beam raster scanning systems or second collective multi-beam raster scanning systems without the need of an adaption or change of the generic scan processing step. |0016], generate processed image data in at least one processing step as a function of the raw image data [an image data acquisition step, during which J streams of fluctuating voltages, collected during an analog data collection step from an image sensor unit, are converted and selected to form J streams of digital image data values, |0036], and make the processed image data available for display for access from outside the apparatus [output 814, which is configured to extract information from the digital image file and is configured to write the digital image file to a memory or to provide information from the digital image file to a display. |0217]; and a sample volume, wherein the complete raster is representative of a sub-region of the sample volume [and the imaging control module is configured for scanning and imaging an inspection site of a sample such as a wafer with a plurality of image subfields, each of the plurality of image subfields having a hexagonal shape. |0075], and wherein the digital light imaging microscope is configured to scan the complete raster and to generate an image of the sub-region of the sample volume [a multi-beam charged particle inspection system with reduced demand for post processing of the acquired image subfields wherein the entire image is |0011], built up raster-element-by- raster-element [each specific scanning deflection control step can be adjusted or calibrated to different specific first collective multi-beam raster scanning systems or second collective multi-beam raster scanning systems without the need of an adaption or change of the generic scan processing step. |0016]. Re. Claim 16, Kaufmann discloses: A microscopy method for scanning a sample volume [Fig.8 element 814 image data processor for processing image data acquired by the image acquisition unit | 0044 ] and generating an image of the sample volume built up raster-element-by-raster-element [each specific scanning deflection control step can be adjusted or calibrated to different specific first collective multi-beam raster scanning systems or second collective multi-beam raster scanning systems without the need of an adaption or change of the generic scan processing step. |0016], the microscopy method comprising, during scanning in real time: processing raw image data representing at least one sub-region of the sample volume [and the imaging control module is configured for scanning and imaging an inspection site of a sample such as a wafer with a plurality of image subfields, each of the plurality of image subfields having a hexagonal shape. |0075], assigning metadata to the at least one sub-region, the metadata being calculated as a function of raw image data linked to each raster element of the at least one sub-region [an image data acquisition step, during which J streams of fluctuating voltages, collected during an analog data collection step from an image sensor unit, are converted and selected to form J streams of digital image data values, is interpreted as being equivalent to associating metadata to form image data values |0161], generating processed image data in at least one processing step based on the raw image data, and making the processed image data available for display [output 814, which is configured to extract information from the digital image file and is configured to write the digital image file to a memory or to provide information from the digital image file to a display. |0217]. Re. Claim 17, Kaufmann discloses: An apparatus for data processing for a digital imaging device [Fig.8 element 814 image data processor for processing image data acquired by the image acquisition unit |0044], the digital imaging device being configured to generate a digital image of a recording region by reading out [read out and image processing step 758, the plurality of image pixel data 792 stored in the parallel access memory are read out and further data processing is performed. |0167],, raster-element-by-raster-element a multidimensional complete raster, the complete raster including a plurality of raster elements [each specific scanning deflection control step can be adjusted or calibrated to different specific first collective multi-beam raster scanning systems or second collective multi-beam raster scanning systems without the need of an adaption or change of the generic scan processing step. |0016], wherein the apparatus is part of a control unit of the imaging device or is configured to be controllable by the control unit of the imaging device [imaging apparatus is connected of a control unit and configured receive instruction from control unit | 0045, 0068, 0086], and wherein the apparatus is configured to: process raw image data from at least one sub-region of the complete raster that has already been read out during the reading out [and the imaging control module is configured for scanning and imaging an inspection site of a sample such as a wafer with a plurality of image subfields, each of the plurality of image subfields having a hexagonal shape. |0075], generate processed image data in at least one processing step as a function of the raw image data [an image data acquisition step, during which J streams of fluctuating voltages, collected during an analog data collection step from an image sensor unit, are converted and selected to form J streams of digital image data values, |0036], and make the processed image data available for display for access from outside the apparatus [output 814, which is configured to extract information from the digital image file and is configured to write the digital image file to a memory or to provide information from the digital image file to a display. |0217], wherein the complete raster is representative of at least one sub-region of a sample volume of a microscope to be scanned [the present disclosure provides a multi-beam charged particle scanning inspection system with a plurality of J primary charged particle beamlets which is configured for a collective scanning imaging of a plurality of J image subfields with different scan programs or scan patterns. |0011], wherein the microscope is configured to scan the complete raster [a multi-beam charged particle inspection system with reduced demand for post processing of the acquired image subfields |0011], and wherein at least a subset of the raw image data is representative of light intensity values measured during the scanning [intensity signals from the plurality of secondary electron beamlets 9, and the digital image of an image patch is accumulated and stitched together from all scan positions of the plurality of primary charged particle beamlets 3.|0121]. Allowable Subject Matter 7. Claims 7-8, 10-12 and 14-15 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to HOWARD D BROWN JR whose telephone number is (571)272-4371. The examiner can normally be reached Monday - Friday 7:30AM - 5:00PM EST. 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, Sathyanarayanan Perungavoor can be reached at 5712727455. 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. HOWARD D. BROWN JR Primary Examiner Art Unit 2488 /HOWARD D BROWN JR/Examiner, Art Unit 2488
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Prosecution Timeline

Feb 16, 2024
Application Filed
Apr 22, 2025
Non-Final Rejection mailed — §103
Jul 07, 2025
Response Filed
Oct 06, 2025
Request for Continued Examination
Nov 14, 2025
Request for Continued Examination
Apr 16, 2026
Response after Non-Final Action
Apr 22, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

2-3
Expected OA Rounds
88%
Grant Probability
95%
With Interview (+6.9%)
2y 1m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 659 resolved cases by this examiner. Grant probability derived from career allowance rate.

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