Prosecution Insights
Last updated: May 29, 2026
Application No. 18/514,512

OPTICAL INSPECTION APPARATUS, OPTICAL INSPECTION METHOD, AND NON-TRANSITORY STORAGE MEDIUM STORING OPTICAL INSPECTION PROGRAM

Non-Final OA §103§112
Filed
Nov 20, 2023
Priority
Mar 22, 2023 — JP 2023-045778
Examiner
TON, TRI T
Art Unit
2877
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Kabushiki Kaisha Toshiba
OA Round
3 (Non-Final)
86%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
97%
With Interview

Examiner Intelligence

Grants 86% — above average
86%
Career Allowance Rate
1019 granted / 1180 resolved
+18.4% vs TC avg
Moderate +11% lift
Without
With
+11.0%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 1m
Avg Prosecution
28 currently pending
Career history
1222
Total Applications
across all art units

Statute-Specific Performance

§101
3.7%
-36.3% vs TC avg
§103
70.3%
+30.3% vs TC avg
§102
7.1%
-32.9% vs TC avg
§112
13.3%
-26.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1180 resolved cases

Office Action

§103 §112
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 . DETAILED ACTION Response to Arguments 1. With respect to applicant’s remarks filed on 04/13/26 regarding rejected claims on pages 11, the examiner respectfully disagrees. Applicants argues “Zhao merely discloses the use of multiple pixels and not a "single-pixel light receiving element." Instead, Zhao disclose that multiple similar images are input to the imaging sensor 158, as shown in FIG. 6”. Current claim 1 discloses: “a single-pixel light receiving element which is configured to simultaneously detect lights of two or more wavelengths from illumination”. The claim requires a single-pixel light receiving element to detect lights of two or more wavelengths. Claim 1 does not require that the sensor cannot use multiple single pixels to detect multiple lights. In the other words, claim 1 does not require that the optical inspection apparatus must contain only one single pixel light receiving element. Zhao discloses “obtaining multiple first images of the measurement area using the portions of the first input beam reflected from the sample and received at the imaging sensor, each of the multiple first images comprising a plurality of pixels, wherein first corresponding pixels include a single pixel from each of the multiple first images … obtaining multiple second images of the measurement area using the portions of the second input beam reflected from the sample and received at the imaging sensor, each of the multiple second images comprising a plurality of pixels, wherein second corresponding pixels include a single pixel from each of the multiple second images …”, ([0005]). Zhao already disclosed that for obtaining multiple first/second images, the imaging sensor includes a single pixel to detect the portions of the first/second input beams. In the other words, Zhao has disclosed a single pixel to detect the input beams. 2. With respect to applicant’s remarks on pages 11, Applicants argues: “the optical inspection apparatuses according to independent claims 1, 14, and 16 use illumination in which multiple wavelengths and multiple spatial patterns are superimposed at the same time, enabling simultaneous acquisition from a single signal … As a result, the claimed apparatuses may aggregate all or part of the information of multiple patterned illuminations corresponding to respective wavelengths into a single detection signal, thereby achieving a level of information aggregation that is fundamentally unattainable in time-multiplexed measurement schemes”. This limitation must be added into the claims in order to be considered. 3. New amended limitation “patterned light including a plurality of spatially varying patterns projected concurrently or in a temporally overlapping manner across two or more wavelengths, the patterns being mutually independent or orthogonal” contains new wordings spatially varying patterns, and patterns being mutually independent or orthogonal. These new wordings are not defined in the specification, and are rejected under 112(a). Please the following rejection. 4. Zhao discloses a broadband light, ([0035, 0036]). It is inherent that broadband light has overlapping manner across two or more wavelengths. Further, it is inherent that any light must has its own light pattern. Note: wording “concurrently” has the meaning “taking place at the same time or in the same location”, and wording “temporally” has the meaning “of or relating to time”. Therefore, the combination of wordings concurrently or in a temporally could be interpreted as “of or relating to time”. Grounds for the rejection of claims are provided below as necessitated by amendment. Information Disclosure Statement 5. The information disclosure statement (IDS) submitted on 01/30/26 was filed after the mailing date of the 01/13/26 on Final Office Action. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Claim Rejections - 35 USC § 112 6. The following is a quotation of the first paragraph of 35 U.S.C. 112(a): (a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention. 7. Claims 2-11 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention. New amended claim 1 discloses “patterned light including a plurality of spatially varying patterns projected concurrently or in a temporally overlapping manner across two or more wavelengths, the patterns being mutually independent or orthogonal”. However, no-where in the specification disclosed the wordings spatially varying patterns, and patterns being mutually independent or orthogonal. In the words, it is not clear what are the meanings of these wordings. For the purpose of examination, the claims are interpreted in view of the objections/rejections indicated above as follow: “patterned light including a plurality of [spatially varying] patterns projected concurrently or in a temporally overlapping manner across two or more wavelengths, [the patterns being mutually independent or orthogonal]. Appropriate correction is required. Claim Rejections - 35 USC § 103 8. 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 of this title, 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. 9. Claim(s) 1-11, 14-16, is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhao et al. (U.S. Pat. No. 2021/0302330) in view of Ohno (Pub. No. 2022/0146435). Hereafter “Zhao”, “Ohno ‘435”. Regarding Claim(s) 1, 14, 16, Zhao teaches an optical inspection apparatus comprising: a single-pixel light receiving element ([0058], lines 8-10; [0070], lines 5-8; [0073] lines 5-9; Figure 5A, single pixel 506), which is configured to simultaneously acquire lights of two or more wavelengths from illumination, ([056], lines 3-13. Images obtained using multiple wavelengths is not different from simultaneously acquire lights of two or more wavelengths. Please see the explanation in paragraph 1 above), comprising patterned light including a plurality of [spatially varying] patterns projected concurrently or in a temporally overlapping manner across two or more wavelengths, [the patterns being mutually independent or orthogonal], (figure 5B. [0035, 0036]. Broadband light has overlapping manner across two or more wavelengths. It is inherent that any light must has its own light pattern. Please see the explanation in paragraph 4 above), an image formation optical element disposed at a position where the single-pixel light receiving element configured to receive image points corresponding to at least two different object points of an object (figure 1, lens 126 is not different from an image formation optical element; [0005, 0070, 0073], the limitation “first corresponding pixels include a single pixel from each of the multiple first images and second corresponding pixels include a single pixel from each of the multiple second images” is not different from the single-pixel light receiving element receiving image of at least two different object points. Further, two different areas of the surface of the object 130 are not different from two different object points of an object. Please see the explanation in paragraph 1 above); and However, Zhao does not teach Ha first light beam selection portion that is provided between the image formation optical element and the light receiving element and that is configured to selectively shield at least one wavelength included in lights from the object points. Ohno ‘435 teaches a first light beam selection portion that is provided between the image formation optical element and the light receiving element and that is configured to selectively shield at least one wavelength included in lights from the object points ([0031, 0032]; figures 1, 3, element 24 is not different from light beam selection portion, element 22 is not different from the image formation optical element, image sensor 26 is not different from the light receiving element). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to modify Zhao by having light beam selection portion in order to select specific passing light (Ohno ‘435, [0031, 0032]). Note: Ohno ‘435 also teaches the limitation: to simultaneously acquire lights of two or more wavelengths, (figures 5; [0031], lines 18-21, discloses “a light beam that passes through the first wavelength selection region 24a has not only the first wavelength, but also an appropriate range of spectrum that includes a wavelength of 450 nm”; [0032], lines 6-9, discloses “light beam that passes through the second wavelength selection region 24b is not only the second wavelength, but also an appropriate range of spectrum that includes 650 nm”. It is inherent that an appropriate range of spectrum that includes 450nm or 650nm, must include plurality wavelengths). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to modify Zhao by having simultaneously acquiring lights of two or more wavelengths in order to select appropriate range of spectrum for inspection ([0031, 0032]). Regarding Claim(s) 10, 15, Zhao in view of Ohno ‘435 teach all the limitations of claims 1 and 14, as stated above except for an illuminator that is configured to emit different pattern lights toward the object as time passes, to acquire an image of the object based on a correlation between the pattern lights upon emission of the pattern lights from the illuminator and light reception signals in the single-pixel light receiving element upon emission of the pattern lights from the illuminator, one or more processor. Zhao teaches an illuminator that is configured to emit different pattern lights toward the object as time passes (figure 2, it is inherent that different light source 202 has different pattern lights toward the object), to acquire an image of the object based on a correlation between the pattern lights upon emission of the pattern lights from the illuminator and light reception signals in the single-pixel light receiving element upon emission of the pattern lights from the illuminator ([0070-0073]), one or more processor ([0024]; figure 10, element 18). Note: Ohno ‘435 also teaches to emitting different pattern lights toward the object as time passes (Abstract, [0016, 0030, 0033, 0039, 0047, 0067]). Regarding Claim(s) 2, 11, Zhao in view of Ohno ‘435 teach all the limitations of claims 1 and 10, as stated above except for the first light beam selection portion includes at least one shielding region that is configured to shield light. Ohno ‘435 teaches the first light beam selection portion includes at least one shielding region that is configured to shield light (figures 1, 3, element 24b). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to modify Zhao by having light beam selection portion in order to shield specific light ([0031, 0032]). Regarding Claim(s) 3, 11, Zhao in view of Ohno ‘435 teach all the limitations of claims 1 and 10, as stated above except for the first light beam selection portion includes at least one wavelength selection region that allows light of at least one wavelength spectrum to pass therethrough from a plurality of different wavelength spectra of light incident on the first light beam selection portion and that is configured to shield light of at least one remaining wavelength spectrum. Ohno ‘435 teaches the first light beam selection portion includes at least one wavelength selection region that allows light of at least one wavelength spectrum to pass therethrough from a plurality of different wavelength spectra of light incident on the first light beam selection portion and that is configured to shield light of at least one remaining wavelength spectrum ([0031]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to modify Zhao by having light beam selection portion in order to allow specific passing light (Ohno ‘435, [0031]). Regarding Claim(s) 4, 11, Zhao in view of Ohno ‘435 teach all the limitations of claims 1, 3, 10, as stated above except for the first light beam selection portion includes: a first wavelength selection region that allows light of a first wavelength spectrum included in the different wavelength spectra to pass therethrough and that is configured to shield light of at least one wavelength spectrum different from the light of the first wavelength spectrum; and a second wavelength selection region that allows light of a second wavelength spectrum different from the light of the first wavelength spectrum, which is included in the different wavelength spectra, to pass therethrough, and that is configured to shield light of at least one wavelength spectrum different from the light of the second wavelength spectrum. Ohno ‘435 teaches the first light beam selection portion includes: a first wavelength selection region that allows light of a first wavelength spectrum included in the different wavelength spectra to pass therethrough and that is configured to shield light of at least one wavelength spectrum different from the light of the first wavelength spectrum; and a second wavelength selection region that allows light of a second wavelength spectrum different from the light of the first wavelength spectrum, which is included in the different wavelength spectra, to pass therethrough, and that is configured to shield light of at least one wavelength spectrum different from the light of the second wavelength spectrum ([0031, 0032]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to modify Zhao by having light beam selection portion in order to allow specific passing light, and shield specific light (Ohno ‘435, [0031, 0032]). Regarding Claim(s) 5, Zhao in view of Ohno ‘435 teach all the limitations of claim 1 as stated above except for the first light beam selection portion includes at least one polarized light selection region formed by a polarizing plate. Ohno ‘435 teaches the first light beam selection portion includes at least one polarized light selection region formed by a polarizing plate ([0088]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to modify Zhao by including at least one polarized light selection region in order to receive polarized-light by polarized-light image sensor (Ohno ‘435, [0088-0089]). Regarding Claim(s) 6, Zhao in view of Ohno ‘435 teach all the limitations of claim 1 as stated above except for the first light beam selection portion is disposed at or near a focal plane of the image formation optical element. Ohno ‘435 teaches the first light beam selection portion is disposed at or near a focal plane of the image formation optical element (figure 1, element 24, light beams 2a, 2b, 1a, 1b). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to modify Zhao by having light beam selection portion is disposed at or near a focal plane of the image formation optical element in order to allow specific passing light effectively (Ohno ‘435, figure 1, element 24, light beams 2a, 2b, 1a, 1b). Regarding Claim(s) 7, Zhao in view of Ohno ‘435 teach all the limitations of claim 1 as stated above except for the single-pixel light receiving element is configured to acquire lights of one or more different wavelength spectra as light reception signals. Zhao teaches the single-pixel light receiving element is configured to acquire lights of one or more different wavelength spectra as light reception signals ([0064-0065]). Regarding Claim(s) 8, 9, Zhao in view of Ohno ‘435 teach all the limitations of claim 1 as stated above except for a light reception signal acquired by the light receiving element; and calculate information on a directional distribution of lights from the object points based on the light reception signal. Zhao teaches a light reception signal acquired by the light receiving element; and calculate information on a directional distribution of lights from the object points based on the light reception signal ([0070-0073]). Although Zhao does not teach one or more processor, Ohno ‘435 teaches one or more processor ([0024]; figure 10, element 18). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to modify Zhao by having one or more processor in order to executing programs stored in the memory with the processor (Ohno ‘435, [0024]). 10. Claim(s) 12, 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhao et al. (U.S. Pat. No. 2021/0302330) in view of Ohno (Pub. No. 2022/0146435), further in view of Ohno et al. (U.S. Pat. No. 10,901,134). Hereafter “Zhao”, “Ohno ‘435”, “Ohno ‘134”. Regarding Claim(s) 12, 13, Zhao in view of Ohno ‘435 teach all the limitations of claims 1, and 10, as stated above except for the illuminator includes: an illumination optical element; and a second light beam selection portion provided at a focal plane of the illumination optical element, and the illuminator is configured to form the second light beam selection portion as a projection image of light. Zhao further teaches the illuminator includes: an illumination optical element (figure 1, lens 112); and a second light beam selection portion provided at a focal plane of the illumination optical element (figure 1, illumination pupil is provided at a focal plane of the illumination optical element 112), and the illuminator is configured to form the second light beam selection portion as a projection image of light (figure 1, second light beam selection portion as a projection image of light 142 on image sensor 158). Although Zhao and Ohno ‘435 do not teach electrical modulation or the illuminator is an electrically operated projector, Ohno ‘134 teaches (column 3, lines 24-27). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to modify Zhao and Ohno ‘435 by having electrical modulation or the illuminator is an electrically operated projector in order to turn on and turn off light sources efficiently (column 3, lines 24-27). Fax/Telephone Information Any inquiry concerning this communication or earlier communications from the examiner should be directed to TRI T TON whose telephone number is (571)272-9064. The examiner can normally be reached on 8am-4pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michelle Iacoletti can be reached on (571)270-5789. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. May 2, 2026 /Tri T Ton/ Primary Examiner Art Unit 2877
Read full office action

Prosecution Timeline

Nov 20, 2023
Application Filed
Aug 12, 2025
Non-Final Rejection mailed — §103, §112
Dec 12, 2025
Response Filed
Jan 13, 2026
Final Rejection mailed — §103, §112
Apr 13, 2026
Request for Continued Examination
Apr 21, 2026
Response after Non-Final Action
May 06, 2026
Non-Final Rejection mailed — §103, §112 (current)

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Prosecution Projections

3-4
Expected OA Rounds
86%
Grant Probability
97%
With Interview (+11.0%)
2y 1m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 1180 resolved cases by this examiner. Grant probability derived from career allowance rate.

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