Prosecution Insights
Last updated: October 02, 2026
Application No. 18/514,512

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

Final Rejection §103
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
4 (Final)
86%
Grant Probability
Favorable
5-6
OA Rounds
0m
Est. Remaining
97%
With Interview

Examiner Intelligence

Grants 86% — above average
86%
Career Allowance Rate
1032 granted / 1199 resolved
+18.1% vs TC avg
Moderate +10% lift
Without
With
+10.5%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 1m
Avg Prosecution
34 currently pending
Career history
1230
Total Applications
across all art units

Statute-Specific Performance

§101
4.4%
-35.6% vs TC avg
§103
52.0%
+12.0% vs TC avg
§102
21.8%
-18.2% vs TC avg
§112
15.1%
-24.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1199 resolved cases

Office Action

§103
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. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). 2. With respect to applicant’s remarks filed on 08/06/26 regarding rejected claims on pages 10-11, the examiner respectfully disagrees. Applicant argues “Zhao also discloses that "the measured reflectance intensity value 508 from the single spot 506 has considerably more noise than the average reflectance intensity value 510 from the 40,000 pixels within the measurement area 504," and that "the signal to noise ratio can be increased by using the multiple images 602 a, 602 b, . . . 602 n to determine a first average reflectance intensity value for each x, y pixel location." Zhao at [0059], [0061]. Thus, Zhao uniformly discloses the use of multiple pixels, and not a "single-pixel light receiving element…"”. First: According to Applicant’s Publication disclosed “The single-pixel light receiving element 22 is a spectroscope having one light receiving surface … However, the single-pixel light receiving element 22 in the present embodiment is not limited to this, and the single-pixel light receiving element 22 may be any element as long as the element includes one light receiving surface and can independently acquire light intensity signals for at least two different wavelengths”, (Applicant U.S. Pub. No. 2024/0319104, [0063]; figure 6, single-pixel light receiving element 22). Zhao’s imaging sensor 158 has one light receiving surface, (figure 1, element 158 has one light receiving surface). Therefore, Zhao’s imaging sensor 158 is not different from Applicant’s single-pixel light receiving element 22 having one light receiving surface. Second: Zhao disclosed “a first input beam having a first peak wavelength; receiving portions of the first input beam reflected from the sample at an imaging sensor; obtaining multiple first images … 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 … a second input beam having a second peak wavelength different from the first peak wavelength; receiving portions of the second input beam reflected from the sample at the imaging sensor; obtaining multiple second images …, 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 …”, (Zhao, [0005]). Therefore, Zhao has clearly disclosed that the single-pixel light receiving element 158 can independently acquire light intensity signals for at least two different wavelengths, a first beam having a first peak wavelength and a second beam having a second peak wavelength different from the first peak wavelength. In the other words, to the Examiner point of view, Zhao’s imaging sensor 158 is not different from Applicant’s single-pixel light receiving element 22, (figure 1, element 22). 3. With respect to the new added limitation “to detect different pattern lights of two or more wavelengths emitted onto an object as time passes, the pattern lights having an illuminance distribution”, this limitation has been found in reference of Zhao, (figure 7; [0064], illumination for a period of time that is illustrated by a curve that initially rises, then levels off, and finally drops, these curves signals are not different from the pattern lights. Moreover, it is inherent that any light pattern must have its own illuminance distribution). 4. Grounds for the rejection of claims are provided below as necessitated by amendment. Claim Rejections - 35 USC § 103 5. 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. 5. 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 ([0063]; figure 6, single-pixel light receiving element 22. Please see the explanation in paragraphs 2-3 above), which is configured to detect different pattern lights of two or more wavelengths emitted onto an object as time passes, the pattern lights having an illuminance distribution (figure 1, single-pixel light receiving element 22; Figure 7; [0064]. Please see the explanation in paragraphs 2-3 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 images of at least two different object points. Further, two different areas on the surface of object 130 are not different from two different object points of an object. Please see the explanation in paragraph 1 of the previous Office Action); 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 detect 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 detecting 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 further 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]). Further, 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 further 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]). Further, 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 further 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 further 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 further 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 further 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 further 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 further 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]). 6. 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). 7. Claim(s) 17, 18, 19, 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 Torii et al. (U.S. Pat. No. 12,047,667). Hereafter “Zhao”, “Ohno ‘435”, “Torii”. Regarding Claim(s) 17-19, Zhao in view of Ohno ‘435 teach all the limitations of claims 1, and 10, as stated above except for the at least one of acquiring the information or calculating the information includes emitting either random pattern lights which are uncorrelated to emitted pattern lights, or Hadamard pattern lights, as the pattern lights. Torii teaches the at least one of acquiring the information or calculating the information includes emitting either random pattern lights which are uncorrelated to emitted pattern lights, or Hadamard pattern lights, as the pattern lights (column 13, lines 8-18; Column 15, lines 32-33; Column 16, lines 23-28. It is inherent that any light having a random intensity distribution must have its random pattern light). 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 emitting random pattern lights in order to chang the intensity distribution for detection (column 13, lines 8-18; Column 15, lines 32-33; Column 16, lines 23-28). Conclusion 8. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 extension fee 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 date of this final action. 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. September 22, 2026 /Tri T Ton/ Primary Examiner Art Unit 2877
Read full office action

Prosecution Timeline

Show 1 earlier event
Aug 12, 2025
Non-Final Rejection mailed — §103
Dec 12, 2025
Response Filed
Jan 13, 2026
Final Rejection mailed — §103
Apr 13, 2026
Request for Continued Examination
Apr 21, 2026
Response after Non-Final Action
May 06, 2026
Non-Final Rejection mailed — §103
Aug 06, 2026
Response Filed
Sep 24, 2026
Final Rejection mailed — §103 (current)

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Prosecution Projections

5-6
Expected OA Rounds
86%
Grant Probability
97%
With Interview (+10.5%)
2y 1m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 1199 resolved cases by this examiner. Grant probability derived from career allowance rate.

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