Prosecution Insights
Last updated: September 17, 2026
Application No. 18/520,279

DUAL SCAN BEAM SEPARATION WITH INDEPENDENT ANGLE OF INCIDENCE DEFECT SCANNER AND OPTICAL INSPECTOR

Non-Final OA §103
Filed
Nov 27, 2023
Priority
Feb 28, 2019 — CIP of 10/641,713 +4 more
Examiner
TON, TRI T
Art Unit
2877
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Lumina Instruments Inc.
OA Round
2 (Non-Final)
86%
Grant Probability
Favorable
2-3
OA Rounds
0m
Est. Remaining
97%
With Interview

Examiner Intelligence

Grants 86% — above average
86%
Career Allowance Rate
1030 granted / 1197 resolved
+18.0% vs TC avg
Moderate +11% lift
Without
With
+10.6%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 1m
Avg Prosecution
30 currently pending
Career history
1230
Total Applications
across all art units

Statute-Specific Performance

§101
4.4%
-35.6% vs TC avg
§103
51.9%
+11.9% vs TC avg
§102
21.9%
-18.1% vs TC avg
§112
15.1%
-24.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1197 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 Continued Examination Under 37 CFR 1.114 1. 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 allowance or after an Office action under Ex Parte Quayle, 25 USPQ 74, 453 O.G. 213 (Comm'r Pat. 1935). 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, prosecution in this application has been reopened pursuant to 37 CFR 1.114. Applicant's submission filed on 08/03/26 has been entered. Information Disclosure Statement 2. The information disclosure statement (IDS) submitted on 08/03/26 has been entered. 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 § 103 3. 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. 4. Claim(s) 11, 14, 21, 22, is/are rejected under 35 U.S.C. 103 as being unpatentable over Wu et al. (U.S. Pub. No. 2016/0116332) in view of Nagahama et al. (U.S. Pat. No. 2015/0204796), further in view of Deck et al. (U.S. Pat. No. 7,391,509). Hereafter “Wu”, “Nagahama”, “Deck”. Regarding Claim(s) 11, Wu teaches an apparatus, comprising: a first radiating source ([0198], lines 1-3; [0222]) configured to output a first beam (figures 2, 3, 7, 8, first beam 31. It is inherent that laser 204 contains first light source to irradiate first beam 31); a second radiating source ([0198], lines 1-3; [0222]) configured to output a second beam (figures 2, 3, 7, 8, second beam 32. It is inherent that laser 204 contains second light source to irradiate second beam 32); the first beam and the second beam toward a time varying beam reflector (figures 2, 3, 7, 8, the first beam 31, the second beam 32, varying beam reflector 209), wherein the time varying beam reflector is configured to simultaneously receive and dynamically scan both the first beam and the second beam along a shared optical path and reflect the first beam and the second beam toward a scan lens (the following figure 2, and figures 3, 7, 8, time varying beam reflector 209 is configured to simultaneously receive and dynamically scan both the first beam 31 and the second beam 32 along a shared optical path BB; Figure 1, lens 105; Figure 2, lens 219 is not different from scan lens); a first reflector configured to reflect the first beam (figures 2, 3, 7, 8, first reflector 207, first beam 31); a second reflector configured to reflect the second beam, wherein the second reflector is configured to not reflect the first beam (figures 2, 3, 7, 8, second reflector 208 configured to reflect the second beam 32, not reflect the first beam 31); wherein the first beam and the second beam are combined prior to the time varying beam reflector and are spatially co-aligned during scanning such that both beams traverse identical optical paths through the scan lens (the following figure 2, first beam 31 and second beam 32 are irradiated from the same laser 204, therefore, they are combined prior to the time varying beam reflector 207, 208, and are spatially co-aligned during scanning such that both beams 31, 32, traverse identical optical paths BB through the scan lens 219). However, Wu does not teach a dichroic mirror configured to spectrally separate and direct the first beam and the second beam along a common optical path. Nagahama teaches a dichroic mirror configured to spectrally separate and direct the first beam and the second beam along a common optical path ([0014], figure 4, dichroic mirror 3, the first beam from light source 1 and the second beam from light source 2 are spectrally separated. Second light source has a longer wavelength than the first light source, Common path 32). 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 Wu by having dichroic mirror and reflector configured to reflect both the first beam and the second beam in order to transmit the light from the light source 1 and reflect the light from the light source 2 ([0040]; Figure 4, elements 1, 2, 3, 7). Wu as modified by Nagahama teach the apparatus according to claim 11 as stated above except for a third reflector configured to reflect the first beam toward a sample; and a fourth reflector configured to reflect the second beam toward the sample. Deck discloses a third reflector configured to reflect the first beam toward a sample; and a fourth reflector configured to reflect the second beam toward the sample, (The Figure, 3rd reflector 142 configured to reflect the first beam 108 toward a sample 104; and the 4th reflector 118 configured to reflect the second beam 116 toward the sample 104. Note: 1st reflector 110, and 2nd reflector 120). 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 Wu and Nagahama by having third reflector and fourth reflector in order to transmit the light from the first light source and second light source to the sample effectively (The Figure, 3rd reflector 142 and 4th reflector 118, sample 104). Regarding Claim(s) 14, Wu, Nagahama and Deck teaches the apparatus according to claim 11 as stated above except for the first reflector is a broadband reflector. Wu further teaches the first reflector is a broadband reflector (figures 2, 3, 7, 8, first reflector 207). Regarding Claim(s) 21, Wu, Nagahama and Deck teaches the apparatus according to claim 11 as stated above except for the time varying beam reflector comprises a scanning mirror configured to dynamically vary beam position across the scan lens in synchronization for both the first beam and the second beam. Wu further teaches the time varying beam reflector comprises a scanning mirror configured to dynamically vary beam position across the scan lens in synchronization for both the first beam and the second beam (figure 2-3, 7-8, the varying beam reflector 209 comprising scanning mirror 207, 208. It is inherent that these mirrors dynamically vary beam position across the scan lens 219 in synchronization for both the first beam 31 and the second beam 32). Regarding Claim(s) 22, Wu, Nagahama and Deck teaches the apparatus according to claim 11 as stated above except for the dichroic mirror is configured to transmit one of the first or second beam and reflect the other based on wavelength, such that the beams are combined into a single co-linear optical path prior to scanning. Nagahama teaches the dichroic mirror is configured to transmit one of the first or second beam and reflect the other based on wavelength, such that the beams are combined into a single co-linear optical path prior to scanning (figure 4, the dichroic mirror 3 transmit one of the first light from light source 1, and reflect the second light from light source 2. These beams are combined into a single co-linear optical path prior to scanning reflector 7). 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 Wu, Nagahama and Deck by transmitting one of the first or second beam and reflecting the other based on wavelength in order to combine the light beams for the detection (figure 4, the dichroic mirror 3 transmit one of the first light from light source 1, and reflect the second light from light source 2. These beams are combined into a single co-linear optical path prior to scanning reflector 7). [AltContent: textbox (B)][AltContent: textbox (B)][AltContent: connector][AltContent: connector][AltContent: textbox (A)][AltContent: textbox (A)] PNG media_image1.png 422 436 media_image1.png Greyscale 5. Claim(s) 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wu et al. (U.S. Pub. No. 2016/0116332) in view of Nagahama et al. (U.S. Pat. No. 2015/0204796), further in view of Deck et al. (U.S. Pat. No. 7,391,509), further in view of Amanullah (U.S. Pub. No. 2012/0013899). Hereafter “Wu”, “Nagahama”, “Deck”, “Amanullah”. Regarding Claim(s) 12-13, Wu, Nagahama and Deck teaches the apparatus according to claim 11 as stated above except for the third/fourth reflector is configured to reflect the first/second beam toward a sample at an angle of incidence less than or equal to ten degrees of Brewster's angle. Amanullah teaches the third/fourth reflector is configured to reflect the first/second beam toward a sample at an angle of incidence less than or equal to ten degrees of Brewster's angle, (Figures 27a, 27b, reflectors 54a, 54b, sample 12). 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 Wu, Nagahama and Deck by reflecting the first/second beam toward a sample at an angle of incidence less than or equal to ten degrees of Brewster's angle in order to inspect reflected light efficiently (Figures 27a, 27b, reflectors 54a, 54b, sample 12). 6. Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wu et al. (U.S. Pub. No. 2016/0116332) in view of Nagahama et al. (U.S. Pat. No. 2015/0204796), further in view of Deck et al. (U.S. Pat. No. 7,391,509), further in view of Sappey (U.S. Pat. No. 9,772,289). Hereafter “Wu”, “Nagahama”, “Deck”, “Sappey”. Regarding Claim(s) 15, Wu, Nagahama and Deck teaches the apparatus according to claim 11 as stated above except for a long wavelength pass reflector. Sappey teaches a long wavelength pass reflector, (Figure 1A, reflector 116; column 12, lines 38-40). 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 Wu, Nagahama and Deck by having a long wavelength pass reflector in order to be suitable for separating a first spectral range of radiation (Figure 1A, reflector 116; column 12, lines 38-40). 7. Claim(s) 16-18, is/are rejected under 35 U.S.C. 103 as being unpatentable over Wu et al. (U.S. Pub. No. 2016/0116332) in view of Nagahama et al. (U.S. Pat. No. 2015/0204796), further in view of Deck et al. (U.S. Pat. No. 7,391,509), further in view of Biellak et al. (U.S. Pat. No. 8,169,613). Hereafter “Wu”, “Nagahama”, “Deck”, “Biellak”. Regarding Claim(s) 16, Wu, Nagahama and Deck teaches the apparatus according to claim 11 as stated above except for ellipsoidal collector configured to collect scattered radiation resulting from irradiation of a sample. Biellak teaches ellipsoidal collector configured to collect scattered radiation resulting from irradiation of a sample, (Figure 1, ellipsoidal collector 78). 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 Wu, Nagahama and Deck by having ellipsoidal collector in order to collect and direct the scattered radiation to a detector efficiently, (Figure 1, ellipsoidal collector 78; column 4, lines 1-14). Regarding Claim(s) 17, Wu, Nagahama and Deck teaches the apparatus according to claims 11, 16, as stated above except for a spatial filter. Biellak teaches a spatial filter, (column 4, lines 21-43). 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 Wu, Nagahama and Deck by having a spatial filter in order to block unwanted radiation, (column 4, lines 21-43). Regarding Claim(s) 18 Wu, Nagahama and Deck teaches the apparatus according to claims 11, 16, as stated above except for a detector configured to measure the scattered radiation collected by the compound ellipsoidal collector. Biellak teaches a detector configured to measure the scattered radiation collected by the compound ellipsoidal collector (figure 1, detector 80, ellipsoidal collector 78). 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 Wu, Nagahama and Deck by having a detector in order to measure the scattered radiation collected by the compound ellipsoidal collector, (figure 1, detector 80, ellipsoidal collector 78). 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. August 14, 2026 /Tri T Ton/ Primary Examiner Art Unit 2877
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Prosecution Timeline

Nov 27, 2023
Application Filed
Nov 20, 2025
Non-Final Rejection mailed — §103
Apr 20, 2026
Response Filed
Aug 03, 2026
Request for Continued Examination
Aug 04, 2026
Response after Non-Final Action
Aug 17, 2026
Non-Final Rejection mailed — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

2-3
Expected OA Rounds
86%
Grant Probability
97%
With Interview (+10.6%)
2y 1m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 1197 resolved cases by this examiner. Grant probability derived from career allowance rate.

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