Prosecution Insights
Last updated: October 25, 2026
Application No. 18/588,811

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

Final Rejection §103
Filed
Feb 27, 2024
Priority
Jul 31, 2023 — JP 2023-124484 +1 more
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
1034 granted / 1201 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
38 currently pending
Career history
1243
Total Applications
across all art units

Statute-Specific Performance

§101
4.3%
-35.7% vs TC avg
§103
51.9%
+11.9% vs TC avg
§102
22.1%
-17.9% vs TC avg
§112
15.0%
-25.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1201 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 . 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. Applicant’s arguments, see pages 10-12, filed 08/19/26, with respect to the objection(s) of Drawings have been fully considered and are persuasive. Therefore, the objection has been withdrawn. 3. With respect to applicant’s remarks filed on 08/19/26 regarding rejected claims on pages 13-15, the new added limitation “light emitting from the same imaging point is irradiated onto an object surface by the illumination optical element at the same light beam angle, regardless of the at least two different wavelength spectra” has been found in new reference of Onda et al. U.S. Pub. No. 2023/0258780, (please see the figure 4, and the following figure 17 of Onda. Laser oscillation elements 22 at the same location 73a (laser oscillation elements 22 is not different from light emitting from the same imaging point), is irradiated onto the surface XY, (surface XY is not different from an object surface), by collimator lens 61, (the collimator lens 61 is not different from the illumination optical element), at the same light beam angle. In other words, light emitting from the same imaging point 73a, generating light beams SBa, being irradiated onto object surface XY by illumination optical element 61, these light beams SBa have the same light beam angle with surface XY. Similarly, the same imaging point 73b and light beams SBb have the same light beam angle with surface XY, and the same imaging point 73c and light beams SBc have the same light beam angle with surface XY, and the same imaging point 73d and light beams SBd have the same light beam angle with surface XY). [AltContent: arrow][AltContent: textbox (SBd)][AltContent: arrow][AltContent: textbox (SBc)][AltContent: arrow][AltContent: arrow][AltContent: textbox (SBb)][AltContent: textbox (SBa)][AltContent: textbox (73d)][AltContent: arrow][AltContent: textbox (73c)][AltContent: arrow][AltContent: arrow][AltContent: textbox (73b)][AltContent: textbox (73a)][AltContent: arrow][AltContent: textbox (XY)][AltContent: arrow] PNG media_image1.png 548 864 media_image1.png Greyscale 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. 6. Claim(s) 19, is/are rejected under 35 U.S.C. 103 as being unpatentable over Lui Chen-guang et al. (CN 113985592 A) in view of Onda et al. (U.S. Pub. No. 2023/0258780), further in view of Oomori et al. (U.S. Pub. No. 2002/0017620). Hereafter “Lui”, “Onda”, “Oomori”. (Please see attached file for Lui’s reference in previous office action). Regarding Claim(s) 19, Lui teaches an optical apparatus comprising: an illumination optical element having a focal plane or a focal plane region including a vicinity of the focal plane (figure 1, an illumination optical element 3 having focal plane 4); and a projection portion including a light source with a light emitting surface, (the following figure 1, light source 1 with a light emitting surface DD is not different from a projection portion), wherein: the projection portion is configured to emit a light including light of at least two different wavelength spectra from the light source to the illumination optical element, (the following figure 1, light source 1 with a light emitting surface DD is not different from a projection portion. The illumination optical element lens 3. Page 3, lines 3, it is inherent that LED wide spectrum must contains at least two different wavelength spectra, and grating 2 generates different light of at least two different wavelength spectra toward focal plane 4), the projection portion is configured to form a projection image of the light from the light source at different positions by light of the two different wavelength spectra on a projection surface located in the focal plane or the focal plane region of the illumination optical element (the following figure 1, Light source 1 with a light emitting surface DD is not different from a projection portion. A projection image of the light from the light source at different positions ABC on a projection surface FF, in the focal plane or the focal plane region 4 of the illumination optical element 3. It is inherent that achromatic lens 3 are corrected to bring plurality wavelengths into focus on the same focal plane 4). a light emitting surface of the light source is disposed in the focal plane or the focal plane region, (the following figure 1, a light emitting surface DD of grating 2 of the light source 1 is disposed in the focal plane or the focal plane region of lens 3. Surface of grating 2 is not different from a light emitting surface of the light source 1), and the light source is configured to independently emit light of the two different wavelength spectra in different regions, (the following figure 1, surface of grating 2 of light source 1 is configured to independently emit light of the two different wavelength spectra with different projection images ABC in different regions). However, Lui does not teach on the projection surface, light emitting from the same imaging point is irradiated onto an object surface by the illumination optical element at the same light beam angle, regardless of the at least two different wavelength spectra, and on the projection surface, light emitting from different imaging points is irradiated onto the object surface by the illumination optical element as parallel light beams having different light beam angles, respectively. Onda teaches on the projection surface, light emitting from the same imaging point is irradiated onto an object surface by the illumination optical element at the same light beam angle, regardless of the at least two different wavelength spectra, (please see the figure 4, and the above figure 17 of Onda. Laser oscillation elements 22 at the same location 73a (laser oscillation elements 22 is not different from light emitting from the same imaging point) is irradiated onto the surface XY, (surface XY is not different from an object surface), by collimator lens 61, (the collimator lens 61 is not different from the illumination optical element), at the same light beam angle, regardless of the at least two wavelength spectra of each Laser oscillation element 22. Note: Lui has disclosed the limitation “at least two different wavelength spectra” generated by the plane of reflection grating 2 in figure 1 of Lui’s reference. In other words, light emitting from the same imaging point 73a, generating light beams SBa, being irradiated onto object surface XY by illumination optical element 61, these light beams SBa have the same light beam angle with surface XY. Similarly, the same imaging point 73b and light beams SBb have the same light beam angle with surface XY, and the same imaging point 73c and light beams SBc have the same light beam angle with surface XY, and the same imaging point 73d and light beams SBd have the same light beam angle with surface XY. And light emitting from the different imaging points 73a, 73b, 73c, 73d, generating light beams SBa, SBb, SBc, SBd, as parallel light beams, being irradiated onto object surface XY by illumination optical element 61, these light beams SBa, SBb, SBc, SBd have the different light beam angles with surface XY), and Onda further teaches on the projection surface, light emitting from different imaging points is irradiated onto the object surface by the illumination optical element as parallel light beams having different light beam angles, respectively, (please see the figure 4, and the above figure 17. Each laser oscillation elements 22 at different locations 73a, 73b, 73c, 73d (laser oscillation elements 22 is not different from light emitting from different imaging point), is irradiated onto the surface XY, (surface XY is not different from an object surface), by collimator lens 61, (the collimator lens 61 is not different from the illumination optical element), at different light beam angle. In other words, light emitting from the imaging points 73a, 73b, 73c, 73d, generating light beams SBa, SBb, SBc, SBd, being irradiated onto object surface XY by illumination optical element 61, these light beams SBa, SBb, SBc, SBd, have the different light beam angles with surface XY). 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 Lui by having light emitting from the same imaging point is irradiated onto an object surface at the same light beam angle, and light emitting from different imaging points is irradiated onto the object surface as parallel light beams having different light beam angles in order to detect different parallel light beams at different image points at the object surface. Moreover, Lui in view of Onda do not teach light flux. It is inherent that any light beam must has its own light flux. Moreover, Oomori also teaches light flux ([0035], lines 9-12). 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 Lui and Onda by having light flux in order to implement inspection system amount of light intensity emitted by the light source. 7. Claim(s) 1-6, 8-10, 17, is/are rejected under 35 U.S.C. 103 as being unpatentable over Lui Chen-guang et al. (CN 113985592 A), in view of Onda et al. (U.S. Pub. No. 2023/0258780), further in view of Oomori et al. (U.S. Pub. No. 2002/0017620), further in view of Deliwala (U.S. Pub. No. 2023/0108409) or Takei et al. (U.S. Pat. No. 8,542,272). Hereafter “Lui”, “Onda”, “Oomori”, “Deliwala”, “Takei”. (Please see attached file for Lui’s reference in previous office action). Regarding Claim(s) 1, Lui teaches an optical apparatus comprising: an illumination optical element having a focal plane or a focal plane region including a vicinity of the focal plane (figure 1, an illumination optical element 3 having focal plane 4); and a projection portion including a light source (the following figure 1, light source 1 with a light emitting surface DD is not different from a projection portion), wherein: the projection portion is configured to emit a light including light of at least two different wavelength spectra from the light source to the illumination optical element, (the following figure 1, light source 1 with a light emitting surface DD is not different from a projection portion. The illumination optical element lens 3. Page 3, lines 3, it is inherent that LED wide spectrum must contains at least two different wavelength spectra, and grating 2 generates different light of at least two different wavelength spectra toward focal plane 4), and the projection portion is configured to form a projection image of the light from the light source at different positions by light of the two different wavelength spectra on a projection surface located in the focal plane or the focal plane region of the illumination optical element, (the following figure 1 of Lui, Light source 1 with a light emitting surface DD is not different from a projection portion. A projection image of the light from the light source at different positions ABC on a projection surface FF, in the focal plane or the focal plane region 4 of the illumination optical element 3. It is inherent that achromatic lens 3 are corrected to bring plurality wavelengths into focus on the same focal plane 4). the projection portion is configured to change the projection image with the projection portion by the light of the two different wavelength spectra (the following figure 1, the projection portion, change the projection image ABC in the image plane FF by the light of the two different wavelength spectra of light source 1. The illumination optical element lens 3. Page 3, lines 3, it is inherent that LED wide spectrum must contains at least two different wavelength spectra, and grating 2 generates different light of at least two different wavelength spectra toward focal plane 4), However, Lui does not teach on the projection surface, light emitting from the same imaging point is irradiated onto an object surface by the illumination optical element at the same light beam angle, regardless of the at least two different wavelength spectra, and on the projection surface, light emitting from different imaging points is irradiated onto the object surface by the illumination optical element as parallel light beams having different light beam angles, respectively. Onda teaches on the projection surface, light emitting from the same imaging point is irradiated onto an object surface by the illumination optical element at the same light beam angle, regardless of the at least two different wavelength spectra, and on the projection surface, light emitting from different imaging points is irradiated onto the object surface by the illumination optical element as parallel light beams having different light beam angles, respectively, (please see the figure 4, and the above figure 17 of Onda. Laser oscillation elements 22 at the same location 73a (laser oscillation elements 22 is not different from light emitting from the same imaging point) is irradiated onto the surface XY, (surface XY is not different from an object surface), by collimator lens 61, (the collimator lens 61 is not different from the illumination optical element), at the same light beam angle, regardless of the at least two wavelength spectra of each Laser oscillation element 22. Lui has disclosed the limitation “at least two different wavelength spectra” generated by the plane of reflection grating 2 in figure 1 of Lui’s reference. In other words, light emitting from the same imaging point 73a, generating light beams SBa, being irradiated onto object surface XY by illumination optical element 61, these light beams SBa have the same light beam angle with surface XY. Similarly, the same imaging point 73b and light beams SBb have the same light beam angle with surface XY, and the same imaging point 73c and light beams SBc have the same light beam angle with surface XY, and the same imaging point 73d and light beams SBd have the same light beam angle with surface XY. And light emitting from the different imaging points 73a, 73b, 73c, 73d, generating light beams SBa, SBb, SBc, SBd, as parallel light beams, being irradiated onto object surface XY by illumination optical element 61, these light beams SBa, SBb, SBc, SBd have the different light beam angles with surface XY), and Onda further teaches on the projection surface, light emitting from different imaging points is irradiated onto the object surface by the illumination optical element as parallel light beams having different light beam angles, respectively, (please see the figure 4, and the above figure 17. Each laser oscillation elements 22 at different locations 73a, 73b, 73c, 73d (laser oscillation elements 22 is not different from light emitting from different imaging point), is irradiated onto the surface XY, (surface XY is not different from an object surface), by collimator lens 61, (the collimator lens 61 is not different from the illumination optical element), at different light beam angle. In other words, light emitting from the imaging points 73a, 73b, 73c, 73d, generating light beams SBa, SBb, SBc, SBd, being irradiated onto object surface XY by illumination optical element 61, these light beams SBa, SBb, SBc, SBd, have the different light beam angles with surface XY). 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 Lui by having light emitting from the same imaging point is irradiated onto an object surface at the same light beam angle, and light emitting from different imaging points is irradiated onto the object surface as parallel light beams having different light beam angles in order to detect different parallel light beams at different image points at the object surface. Moreover, Lui in view of Onda do not teach light flux. It is inherent that any light beam must has its own light flux. Moreover, Oomori also teaches light flux ([0035], lines 9-12). 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 Lui and Onda by having light flux in order to implement inspection system amount of light intensity emitted by the light source. Moreover, Lui in view of Onda and further in view of Oomori do not teach the projection portion is configured to change the projection image by the light of the two different wavelength spectra in time series. Deliwala teaches the projection portion is configured to change the projection image by the light of the two different wavelength spectra in time series, ([0237], Deliwala discloses “the changes in the LED spectra become changes in the available light intensity at the selected wavelengths passed through the pinhole P”. It is inherent that the changes in the LED spectra must change projection image in time series). Further, Takei also teaches this limitation (Column 4, lines 19-67; Figures 1, 2, filter 12. It is inherent that filter 12 is configured to change the projection image by the transmitted light through the filter of different wavelength spectra in time series). 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 Lui in view of Onda and further in view of Oomori by having the projection portion to change the projection image in time series order to different images for detecting. Regarding Claim(s) 2, Lui in view of Onda and Oomori, further in view of Deliwala,or Takei, disclose the claimed invention except for the projection portion is configured to emit light fluxes including light of at least two different wavelength spectra in a same period from the light source. Oomori discloses light fluxes as indicated above. Lui further teaches the projection portion is configured to emit light including light of at least two different wavelength spectra in the same period from the light source, (page 3, lines 3, it is inherent that LED wide spectrum must contain at least two different wavelength spectra in the same period from the light source). Regarding Claim(s) 4, Lui in view of Onda and Oomori, further in view of Deliwala, or Takei, disclose the claimed invention except for the projection portion makes a divergence angle immediately after the light flux from the light source passes through the focal plane or the focal plane region larger than a divergence angle immediately before the light flux passes through the focal plane or the focal plane region. Lui further teaches the projection portion makes a divergence angle immediately after the light flux from the light source passes through the focal plane or the focal plane region larger than a divergence angle immediately before the light flux passes through the focal plane or the focal plane region (figure 1, the projection portion reflection grating 2 makes a divergence angle immediately after the light from the LED passes through the focal plane 4). Regarding Claim(s) 5, Lui in view of Onda and Oomori, further in view of Deliwala, or Takei, disclose the claimed invention except for the projection portion is configured to image the light flux from the light source on the focal plane or the focal plane region. Deliwala, and Takei discloses light flux as indicated above. Lui further teaches the projection portion is configured to image the light from the light source on the focal plane or the focal plane region (the following figure 1 of Lui, reflecting grating 2 is not different from the projection portion is configured to image the light from the LED 1 on the focal plane 4). Regarding Claim(s) 6, Lui in view of Onda and Oomori, further in view of Deliwala, or Takei, disclose the claimed invention except for a light emitting surface of the light source is disposed in the focal plane or the focal plane region, and the light source is configured to independently emit light of the two different wavelength spectra in different regions. Lui further teaches a light emitting surface of the light source is disposed in the focal plane or the focal plane region, and the light source is configured to independently emit light of the two different wavelength spectra in different regions (figure 1, the combination of grating 2 and LED 1 have a light emitting surface DD being disposed in the focal plane of achromatic lens 3. It is inherent that LED 1 wide spectrum independently emits light of the two different wavelength spectra in different regions). Regarding Claim(s) 8, Lui in view of Onda and Oomori, further in view of Deliwala, or Takei, disclose the claimed invention except for an imaging portion which is configured to disperse at least two different wavelengths included in the light of the at least two different wavelength spectra, respectively, in the light from the light source. Lui further teaches an imaging portion which is configured to disperse at least two different wavelengths included in the light of the at least two different wavelength spectra, respectively, in the light from the light source (the following figure 1 of Lui, combination of achromatic lens 3 and grating 2 disperses at least two different wavelengths at different projection images ABC included in the light of the at least two different wavelength spectra). Regarding Claim(s) 9, Lui in view of Onda and Oomori, further in view of Deliwala, or Takei, disclose the claimed invention except for an imaging portion which has object side telecentricity for light having at least one wavelength in the light from the light source. Lui further teaches an imaging portion which has object side telecentricity for light having at least one wavelength in the light from the light source (figure 1, the imaging portion 8, 9, 10, 11, of the optical inspection apparatus has object side telecentricity with respect to light having at least one wavelength in the light from light source 1). Regarding Claim(s) 10, Lui in view of Onda and Oomori, further in view of Deliwala, or Takei, disclose the claimed invention except for the illumination optical element has a lens. Lui further teaches the illumination optical element has a lens (figure 1, lens 3, 4). [AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: connector][AltContent: textbox (F)][AltContent: textbox (F)][AltContent: arrow][AltContent: textbox (E1)][AltContent: arrow][AltContent: textbox (E2)][AltContent: arrow][AltContent: arrow][AltContent: textbox (P2)][AltContent: textbox (P1)][AltContent: arrow][AltContent: textbox (DD)][AltContent: textbox (ABC)] PNG media_image2.png 674 522 media_image2.png Greyscale [AltContent: textbox (α)][AltContent: arc][AltContent: connector][AltContent: connector][AltContent: arrow][AltContent: textbox (E1)][AltContent: arrow][AltContent: textbox (E2)][AltContent: arrow][AltContent: textbox (DD)] PNG media_image3.png 170 156 media_image3.png Greyscale Regarding Claim(s) 17, Lui in view of Onda and Oomori, further in view of Deliwala, or Takei, disclose the claimed invention except for the projection portion is configured to change a direction of a light beam of the light flux, or relationship between the direction of the light beam and the two different wavelength spectra in time series. Oomori teaches light flux, and Deliwala, and Takei disclose time series as indicated above. Lui further teaches the projection portion is configured to change a direction of a light beam of the light, or relationship between the direction of the light beam and the two different wavelength spectra in time series (the above figure 1, the surface reflection D is not different from projection portion, which changes direction of a light beam of the light flux at different projection images ABC with different wavelength spectra in time series). 8. Claim(s) 7, is/are rejected under 35 U.S.C. 103 as being unpatentable over Lui Chen-guang et al. (CN 113985592 A), in view of Onda et al. (U.S. Pub. No. 2023/0258780), further in view of Oomori et al. (U.S. Pub. No. 2002/0017620), further in view of Deliwala (U.S. Pub. No. 2023/0108409) or Takei et al. (U.S. Pat. No. 8,542,272), and further in view of Furman (U.S. Pat. No. 7,843,558). Hereafter “Lui”, “Onda”, “Oomori”, “Deliwala”, “Takei”, “Furman”. (Please see attached file for Lui’s reference in previous office action). Regarding Claim(s) 7, Lui in view of Onda and Oomori, further in view of Deliwala, or Takei, disclose the claimed invention except for a light diffusion portion which increases a divergence angle of the light flux when the light flux passes through the focal plane or the focal plane region. Oomori teaches light flux as indicated above. Furman teaches a light diffusion portion which increases a divergence angle of the light flux when the light flux passes through the focal plane or the focal plane region, (Column 5, lines 7-18; Column 6, lines 1-14; Figures 6, 9, light diffusers 120, 130, convert distribution emitted from each point of source 104, to a rectangular angular distributions 121, 132, 134, and increase a divergence angle of the light flux when the light flux passes through the focal plane of lens 106. Further, a characteristic of an optical diffuser is to scatter light to create uniform illumination in larger FOV. Therefore, the limitation “diffuser increases a divergence angle of the light” is only a characteristic of a diffuser). 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 Lui, Onda, Oomori, Deliwala, Takei, by having a light diffusion portion order to diverge light beams for detecting. 9. Claim(s) 11, 13, 15, is/are rejected under 35 U.S.C. 103 as being unpatentable over Lui Chen-guang et al. (CN 113985592 A), in view of Onda et al. (U.S. Pub. No. 2023/0258780), further in view of Oomori et al. (U.S. Pub. No. 2002/0017620), further in view of Deliwala (U.S. Pub. No. 2023/0108409) or Takei et al. (U.S. Pat. No. 8,542,272), and further in view of Ohno et al. (U.S. Pub. No. 2023/0077793). Hereafter “Lui”, “Oomori”, “Deliwala”, “Takei”, “Ohno”. (Please see attached files for Lui’s reference in previous office action). Regarding Claim(s) 11, 13, 15, Lui, Oomori, Onda, Deliwala, Takei, teach all the limitations of claims 1 and 9, as stated above except for a processor that is configured to control the imaging portion, causes the imaging portion to acquire an image, and performs optical inspection of an object surface based on information of color of the image captured by the imaging portion. Ohno teaches a processor that is configured to control the imaging portion, causes the imaging portion to acquire an image, and performs optical inspection of an object surface based on information of color of the image captured by the imaging portion ([0076-0081, 0210-0214]). 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 Lui, Onda, Oomori, Deliwala, Takei, by having a light diffusion portion in order to detect fine defect ([0076-0081, 0210-0214]). 10. Claim(s) 18, is/are rejected under 35 U.S.C. 103 as being unpatentable over Lui Chen-guang et al. (CN 113985592 A) in view of Onda et al. (U.S. Pub. No. 2023/0258780), further in view of Oomori et al. (U.S. Pub. No. 2002/0017620), further in view of Furman (U.S. Pat. No. 7,843,558). Hereafter “Lui”, “Onda”, “Oomori”, “Furman”. (Please see attached files for Lui’s reference in previous office action). Regarding Claim(s) 18, Lui teaches an optical apparatus comprising: an illumination optical element having a focal plane or a focal plane region including a vicinity of the focal plane (figure 1, an illumination optical element 3 having focal plane 4); and a projection portion including a light source (the above figure 1, light source 1 with a light emitting surface DD is not different from a projection portion), the projection portion is configured to emit a light including light of at least two different wavelength spectra from the light source to the illumination optical element (the following figure 1, light source 1 with a light emitting surface DD is not different from a projection portion. The illumination optical element lens 3. Page 3, lines 3, it is inherent that LED wide spectrum must contains at least two different wavelength spectra, and grating 2 generates different light of at least two different wavelength spectra toward focal plane 4), and the projection portion being configured to form a projection image of the light from light source at different positions by light of the two different wavelength spectra on a projection surface located in the focal plane or the focal plane region of the illumination optical element (the above figure 1, Light source 1 with a light emitting surface DD is not different from a projection portion. A projection image of the light from the light source at different positions ABC on a projection surface FF, in the focal plane or the focal plane region 4 of the illumination optical element 3. It is inherent that achromatic lens 3 are corrected to bring plurality wavelengths into focus on the same focal plane 4). Wherein However, Lui does not teach on the projection surface, light emitting from the same imaging point is irradiated onto an object surface by the illumination optical element at the same light beam angle, regardless of the at least two different wavelength spectra, and on the projection surface, light emitting from different imaging points is irradiated onto the object surface by the illumination optical element as parallel light beams having different light beam angles, respectively. Onda teaches on the projection surface, light emitting from the same imaging point is irradiated onto an object surface by the illumination optical element at the same light beam angle, regardless of the at least two different wavelength spectra, and on the projection surface, light emitting from different imaging points is irradiated onto the object surface by the illumination optical element as parallel light beams having different light beam angles, respectively, (please see the figure 4, and the above figure 17 of Onda. Laser oscillation elements 22 at the same location 73a (laser oscillation elements 22 is not different from light emitting from the same imaging point) is irradiated onto the surface XY, (surface XY is not different from an object surface), by collimator lens 61, (the collimator lens 61 is not different from the illumination optical element), at the same light beam angle, regardless of the at least two wavelength spectra of each Laser oscillation element 22. Lui has disclosed the limitation “at least two different wavelength spectra” generated by the plane of reflection grating 2 in figure 1 of Lui’s reference. In other words, light emitting from the same imaging point 73a, generating light beams SBa, being irradiated onto object surface XY by illumination optical element 61, these light beams SBa have the same light beam angle with surface XY. Similarly, the same imaging point 73b and light beams SBb have the same light beam angle with surface XY, and the same imaging point 73c and light beams SBc have the same light beam angle with surface XY, and the same imaging point 73d and light beams SBd have the same light beam angle with surface XY. And light emitting from the different imaging points 73a, 73b, 73c, 73d, generating light beams SBa, SBb, SBc, SBd, as parallel light beams, being irradiated onto object surface XY by illumination optical element 61, these light beams SBa, SBb, SBc, SBd have the different light beam angles with surface XY), and Onda further teaches on the projection surface, light emitting from different imaging points is irradiated onto the object surface by the illumination optical element as parallel light beams having different light beam angles, respectively, (please see the figure 4, and the above figure 17 of Onda. Each laser oscillation elements 22 at different locations 73a, 73b, 73c, 73d (laser oscillation elements 22 is not different from light emitting from different imaging point), is irradiated onto the surface XY, (surface XY is not different from an object surface), by collimator lens 61, (the collimator lens 61 is not different from the illumination optical element), at different light beam angle. In other words, light emitting from the imaging points 73a, 73b, 73c, 73d, generating light beams SBa, SBb, SBc, SBd, being irradiated onto object surface XY by illumination optical element 61, these light beams SBa, SBb, SBc, SBd, have the different light beam angles with surface XY). 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 Lui by having light emitting from the same imaging point is irradiated onto an object surface at the same light beam angle, and light emitting from different imaging points is irradiated onto the object surface as parallel light beams having different light beam angles in order to detect different parallel light beams at different image points at the object surface. Moreover, Lui in view of Onda do not teach light flux. It is inherent that any light beam must have its own light flux. Moreover, Oomori also teaches light flux ([0035], lines 9-12). 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 Lui and Onda by having light flux in order to implement inspection system amount of light intensity emitted by the light source. Moreover, Lui in view of Onda and Oomori do not teach a light diffusion portion which increases a divergence angle of the light when the light passes through the focal plane or the focal plane region. Furman teaches a light diffusion portion which increases a divergence angle of the light flux when the light flux passes through the focal plane or the focal plane region, (Column 5, lines 7-18; Column 6, lines 1-14; Figures 6, 9, light diffusers 120, 130, convert distribution emitted from each point of source 104, to a rectangular angular distributions 121, 132, 134, and increase a divergence angle of the light flux when the light flux passes through the focal plane of lens 106. Further, a characteristic of an optical diffuser is to scatter light to create uniform illumination in larger FOV. Therefore, the limitation “diffuser increases a divergence angle of the light” is only a characteristic of a diffuser). 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 Lui view of Onda and Oomori by having a light diffusion portion order to diverge light beams for detecting. Allowable Subject Matter 11. Claims 12, 14, 16, are 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. 12. The allowable Subject matter was indicated in office Action mailed on 09/29/25. Conclusion 13. 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 14. 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. October 9, 2026 /Tri T Ton/ Primary Examiner Art Unit 2877
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Prosecution Timeline

Show 1 earlier event
Sep 29, 2025
Non-Final Rejection mailed — §103
Dec 29, 2025
Response Filed
Jan 20, 2026
Final Rejection mailed — §103
Apr 20, 2026
Request for Continued Examination
Apr 24, 2026
Response after Non-Final Action
May 19, 2026
Non-Final Rejection mailed — §103
Aug 19, 2026
Response Filed
Oct 14, 2026
Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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

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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 1201 resolved cases by this examiner. Grant probability derived from career allowance rate.

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