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 .
Claim Objections
Claims 13-20 are objected to because of the following informalities:
In each of these claims, replace “The method” to “The non-transitory computer readable medium” to comply with proper antecedent basis.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-7, 9, 11-18, 20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Dalla-Torre et. al. (US Patent 2013/0336573 A1).
Regarding claim 1 and 12, Dalla-Torre et. al. discloses a method and non-transitory computer readable medium (Dalla-Torre et. al. claim 17, [0192], [0193]) for defect probability estimation based on relationships with concepts, the method comprises:(a) obtaining an evaluated patch representation; wherein the evaluated patch representation is selected out of (i) a representation of a patch of an image of an evaluated manufactured item (EMI), or (ii) a patch of a representation of the image of the EMI (Abstract, Figure 1, Figure 3, Figure 5, [0051] inspection sub-module 201 can define a candidate patch based on the candidate defect location);
(b) determining similarities between the evaluated patch representation and reference patch representations (RPRs) to provide similarity values ([0052] the inspection sub-module 201 can identify at least one similar patch in the inspected frame using a predefined similarity criterion, and using a statistical model); wherein each reference patch representation is associated with a first RPR similarity threshold and with a second RPR similarity threshold; wherein for each RPR, the first RPR similarity threshold exceeds the second RPR similarity threshold ([0053] the defect identifier sub-module 205 can determine a difference between the candidate patch and the similar patch, and then compare the difference to a threshold and can identify the candidate defect location in the inspected frame has a defect if the difference satisfies the threshold);
(c) determining that the evaluates patch representation is not faulty when at least one of the following occurs:
a. for each RPR of a first number (N1) of RPRs, a similarity between the evaluated patch representation is not lower than the first RPR similarity threshold of the RPR; or b. for each RPR of a second number (N2) of RPRs, a similarity between the evaluated patch representation is lower than the first RPR similarity threshold and not lower than the second RPR similarity threshold of the RPR ([0062] at block 307, processing logic determines whether a defect exists at the candidate defect location based on a comparison of at least a portion of the candidate patch with at least a corresponding portion of the at least one similar patch, by comparing the difference to a threshold, Figure 4 a first reference patch is defined then a second reference patch in the inspected frame).
Regarding claim 2 and 13, Dalla-Torre et. al. discloses the method according to claim 1 and 12, wherein N1 is smaller than N2 ([0076], a plurality of comparison results is obtained to find defects, [0080] more similar patches can be found using the detection method that finds at least one similar patch for each candidate defect, [0081]).
Regarding claim 3 and 14, Dalla-Torre et. al. discloses the method according to claim 2 and 13, wherein N1 equals one ([0088] the method also comprises candidate analysis to identify at least one candidate defect location in an individual frame imaging a portion of at least one manufactured object).
Regarding claim 4 and 15, Dalla-Torre et. al. discloses the method according to claim 3 and 14, wherein N2 exceeds two ([0092] where at block 615 processing logic applies an application-specific funnel technique to the pre-processed image(s) to propose candidate defect location(s) and the number of candidates can be a user-defined value (N=25)).
Regarding claim 5 and 16, Dalla-Torre et. al. discloses the method according to claim 1 and 12, wherein for each RPR, the first RPR similarity threshold and the second RPR similarity thresholds are indicative of similarities of training patch representations of members of a group of training patch representations associated with the RPR ([0099], Figure 8 where method 800 for detecting defects by comparing similar patches within an image, [0156] processing logic determines whether the nominee similar patch is similar to the candidate patch based on the optical region at block 1705 in Figure 17).
Regarding claim 6 and 17, Dalla-Torre et. al. discloses the method according to claim 5 and 16, wherein the first RPR similarity threshold is set based on a similarity, to the RPR, of a K1'th most similar member of the group of training patch representation, and wherein the second RPR similarity threshold is set based on a similarity, to the RPR, of a K2'th most similar member of the group of training patch representations, wherein K2 exceeds K1 and wherein K1 and K2 are positive integers ([0014]-[0126] processing logic can use a “Least Squares” solution to find an optimal filter for differences between patches and determine an average of all similar patches as selection criteria).
Regarding claim 7 and 18, Dalla-Torre et. al. discloses the method according to claim 6 and 17 wherein K1 and K2 are different percentiles of a number of members of the group of training patch representations ([0094], block 670, funnel score map with a funnel score at each pixel which is indicative of the degree of suspicion that this pixel might be defective. [0126] equations 6A-6B that show calculations for K, the number of similar patches found that contained the individual pixel).
Regarding claim 9 and 20, Dalla-Torre et. al. discloses the method according to claim 1 and 12 comprising responding to the determining (Figure 19, perform an action contingency in response to a false alarm, Figure 18 report result of a defect).
Regarding claim 11, Dalla-Torre et. al. discloses the method according to claim 1 comprising capturing by an image sensor, the image of the EMI ([0047] The inspection process 140 may be performed using any suitable type defect inspection system, such as an optical or E-Beam inspection system, [0037] Light-based imaging defect detection system is used, which depend on an image sensor for the captured results).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 8, 10, 19 are rejected under 35 U.S.C. 103 as being unpatentable over Dalla-Torre et. al. (US Patent 2013/0336573 A1) in view of Odinaev (WIPO/PCT 2023/203493 A1).
Regarding claim 8 and 19, Dalla-Torre et. al. discloses the method according to claim 1 and 12. However, Dalla-Torre et. al. fails to disclose comprising determining, for each RPR, the first RPR similarity threshold and the second RPR similarity thresholds.
Odinaev teaches determining, for each RPR, the first RPR similarity threshold and the second RPR similarity thresholds (Odinaev [0032], similarity mapping and similarity rules used to define the threshold to be indicative of a lack of defect). It is crucial for the claimed invention to show the method for determining the similarity thresholds for each RPR. Thus, it would have been obvious to one skilled in the art prior to the effective filing date of the claimed invention to have combined the teachings of Dalla-Torre et. al. with the teachings of Odinaev to include the method of similarity mapping to the selection of the representative patches. This would quantify the defect in manufacturing to allow a clear cut-off for acceptable products.
Regarding claim 10, Dalla-Torre et. al. discloses the method according to claim 9, However, Dalla-Torre et. al. fails to disclose wherein the responding comprises adjusting at least one parameter of a manufacturing process that manufactures manufactured items. Odinaev teaches wherein the responding comprises adjusting at least one parameter of a manufacturing process that manufactures manufactured items (Odinaev [0062]-[0066] where manufactured item parameters can be changed based on alert signal and changes are tracked). It is critical for the claimed invention to have the ability to modify the manufacturing parameters after identifying defects due to the manufacturing process. Thus, it would have been obvious to a person skilled in the art prior to the effective filing date of the claimed invention to combine the teachings of Dalla-Torre et. al. and the teachings of Odinaev to include the modified manufacturing parameters as they are noted within the manufacturing process.
Conclusion
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/JESSICA YIFANG LIN/Examiner, Art Unit 2668 January 12, 2026
/VU LE/Supervisory Patent Examiner, Art Unit 2668