Prosecution Insights
Last updated: April 19, 2026
Application No. 18/706,997

MEASUREMENT APPARATUS AND MEASUREMENT METHOD

Non-Final OA §102§103
Filed
May 02, 2024
Examiner
DOWNING, SAVANNAH STARR
Art Unit
2884
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Yokogawa Electric Corporation
OA Round
1 (Non-Final)
79%
Grant Probability
Favorable
1-2
OA Rounds
2y 9m
To Grant
90%
With Interview

Examiner Intelligence

Grants 79% — above average
79%
Career Allow Rate
26 granted / 33 resolved
+10.8% vs TC avg
Moderate +12% lift
Without
With
+11.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
21 currently pending
Career history
54
Total Applications
across all art units

Statute-Specific Performance

§101
1.0%
-39.0% vs TC avg
§103
49.3%
+9.3% vs TC avg
§102
33.5%
-6.5% vs TC avg
§112
13.5%
-26.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 33 resolved cases

Office Action

§102 §103
DETAILED ACTION 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 Rejections - 35 USC § 102 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. (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, 2, 5, 7, and 10 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Okada (US 20220214275 A1). Regarding Claim 1: Okada discloses a measurement apparatus comprising a controller (Fig. 1, 10) configured to: output an electromagnetic wave from an electromagnetic wave output source (Fig. 2, 20, incident wave 61) toward a sample (50) that has a first layer (51) and a second layer (52) adjacent to each other and is subjected to vibration at a predetermined vibration frequency ([0042]: “The displacer 40 may, for example, be configured to apply vibration to the sample 50.”); receive a reflected wave of the electromagnetic wave (63) from a measurement target portion at an interface between the first layer and the second layer ([0049]: “The incident electromagnetic wave 61 incident on the first layer 51 is reflected at the surface of the second layer 52 or the surface of the third layer 53.”); calculate a frequency or an amplitude of vibration of the measurement target portion based on the reflected wave (Fig. 4; [0063]: “The measurement apparatus 1 may calculate the absorption rate for each frequency included in the predetermined range and calculate the absorption spectrum of the sample 50 as the measurement result.”); and measure an adhesive strength of the measurement target portion based on the frequency or the amplitude of vibration of the measurement target portion calculated based on the reflected wave ([0094]: “…the measurement apparatus 1 of the present embodiment can judge whether the third layer 53 is present between the first layer 51 and the second layer 52 and calculate the area or thickness of the third layer 53. Here, even when no third layer 53 is present between the first layer 51 and the second layer 52, the adhesive strength between the first layer 51 and the second layer 52 might be less than a predetermined strength. The state in which the third layer 53 is present between the first layer 51 and the second layer 52 will be referred to as a partial contact state. The state in which the third layer 53 is not present, but the adhesive strength between the first layer 51 and the second layer 52 is less than a predetermined strength, will be referred to as a full contact state. The state in which the third layer 53 is not present, and the adhesive strength between the first layer 51 and the second layer 52 is equal to or greater than a predetermined strength, will be referred to as a tightly adhered state.”). Regarding Claim 2: Okada discloses the measurement apparatus according to claim 1, wherein the controller is configured to measure the adhesive strength of the measurement target portion based on a frequency spectrum of the vibration of the measurement target portion in a frequency band that includes a different frequency than the vibration frequency ([0040]: “The generator 20 may generate terahertz waves as electromagnetic waves. Terahertz waves are electromagnetic waves having a frequency between 0.1 THz and 10 THz.”). Regarding Claim 5: Okada discloses the measurement apparatus according to claim 1, wherein the controller is configured to output the electromagnetic wave toward the sample subjected to vibration at a first vibration frequency as the predetermined vibration frequency and calculate a first frequency or a first amplitude, which is the frequency or the amplitude of vibration of the measurement target portion, based on the reflected wave of the electromagnetic wave from the measurement target portion of the sample subjected to vibration at the first vibration frequency ([0098]: “The first layer 51, the second layer 52, and the substrate 55 each have a unique resonance frequency. When the resonance frequency of the first layer 51 and the resonance frequency of the second layer 52 differ, the displacer 40 can easily cause the phase of vibration of the first layer 51 and the phase of vibration of the second layer 52 to differ.”; Fig. 4), output the electromagnetic wave toward the sample subjected to vibration at a second vibration frequency as the predetermined vibration frequency and calculate a second frequency or a second amplitude, which is the frequency or the amplitude of vibration of the measurement target portion, based on the reflected wave of the electromagnetic wave from the measurement target portion of the sample subjected to vibration at the second vibration frequency ([0098]; Fig. 4), and measure the adhesive strength of the measurement target portion based on at least one of the first frequency and the second frequency, and the first amplitude and the second amplitude [0094]. Regarding Claim 7: Okada discloses the measurement apparatus according to claim 1, wherein the controller is configured to output an electromagnetic wave of a first frequency from a first electromagnetic wave output source toward the sample, the second layer of the sample being provided with an additive that increases reflectance of the electromagnetic wave of the first frequency ([0064]: “…since the refractive index of the first layer 51 is larger than the refractive index of the second layer 52, the incident electromagnetic wave 61 is totally reflected regardless of whether the third layer 53 is present. This increases the intensity of the reflected electromagnetic wave 63.”; the first layer 51 can therefore be considered the additive). Regarding Claim 10: Okada discloses the measurement method of a measurement apparatus (Figs. 12, 13, and 15), the measurement method comprising: outputting, by a controller, an electromagnetic wave from an electromagnetic wave output source toward a sample that has a first layer and a second layer adjacent to each other and is subjected to vibration at a predetermined vibration frequency (Fig. 13, S11); receiving, by the controller, a reflected wave of the electromagnetic wave from a measurement target portion at an interface between the first layer and the second layer (Fig. 13, S11); calculating, by the controller, a frequency or an amplitude of vibration of the measurement target portion based on the reflected wave (Fig. 13, S12, S13); and measuring, by the controller, an adhesive strength of the measurement target portion based on the frequency or the amplitude of vibration of the measurement target portion calculated based on the reflected wave (Fig. 13, S14 and S15). Claim(s) 1, 6, and 9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yacoubian (US 20050023434 A1). Regarding Claim 1: Yacoubian discloses a measurement apparatus comprising a controller (Fig. 4, 420) configured to: output an electromagnetic wave from an electromagnetic wave output source (Fig. 1) toward a sample (18) that has a first layer and a second layer adjacent to each other (Figs. 15A and 16A) and is subjected to vibration at a predetermined vibration frequency ([0091]: “…a method of acquiring subsurface structural information comprises illuminating a multiple-layer sample under test with a pulsed laser signal that excites elastic waves propagating normal to a sample surface, reflecting from multiple-layer surfaces back to the surface. The method further comprises measuring changes in refractive index near a surface of the sample under test induced by the pulsed laser signal.”); receive a reflected wave of the electromagnetic wave from a measurement target portion at an interface between the first layer and the second layer ([0091]: “…a method of acquiring subsurface structural information comprises illuminating a multiple-layer sample under test with a pulsed laser signal that excites elastic waves propagating normal to a sample surface, reflecting from multiple-layer surfaces back to the surface. The method further comprises measuring changes in refractive index near a surface of the sample under test induced by the pulsed laser signal.”); calculate a frequency or an amplitude of vibration of the measurement target portion based on the reflected wave (16B); and measure an adhesive strength of the measurement target portion based on the frequency or the amplitude of vibration of the measurement target portion calculated based on the reflected wave ([0033]: “…a surface vibration detection method enables detection of delamination.”). Regarding Claim 6: Yacoubian discloses the measurement apparatus according to claim 1, wherein there are a plurality of measurement target portions at the interface between the first layer and the second layer (Fig. 1, two I/O devices 116 with two measurement targets on surface 118), and wherein the controller is configured to output an electromagnetic wave toward each measurement target portion in a plurality of measurement target portions at the interface between the first layer and the second layer (Fig. 1), receive a reflected wave of the electromagnetic wave from each measurement target portion in the plurality of measurement target portions (Fig. 1), analyze, for each measurement target portion in the plurality of measurement target portions, the reflected wave from the measurement target portion to calculate a frequency or an amplitude of vibration of the measurement target portion (Figs. 16A/16B), and measure, for each measurement target portion in the plurality of measurement target portions, an adhesive strength of the measurement target portion based on a comparison between the frequency or the amplitude of vibration of the measurement target portion and an average value of the frequency or the amplitude of vibration of the plurality of measurement target portions (Figs. 16A/16B; [0096]: “A normal spectrum is shown in the lower graph relating to region (i). Deviation of the normal spectrum shown in region (i) is expected due to delamination as shown in the middle graph of region (ii).”). Regarding Claim 9: Yacoubian discloses the measurement apparatus according to claim 1, wherein the controller is configured to output, from a third electromagnetic wave output source, an electromagnetic wave of a third frequency that is reflected by a specific foreign object, and determine that the specific foreign object is present in the sample in response to reception of a reflected wave of the electromagnetic wave of the third frequency from the sample (Figs. 16A/16B; [0090]: “The pulsed laser is excited, causing the micro-electro mechanical (MEMS) cantilever structure to resonate. Individual MEMS structures have a characteristic spectrum. When defects are present, such as micro-cracks, delamination, or excess material, the characteristic spectrum changes, thus yielding information about the defect.”; [0099]: “Either the pump laser or the probe laser, or both, can interrogate at a single wavelength or multiple wavelengths.”). 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. Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yacoubian in view of Matsuura (JP 2009097890 A). Regarding Claim 3: Yacoubian discloses the measurement apparatus according to claim 1 but fails to teach wherein the controller is configured to calculate the frequency or the amplitude of vibration of the measurement target portion by performing a Doppler measurement of the reflected wave. Matsuura teaches a non-destructive inspection method wherein calculating the frequency or amplitude of the vibration of the measurement target portion is done by performing a Doppler measurement of the reflected wave ([0025] of the English translation of the disclosure provided by Applicant: “…a laser Doppler vibrometer is used as the non-contact type vibration detection sensor 32…”). Yacoubian and Matsuura are both considered to be analogous to the claimed invention because they are both in the field of non-destructive inspection. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Yacoubian to incorporate the teachings of Matsuura and perform a Doppler measurement of the reflected wave. One would be motivated to make such a modification on the basis of reducing background noise and increasing the accuracy of the measurement. Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yacoubian in view of Hirosawa (US 20010026365 A1). Regarding Claim 4: Yacoubian discloses the measurement apparatus according to claim 1, but fails to teach wherein the controller is configured to cause a p-polarized laser from a laser light source to be outputted toward the sample at Brewster's angle as the electromagnetic wave. However, Hirosawa teaches incident p-polarized light at its Brewster’s angle to eliminate the p-polarized component of the reflected light [0011]. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Yacoubian to incorporate the teachings of Hirosawa and cause a p-polarized laser from a laser light source to be outputted toward the sample at Brewster's angle as the electromagnetic wave. One would be motivated to make such a modification in order to exclude the effect of reflected waves from the sample’s surface and to enable higher accuracy measurements by reducing noise. Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Okada (US 20220214275 A1). Regarding Claim 8: Okada discloses the measurement apparatus according to claim 1, wherein the controller is configured to output an electromagnetic wave from an electromagnetic wave output source toward the sample, the sample further comprising a third layer (Fig. 2, 55) that is adjacent to the second layer and is provided with an additive that increases reflectance of the electromagnetic wave of the second frequency ([0064]: “…since the refractive index of the first layer 51 is larger than the refractive index of the second layer 52, the incident electromagnetic wave 61 is totally reflected regardless of whether the third layer 53 is present. This increases the intensity of the reflected electromagnetic wave 63.”; the first layer 51 can therefore be considered the additive), receive a reflected wave of the electromagnetic wave from a measurement target portion at an interface between the second layer and the third layer (Fig. 2), calculate a frequency or an amplitude of vibration of the measurement target portion at the interface between the second layer and the third layer based on the reflected wave (Fig. 4), and measure an adhesive strength of the measurement target portion at the interface between the second layer and the third layer based on the frequency or the amplitude of vibration of the measurement target portion at the interface between the second layer and the third layer [0094]. Okada fails to teach outputting an electromagnetic wave of a second frequency from a second electromagnetic wave output source toward the sample. However, Yacoubian teaches two electromagnetic wave output sources (Fig. 1, two I/O devices 116 with two measurement targets on surface 118). Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Okada to incorporate the teachings of Yacoubian and provide a second electromagnetic wave output source. One would be motivated to make such a modification on the basis of providing independent amplitude and phase calibration for each source and providing independent datasets. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MIYA DOWNING whose telephone number is (703)756-1840. The examiner can normally be reached Monday - Friday 8:00 AM - 5:00 PM ET. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Makiya can be reached at (571) 272-2273. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /MIYA DOWNING/Examiner, Art Unit 2884 /DAVID J MAKIYA/Supervisory Patent Examiner, Art Unit 2884
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Prosecution Timeline

May 02, 2024
Application Filed
Feb 06, 2026
Non-Final Rejection — §102, §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

1-2
Expected OA Rounds
79%
Grant Probability
90%
With Interview (+11.5%)
2y 9m
Median Time to Grant
Low
PTA Risk
Based on 33 resolved cases by this examiner. Grant probability derived from career allow rate.

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