Prosecution Insights
Last updated: August 17, 2026
Application No. 18/773,997

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

Non-Final OA §103
Filed
Jul 16, 2024
Priority
Oct 23, 2023 — JP 2023-181985
Examiner
RIZVI, AKBAR HASSAN
Art Unit
2877
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Kabushiki Kaisha Toshiba
OA Round
3 (Non-Final)
88%
Grant Probability
Favorable
3-4
OA Rounds
4m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allowance Rate
100 granted / 114 resolved
+19.7% vs TC avg
Strong +15% interview lift
Without
With
+15.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
12 currently pending
Career history
122
Total Applications
across all art units

Statute-Specific Performance

§101
3.4%
-36.6% vs TC avg
§103
63.1%
+23.1% vs TC avg
§102
17.4%
-22.6% vs TC avg
§112
14.3%
-25.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 114 resolved cases

Office Action

§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 . Continued Examination Under 37 CFR 1.114 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 final rejection. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 07/08/2026 has been entered. Response to Amendment Applicant’s amendments, see Page 9, Section II. Claim Objections, filed 07/08/2026, with respect to claims 16-18 have been fully considered and are persuasive. The objection to said claims in Office Action of 04/08/2026 has been withdrawn. Applicant’s amendments, see Pages 9-12, Section III. Rejections under 35 U.S.C. § 103, filed 07/08/2026, with respect to claims 1-18 have been fully considered and are persuasive. Therefore, the rejection of said claims in Office Action of 04/08/2026 has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of newly found prior art reference US-2019/0287237-A1. Response to Arguments Applicant has stated, with reference to Figure 8, that Otani merely discloses a standing wave pattern 329 having a periodic intensity variation in the X-direction. Therefore, Otani does not teach or suggest projecting first modulation pattern lights "in which an extending direction of an end portion of an object and a modulation direction are substantially parallel," as recited in amended independent claim 1. Examiner respectfully states that a standing wave pattern of light and dark stripes is a specific physical type of light intensity modulation pattern. Both describe alternating regions of high and low optical intensity, but they differ in how they are created and whether the underlying field is stationary or moving. Examiner’s Note During a phone call with Applicant’s representative on 07/16/2026, Examiner requested clarification regarding the amendment filed on 07/08/2026. In response, Applicant’s representative provided proposed amendments to claims 1, 8, and 12 via email on 07/24/2026. Per Applicant’s proposed amendments: In Claim 1, the last para will be read as “generate, by a peculiar scattering extraction process, a first peculiar light scattering image that is able to include an image of a peculiar area within the area of the object that is located at the end portion of the object or in an area inside the end portion, [[is]] extracted based on the first image group, wherein the peculiar area causes peculiar light scattering of the first modulation pattern lights, and the end portion of the object [[is]] appears to be a non-peculiar area [[by]] under the first modulation pattern lights.” In Claim 8, the last para will be read as “generating, by a peculiar scattering extraction process, a first peculiar light scattering image that is able to include an image of a peculiar area within the area of the object that is located at the end portion of the object or in an area inside the end portion, [[is]] extracted based on the first image group, wherein the peculiar area causes peculiar light scattering of the first modulation pattern lights, and the end portion of the object [[is]] appears to be a non-peculiar area [[by]] under the first modulation pattern lights.” In Claim 12, the last para will be read as “generating, by a peculiar scattering extraction process, a first peculiar light scattering image that is able to include an image of a peculiar area within the area of the object that is located at the end portion of the object or in an area inside the end portion, [[is]] extracted based on the first image group, wherein the peculiar area causes peculiar light scattering of the first modulation pattern lights, and the end portion of the object [[is]] appears to be a non-peculiar area [[by]] under the first modulation pattern lights.” Examiner respectfully suggests that in the response to this action, Applicant file an amendment reflecting at least the proposed amendment discussed on 07/16/2026. Claim Objections Claims 3, 10 and 14 are objected to because of the following informalities: In Claim 3, the last para will be read as “generate, by the peculiar scattering extraction process, a second peculiar light scattering image that is able to include an image of a peculiar area within the area of the object that is located at a position remote from the end portion of the object by a certain distance or more, [[on the second image group, wherein the peculiar area causes peculiar light scattering of the second modulation pattern lights.” In Claim 10, the last para will be read as “generating, by the peculiar scattering extraction process, a second peculiar light scattering image that is able to include an image of a peculiar area within the area of the object that is located at a position remote from the end portion of the object by a certain distance or more, [[ In Claim 14, the last para will be read as “generating, by the peculiar scattering extraction process, a second peculiar light scattering image that is able to include an image of a peculiar area within the area of the object that is located at a position remote from the end portion of the object by a certain distance or more, [[ Appropriate correction is required. 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 non-obviousness. Claim(s) 1-4 and 6-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Otani et al. (US 2017/0108444 A1) in view of de Bonfim Gripp et al. (US 2019/0287237 A1). Regarding independent Claim 1, Otani discloses an optical inspection apparatus comprising: a controller (Figure 1: element 125 is a control system; [0032]), the controller being configured to: project first modulation pattern lights ([0014] “executing phase modulation of a plurality of illumination lights in one direction on a surface of the sample”) having an intensity modulation pattern with cyclically changing lightness and darkness (Figure 8: element 329 is a standing wave pattern; [0118]), in which an extending direction of an end portion of an object and a modulation direction are substantially parallel (Figure 8; [0014] “executing phase modulation of a plurality of illumination lights in one direction on a surface of the sample”; [0119] “having the periodic intensity variation with respect to the X-direction 332”), onto an area of the object (Figure 1; [0118] “on the sample 101”); and acquire a first image group including a plurality of pattern images ([0108] “detection of the light generated on the sample … will be repeatedly executed”) by imaging the area ([0108] “detector 207 detects the light (scattered light) generated on the sample 101, fluctuated by the modulated structured illumination”) including the end portion of the object (Figure 8; [0118] “shows an illumination intensity pattern on the surface of the sample”, interpreted to include an end portion of the sample, parallel to the X-direction 332) onto which the first modulation pattern lights are projected (Figure 8; [0118] “shows an illumination intensity pattern on the surface of the sample”), but does not specifically teach to: generate, by a peculiar scattering extraction process, a first peculiar light scattering image that is able to include an image of a peculiar area within the area of the object that is located at the end portion of the object or in an area inside the end portion, extracted based on the first image group, wherein the peculiar area causes peculiar light scattering of the first modulation pattern lights, and the end portion of the object appears to be a non-peculiar area under the first modulation pattern lights. However, de Bonfim Gripp, in the same field of automatic quality inspection, teaches to generate, by a peculiar scattering extraction process (Figure 3A: step 309 is extraction of features; [0079] “features 309 are extracted which feed a defect classification algorithm 304”), a first peculiar light scattering image that is able to include an image of a peculiar area within the area of the object (Figure 2; [0074] “The software calculates the regions of the curves 205 corresponding to defects in the part and shows them as segments of curves 206”, wherein “segments of curves 206” are interpreted to be an image of “defects in the part”, i.e., a peculiar area within the area of the part) that is located at the end portion of the object or in an area inside the end portion ([0017] “a defect in a material” is interpreted to be disposed at an end portion of the material or in an area inside the end portion), extracted based on the first image group ([0037] “features extracted from the images”), wherein the peculiar area causes peculiar light scattering of the first modulation pattern lights (Figure 1; [0068] “The light rays 111 of the lights 101 are specularly reflected by the inspected material 110 as indicated by the reflected ray 112”; [0069] “Waviness defects in the inspected material 110 change the angulation of the reflected rays 112”), and the end portion of the object appears to be a non-peculiar area (Figure 2; [0074] “The software calculates the regions of the curves 205 corresponding to defects in the part and shows them as segments of curves 206”, wherein the dark portions, including the end portion, appear to be non-peculiar areas) under the first modulation pattern lights (Figure 1; [0067] “a light source 100 which generates a light pattern, for example, by creating parallel lines of light 101 on a black background 102”). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the optical inspection apparatus of Otani with the teachings of de Bonfim Gripp, to generate, by a peculiar scattering extraction process, a first peculiar light scattering image that is able to include an image of a peculiar area within the area of the object that is located at the end portion of the object or in an area inside the end portion, extracted based on the first image group, wherein the peculiar area causes peculiar light scattering of the first modulation pattern lights, and the end portion of the object appears to be a non-peculiar area under the first modulation pattern lights, because “the claimed methods and systems provide a solution for automating the quality inspection of materials, such as pieces, body, chassis or fairing parts and surfaces, glass and internal parts of a wide range of products.” (de Bonfim Gripp, para 15) Regarding Claim 2, modified Otani discloses the optical inspection apparatus of Claim 1, wherein the controller is configured to detect the peculiar area of the object ([0016] “optically detecting a defect on a sample”) by using the first peculiar light scattering image (Figure 2; [0059] “the objective lens 202 collects the scattered light and reflecting light generated from the region on the sample 101 irradiated with the light from the dark-field illumination optical system 201 or the bright-field illumination optical system 211. The collected light is imaged on the detector 207 by the lens systems 203, 204 and the imaging lens 206. The light imaged by the detector 207 is converted into the electric signal, which is output to the control system 125”). Regarding Claim 3, modified Otani discloses the optical inspection apparatus of Claim 1, wherein the controller is configured to: project, onto the area of the object (Figure 1; [0127] “on the sample 101”), second modulation pattern lights ([0014] “executing phase modulation of a plurality of illumination lights in one direction on a surface of the sample”) having a modulation direction nonparallel to the direction of the end portion of the object (Figure 11; [0014] “executing phase modulation of a plurality of illumination lights in one direction on a surface of the sample”; [0127] “standing wave pattern 330 has the periodic intensity variation in the Y-direction 331”), the second modulation pattern lights having an intensity modulation pattern with cyclically changing lightness and darkness (Figure 11: element 330 is standing wave pattern; [0127]) and with the modulation direction different from the modulation direction of the first modulation pattern lights (Figure 11; [0127] “The standing wave pattern 330 has the periodic intensity variation in the Y-direction 331 unlike the standing wave pattern 329 as shown in FIG. 8, and has no periodic structural variation in the X-direction 332”); and acquire a second image group including a plurality of pattern images ([0108] “detection of the light generated on the sample … will be repeatedly executed”) by imaging the area of the object ([0108] “detector 207 detects the light (scattered light) generated on the sample 101, fluctuated by the modulated structured illumination”) onto which the second modulation pattern lights are projected (Figure 11; [0127] “a standing wave pattern 330 is generated on the sample 101”), but does not specifically teach to: generate, by the peculiar scattering extraction process, a second peculiar light scattering image that is able to include an image of a peculiar area within the area of the object that is located at a position remote from the end portion of the object by a certain distance or more, extracted based on the second image group, wherein the peculiar area causes peculiar light scattering of the second modulation pattern lights. However, de Bonfim Gripp, in the same field of automatic quality inspection, teaches to generate, by the peculiar scattering extraction process (Figure 3A: step 309 is extraction of features; [0079] “features 309 are extracted which feed a defect classification algorithm 304”), a second peculiar light scattering image that is able to include an image of a peculiar area within the area of the object (Figure 2; [0074] “The software calculates the regions of the curves 205 corresponding to defects in the part and shows them as segments of curves 206”, wherein “segments of curves 206” are interpreted to be an image of “defects in the part”, i.e., a peculiar area within the area of the part) that is located at a position remote from the end portion of the object by a certain distance or more (Figure 2; [0074] “segments of curves 206” are located at a position remote from an end portion of the material; [0017] “a defect in a material” is interpreted to be disposed at a position remote from an end portion of the material by a certain distance or more), extracted based on the second image group ([0037] “features extracted from the images”), wherein the peculiar area causes peculiar light scattering of the second modulation pattern lights (Figure 1; [0068] “The light rays 111 of the lights 101 are specularly reflected by the inspected material 110 as indicated by the reflected ray 112”; [0069] “Waviness defects in the inspected material 110 change the angulation of the reflected rays 112”; [0072] “The shape of the light pattern is not limited to parallel lines”, interpreted as the use of more than one “light pattern”). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the optical inspection apparatus of Otani with the teachings of de Bonfim Gripp, to generate, by the peculiar scattering extraction process, a second peculiar light scattering image that is able to include an image of a peculiar area within the area of the object that is located at a position remote from the end portion of the object by a certain distance or more, extracted based on the second image group, wherein the peculiar area causes peculiar light scattering of the second modulation pattern lights, because “the claimed methods and systems provide a solution for automating the quality inspection of materials, such as pieces, body, chassis or fairing parts and surfaces, glass and internal parts of a wide range of products.” (de Bonfim Gripp, para 15) Regarding Claim 4, modified Otani discloses the optical inspection apparatus of Claim 3, wherein the controller is configured to detect the peculiar area of the object ([0016] “optically detecting a defect on a sample”) by using the second peculiar light scattering image (Figure 2; [0059] “the objective lens 202 collects the scattered light and reflecting light generated from the region on the sample 101 irradiated with the light from the dark-field illumination optical system 201 or the bright-field illumination optical system 211. The collected light is imaged on the detector 207 by the lens systems 203, 204 and the imaging lens 206. The light imaged by the detector 207 is converted into the electric signal, which is output to the control system 125”). Regarding Claim 6, modified Otani discloses the optical inspection apparatus of Claim 1, wherein the intensity modulation pattern is a cyclic modulation pattern (Figure 8: element 329 is a standing wave pattern; [0118]). Regarding Claim 7, modified Otani discloses the optical inspection apparatus of Claim 1, further comprising: a projector (Figure 2: element 220 is an optical illumination system; [0048]) configured to be controlled by the controller (Figure 2: element 125 is a control system; [0032]) and to project the first modulation pattern lights onto the area of the object ([0014] “executing phase modulation of a plurality of illumination lights in one direction on a surface of the sample”); and an imaging device (Figure 2: element 207 is a detector; [0057]) configured to be controlled by the controller (Figure 2: element 125 is a control system; [0032]) and to acquire the first image group ([0108] “detector 207 detects the light (scattered light)”). Regarding independent Claim 8, Otani discloses an optical inspection method comprising: projecting first modulation pattern lights ([0014] “executing phase modulation of a plurality of illumination lights in one direction on a surface of the sample”) having an intensity modulation pattern with cyclically changing lightness and darkness (Figure 8: element 329 is a standing wave pattern; [0118]), in which an extending direction of an end portion of an object and a modulation direction are substantially parallel (Figure 8; [0014] “executing phase modulation of a plurality of illumination lights in one direction on a surface of the sample”; [0119] “having the periodic intensity variation with respect to the X-direction 332”), onto an area (Figure 1; [0118] “on the sample 101”) including the end portion of the object (Figure 8; [0118] “shows an illumination intensity pattern on the surface of the sample”, interpreted to include an end portion of the sample, parallel to the X-direction 332); and acquiring a first image group including a plurality of pattern images ([0108] “detection of the light generated on the sample … will be repeatedly executed”) by imaging the area of the object ([0108] “detector 207 detects the light (scattered light) generated on the sample 101, fluctuated by the modulated structured illumination”) onto which the first modulation pattern lights are projected (Figure 8; [0118] “shows an illumination intensity pattern on the surface of the sample”), but does not specifically teach: generating, by a peculiar scattering extraction process, a first peculiar light scattering image that is able to include an image of a peculiar area within the area of the object that is located at the end portion of the object or in an area inside the end portion, extracted based on the first image group, wherein the peculiar area causes peculiar light scattering of the first modulation pattern lights, and the end portion of the object appears to be a non-peculiar area under the first modulation pattern lights. However, de Bonfim Gripp, in the same field of automatic quality inspection, teaches generating, by a peculiar scattering extraction process (Figure 3A: step 309 is extraction of features; [0079] “features 309 are extracted which feed a defect classification algorithm 304”), a first peculiar light scattering image that is able to include an image of a peculiar area within the area of the object (Figure 2; [0074] “The software calculates the regions of the curves 205 corresponding to defects in the part and shows them as segments of curves 206”, wherein “segments of curves 206” are interpreted to be an image of “defects in the part”, i.e., a peculiar area within the area of the part) that is located at the end portion of the object or in an area inside the end portion ([0017] “a defect in a material” is interpreted to be disposed at an end portion of the material or in an area inside the end portion), extracted based on the first image group ([0037] “features extracted from the images”), wherein the peculiar area causes peculiar light scattering of the first modulation pattern lights (Figure 1; [0068] “The light rays 111 of the lights 101 are specularly reflected by the inspected material 110 as indicated by the reflected ray 112”; [0069] “Waviness defects in the inspected material 110 change the angulation of the reflected rays 112”), and the end portion of the object appears to be a non-peculiar area (Figure 2; [0074] “The software calculates the regions of the curves 205 corresponding to defects in the part and shows them as segments of curves 206”, wherein the dark portions, including the end portion, appear to be non-peculiar areas) under the first modulation pattern lights (Figure 1; [0067] “a light source 100 which generates a light pattern, for example, by creating parallel lines of light 101 on a black background 102”). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the optical inspection method of Otani with the teachings of de Bonfim Gripp, for generating, by a peculiar scattering extraction process, a first peculiar light scattering image that is able to include an image of a peculiar area within the area of the object that is located at the end portion of the object or in an area inside the end portion, extracted based on the first image group, wherein the peculiar area causes peculiar light scattering of the first modulation pattern lights, and the end portion of the object appears to be a non-peculiar area under the first modulation pattern lights, because “the claimed methods and systems provide a solution for automating the quality inspection of materials, such as pieces, body, chassis or fairing parts and surfaces, glass and internal parts of a wide range of products.” (de Bonfim Gripp, para 15) Regarding Claim 9, modified Otani discloses the optical inspection method of Claim 8, further comprising detecting the peculiar area of the object ([0016] “optically detecting a defect on a sample”) by using the first peculiar light scattering image (Figure 2; [0059] “the objective lens 202 collects the scattered light and reflecting light generated from the region on the sample 101 irradiated with the light from the dark-field illumination optical system 201 or the bright-field illumination optical system 211. The collected light is imaged on the detector 207 by the lens systems 203, 204 and the imaging lens 206. The light imaged by the detector 207 is converted into the electric signal, which is output to the control system 125”). Regarding Claim 10, modified Otani discloses the optical inspection method of Claim 8, further comprising: projecting, onto the area of the object (Figure 1; [0127] “on the sample 101”), second modulation pattern lights ([0014] “executing phase modulation of a plurality of illumination lights in one direction on a surface of the sample”) having a modulation direction nonparallel to the direction of the end portion of the object (Figure 11; [0014] “executing phase modulation of a plurality of illumination lights in one direction on a surface of the sample”; [0127] “standing wave pattern 330 has the periodic intensity variation in the Y-direction 331”), the second modulation pattern lights having an intensity modulation pattern with cyclically changing lightness and darkness (Figure 11: element 330 is standing wave pattern; [0127]) and with the modulation direction different from the modulation direction of the first modulation pattern lights (Figure 11; [0127] “The standing wave pattern 330 has the periodic intensity variation in the Y-direction 331 unlike the standing wave pattern 329 as shown in FIG. 8, and has no periodic structural variation in the X-direction 332”); and acquiring a second image group including a plurality of pattern images ([0108] “detection of the light generated on the sample … will be repeatedly executed”) by imaging the area of the object ([0108] “detector 207 detects the light (scattered light) generated on the sample 101, fluctuated by the modulated structured illumination”) onto which the second modulation pattern lights are projected (Figure 11; [0127] “a standing wave pattern 330 is generated on the sample 101”), but does not specifically teach: generating, by the peculiar scattering extraction process, a second peculiar light scattering image that is able to include an image of a peculiar area within the area of the object that is located at a position remote from the end portion of the object by a certain distance or more, extracted based on the second image group, wherein the peculiar area causes peculiar light scattering of the second modulation pattern lights. However, de Bonfim Gripp, in the same field of automatic quality inspection, teaches generating, by the peculiar scattering extraction process (Figure 3A: step 309 is extraction of features; [0079] “features 309 are extracted which feed a defect classification algorithm 304”), a second peculiar light scattering image that is able to include an image of a peculiar area within the area of the object (Figure 2; [0074] “The software calculates the regions of the curves 205 corresponding to defects in the part and shows them as segments of curves 206”, wherein “segments of curves 206” are interpreted to be an image of “defects in the part”, i.e., a peculiar area within the area of the part) that is located at a position remote from the end portion of the object by a certain distance or more (Figure 2; [0074] “segments of curves 206” are located at a position remote from an end portion of the material; [0017] “a defect in a material” is interpreted to be disposed at a position remote from an end portion of the material by a certain distance or more), extracted based on the second image group ([0037] “features extracted from the images”), wherein the peculiar area causes peculiar light scattering of the second modulation pattern lights (Figure 1; [0068] “The light rays 111 of the lights 101 are specularly reflected by the inspected material 110 as indicated by the reflected ray 112”; [0069] “Waviness defects in the inspected material 110 change the angulation of the reflected rays 112”; [0072] “The shape of the light pattern is not limited to parallel lines”, interpreted as the use of more than one “light pattern”). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the optical inspection method of Otani with the teachings of de Bonfim Gripp, for generating, by the peculiar scattering extraction process, a second peculiar light scattering image that is able to include an image of a peculiar area within the area of the object that is located at a position remote from the end portion of the object by a certain distance or more, extracted based on the second image group, wherein the peculiar area causes peculiar light scattering of the second modulation pattern lights, because “the claimed methods and systems provide a solution for automating the quality inspection of materials, such as pieces, body, chassis or fairing parts and surfaces, glass and internal parts of a wide range of products.” (de Bonfim Gripp, para 15) Regarding Claim 11, modified Otani discloses the optical inspection method of Claim 10, further comprising detecting the peculiar area of the object ([0016] “optically detecting a defect on a sample”) by using the second peculiar light scattering image (Figure 2; [0059] “the objective lens 202 collects the scattered light and reflecting light generated from the region on the sample 101 irradiated with the light from the dark-field illumination optical system 201 or the bright-field illumination optical system 211. The collected light is imaged on the detector 207 by the lens systems 203, 204 and the imaging lens 206. The light imaged by the detector 207 is converted into the electric signal, which is output to the control system 125”). Regarding independent Claim 12, Otani discloses a non-transitory storage medium storing an optical inspection program that causes a computer (Figure 1: element 123 is a user interface; [0032]) to execute: projecting first modulation pattern lights ([0014] “executing phase modulation of a plurality of illumination lights in one direction on a surface of the sample”) having an intensity modulation pattern with cyclically changing lightness and darkness (Figure 8: element 329 is a standing wave pattern; [0118]), in which an extending direction of an end portion of an object and a modulation direction are substantially parallel (Figure 8; [0014] “executing phase modulation of a plurality of illumination lights in one direction on a surface of the sample”; [0119] “having the periodic intensity variation with respect to the X-direction 332”), onto an area (Figure 1; [0118] “on the sample 101”) including the end portion of the object (Figure 8; [0118] “shows an illumination intensity pattern on the surface of the sample”, interpreted to include an end portion of the sample, parallel to the X-direction 332); and acquiring a first image group including a plurality of pattern images ([0108] “detection of the light generated on the sample … will be repeatedly executed”) by imaging the area of the object ([0108] “detector 207 detects the light (scattered light) generated on the sample 101, fluctuated by the modulated structured illumination”) onto which the first modulation pattern lights are projected (Figure 8; [0118] “shows an illumination intensity pattern on the surface of the sample”), but does not specifically teach: generating, by a peculiar scattering extraction process, a first peculiar light scattering image that is able to include an image of a peculiar area within the area of the object that is located at the end portion of the object or in an area inside the end portion, extracted based on the first image group, wherein the peculiar area causes peculiar light scattering of the first modulation pattern lights, and the end portion of the object appears to be a non-peculiar area under the first modulation pattern lights. However, de Bonfim Gripp, in the same field of automatic quality inspection, teaches generating, by a peculiar scattering extraction process (Figure 3A: step 309 is extraction of features; [0079] “features 309 are extracted which feed a defect classification algorithm 304”), a first peculiar light scattering image that is able to include an image of a peculiar area within the area of the object (Figure 2; [0074] “The software calculates the regions of the curves 205 corresponding to defects in the part and shows them as segments of curves 206”, wherein “segments of curves 206” are interpreted to be an image of “defects in the part”, i.e., a peculiar area within the area of the part) that is located at the end portion of the object or in an area inside the end portion ([0017] “a defect in a material” is interpreted to be disposed at an end portion of the material or in an area inside the end portion), extracted based on the first image group ([0037] “features extracted from the images”), wherein the peculiar area causes peculiar light scattering of the first modulation pattern lights (Figure 1; [0068] “The light rays 111 of the lights 101 are specularly reflected by the inspected material 110 as indicated by the reflected ray 112”; [0069] “Waviness defects in the inspected material 110 change the angulation of the reflected rays 112”), and the end portion of the object appears to be a non-peculiar area (Figure 2; [0074] “The software calculates the regions of the curves 205 corresponding to defects in the part and shows them as segments of curves 206”, wherein the dark portions, including the end portion, appear to be non-peculiar areas) under the first modulation pattern lights (Figure 1; [0067] “a light source 100 which generates a light pattern, for example, by creating parallel lines of light 101 on a black background 102”). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the non-transitory storage medium of Otani with the teachings of de Bonfim Gripp, for generating, by a peculiar scattering extraction process, a first peculiar light scattering image that is able to include an image of a peculiar area within the area of the object that is located at the end portion of the object or in an area inside the end portion, extracted based on the first image group, wherein the peculiar area causes peculiar light scattering of the first modulation pattern lights, and the end portion of the object appears to be a non-peculiar area under the first modulation pattern lights, because “the claimed methods and systems provide a solution for automating the quality inspection of materials, such as pieces, body, chassis or fairing parts and surfaces, glass and internal parts of a wide range of products.” (de Bonfim Gripp, para 15) Regarding Claim 13, modified Otani discloses the non-transitory storage medium storing the optical inspection program of Claim 12, the optical inspection program further causing the computer to execute detecting the peculiar area of the object ([0016] “optically detecting a defect on a sample”) by using the first peculiar light scattering image (Figure 2; [0059] “the objective lens 202 collects the scattered light and reflecting light generated from the region on the sample 101 irradiated with the light from the dark-field illumination optical system 201 or the bright-field illumination optical system 211. The collected light is imaged on the detector 207 by the lens systems 203, 204 and the imaging lens 206. The light imaged by the detector 207 is converted into the electric signal, which is output to the control system 125”). Regarding Claim 14, modified Otani discloses the non-transitory storage medium storing the optical inspection program of Claim 12, the optical inspection program further causing the computer to execute: projecting, onto the area of the object (Figure 1; [0127] “on the sample 101”), second modulation pattern lights ([0014] “executing phase modulation of a plurality of illumination lights in one direction on a surface of the sample”) having a modulation direction nonparallel to the direction of the end portion of the object (Figure 11; [0014] “executing phase modulation of a plurality of illumination lights in one direction on a surface of the sample”; [0127] “standing wave pattern 330 has the periodic intensity variation in the Y-direction 331”), the second modulation pattern lights having an intensity modulation pattern with cyclically changing lightness and darkness (Figure 11: element 330 is standing wave pattern; [0127]) and with the modulation direction different from the modulation direction of the first modulation pattern lights (Figure 11; [0127] “The standing wave pattern 330 has the periodic intensity variation in the Y-direction 331 unlike the standing wave pattern 329 as shown in FIG. 8, and has no periodic structural variation in the X-direction 332”); and acquiring a second image group including a plurality of pattern images ([0108] “detection of the light generated on the sample … will be repeatedly executed”) by imaging the area of the object ([0108] “detector 207 detects the light (scattered light) generated on the sample 101, fluctuated by the modulated structured illumination”) onto which the second modulation pattern lights are projected (Figure 11; [0127] “a standing wave pattern 330 is generated on the sample 101”), but does not specifically teach: generating, by the peculiar scattering extraction process, a second peculiar light scattering image that is able to include an image of a peculiar area within the area of the object that is located at a position remote from the end portion of the object by a certain distance or more, extracted based on the second image group, wherein the peculiar area causes peculiar light scattering of the second modulation pattern lights. However, de Bonfim Gripp, in the same field of automatic quality inspection, teaches generating, by the peculiar scattering extraction process (Figure 3A: step 309 is extraction of features; [0079] “features 309 are extracted which feed a defect classification algorithm 304”), a second peculiar light scattering image that is able to include an image of a peculiar area within the area of the object (Figure 2; [0074] “The software calculates the regions of the curves 205 corresponding to defects in the part and shows them as segments of curves 206”, wherein “segments of curves 206” are interpreted to be an image of “defects in the part”, i.e., a peculiar area within the area of the part) that is located at a position remote from the end portion of the object by a certain distance or more (Figure 2; [0074] “segments of curves 206” are located at a position remote from an end portion of the material; [0017] “a defect in a material” is interpreted to be disposed at a position remote from an end portion of the material by a certain distance or more), extracted based on the second image group ([0037] “features extracted from the images”), wherein the peculiar area causes peculiar light scattering of the second modulation pattern lights (Figure 1; [0068] “The light rays 111 of the lights 101 are specularly reflected by the inspected material 110 as indicated by the reflected ray 112”; [0069] “Waviness defects in the inspected material 110 change the angulation of the reflected rays 112”; [0072] “The shape of the light pattern is not limited to parallel lines”, interpreted as the use of more than one “light pattern”). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the non-transitory storage medium of Otani with the teachings of de Bonfim Gripp, for generating, by the peculiar scattering extraction process, a second peculiar light scattering image that is able to include an image of a peculiar area within the area of the object that is located at a position remote from the end portion of the object by a certain distance or more, extracted based on the second image group, wherein the peculiar area causes peculiar light scattering of the second modulation pattern lights, because “the claimed methods and systems provide a solution for automating the quality inspection of materials, such as pieces, body, chassis or fairing parts and surfaces, glass and internal parts of a wide range of products.” (de Bonfim Gripp, para 15) Regarding Claim 15, modified Otani discloses the non-transitory storage medium storing the optical inspection program of Claim 14, the optical inspection program further causing the computer to execute detecting the peculiar area of the object ([0016] “optically detecting a defect on a sample”) by using the second peculiar light scattering image (Figure 2; [0059] “the objective lens 202 collects the scattered light and reflecting light generated from the region on the sample 101 irradiated with the light from the dark-field illumination optical system 201 or the bright-field illumination optical system 211. The collected light is imaged on the detector 207 by the lens systems 203, 204 and the imaging lens 206. The light imaged by the detector 207 is converted into the electric signal, which is output to the control system 125”). Regarding Claim 16, modified Otani discloses the optical inspection apparatus of claim 1, wherein the controller is configured to project the first modulation pattern lights at time intervals or with passing of time ([0070] “sequential slight shifting to change the optical path length so that the illumination intensity pattern on the sample 101 is shifted in the one dimensional direction (X-direction)”, wherein “sequential slight shifting” is interpreted as taking place at time intervals or with passing of time). Regarding Claim 17, modified Otani discloses the optical inspection method of claim 8, wherein the projecting the first modulation pattern lights includes projecting at time intervals or with passing of time ([0070] “sequential slight shifting to change the optical path length so that the illumination intensity pattern on the sample 101 is shifted in the one dimensional direction (X-direction)”, wherein “sequential slight shifting” is interpreted as taking place at time intervals or with passing of time). Regarding Claim 18, modified Otani discloses the non-transitory storage medium storing the optical inspection program of Claim 12, wherein the projecting the first modulation pattern lights includes projecting at time intervals or with passing of time ([0070] “sequential slight shifting to change the optical path length so that the illumination intensity pattern on the sample 101 is shifted in the one dimensional direction (X-direction)”, wherein “sequential slight shifting” is interpreted as taking place at time intervals or with passing of time). Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Otani et al. (US 2017/0108444 A1) and de Bonfim Gripp et al. (US 2019/0287237 A1) as applied to claim 1 above, and further in view of Chism (US 2023/0084219 A1). Regarding Claim 5, modified Otani discloses the optical inspection apparatus of Claim 1, and the peculiar scattering extraction process of the controller (see claim 1 rejection), but does not specifically teach that the peculiar scattering extraction process of the controller is a process of computing a modulation amplitude at each of pixel points. However, Chism, in the same field of sample characterization, teaches that the peculiar scattering extraction process (Figure 2; [0022] “Scattered light from the pump beam and/or any photo-luminescence signal is spectrally filtered … and the reflected probe beam is transmitted to the spectrometer 105”) of the controller (Figure 2: element 107 is a computer; [0018]) is a process of computing a modulation amplitude at each of pixel points (Figure 2; [0022] “Each pixel of the lock-in camera 106 produces an electrical signal corresponding to the reflected probe light intensity”). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the optical inspection apparatus of Otani with the teachings of Chism, wherein the peculiar scattering extraction process of the controller is a process of computing a modulation amplitude at each of pixel points, because “the systems and methods for photoreflectance spectroscopy using parallel demodulation disclosed herein enable the rapid evaluation of the material and/or electronic properties of semiconductor samples.” (Chism, para 23) Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US-2023/0175979-A1 discloses a defect inspection apparatus including a sample stage for supporting a sample, an illumination optical system for irradiating the sample placed on the sample stage with illumination light, a scanning device for driving the sample stage to change the relative positions between the sample and the illumination optical system, a plurality of detection optical systems for collecting illumination scattered light from a surface of the sample, a plurality of sensors for converting the illumination scattered light collected by the corresponding detection optical systems into electrical signals and outputting detection signals, and a signal processing device for processing the detection signals input from the plurality of sensors, wherein the signal processing device generates a first signal group including an integrated signal obtained by adding a plurality of detection signals in a predetermined combination based on a group of detection signals input from the plurality of sensors, generates a second signal group by performing the filtering processing on each signal that configures the first signal group, generates a third signal group including separated signals separated according to a predetermined rule from the signal corresponding to the integrated signal based on the second signal group, and detects or classifies defects based on the third signal group to store defect inspection data in a memory. US-2021/0333218-A1 discloses a metrology system configured to measure overlay errors on a sample. The metrology system measures overlay error on the sample in a first direction and/or a second direction simultaneously or sequentially. The metrology system comprises an illumination sub-system configured to illuminate a hatched overlay target on the sample with one or more illumination lobes. The metrology system further comprises an objective lens and a detector at an image plane configured to image the hatched overlay target. A controller is configured to direct illumination source to generate the illumination lobes, receive images of the hatched overlay target, and calculate the overlay errors between a first layer of the sample and a second layer of the sample. US-2005/0206886-A1 discloses an optical system for detecting anomalies of a sample, comprising a source supplying a radiation beam; a switch that causes the radiation beam from the source to be transmitted towards the sample surface alternately along a first path and a second path; a detector and means for receiving scattered radiation from the sample surface and originating from the beam along the first and second paths and for focusing the scattered radiation to said detector. Contact Information Any inquiry concerning this communication or earlier communications from the examiner should be directed to Akbar H Rizvi whose telephone number is (571) 272-5085. The examiner can normally be reached Monday - Friday, 9:30 am - 6:30 pm. 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, Tarifur R Chowdhury can be reached at (571) 272-2287. 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. /AKBAR H. RIZVI/ Examiner, Art Unit 2877 /TARIFUR R CHOWDHURY/Supervisory Patent Examiner, Art Unit 2877
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Prosecution Timeline

Jul 16, 2024
Application Filed
Dec 19, 2025
Non-Final Rejection mailed — §103
Mar 17, 2026
Response Filed
Apr 08, 2026
Final Rejection mailed — §103
Jul 08, 2026
Request for Continued Examination
Jul 13, 2026
Response after Non-Final Action
Jul 31, 2026
Non-Final Rejection mailed — §103 (current)

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