Prosecution Insights
Last updated: October 26, 2026
Application No. 18/953,671

MEASURING METHOD, MEASURING APPARATUS, AND WORKPIECE PROCESSING METHOD

Non-Final OA §103
Filed
Nov 20, 2024
Priority
Dec 18, 2023 — JP 2023-213368
Examiner
DONG, LIANG
Art Unit
3724
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
DISCO Corporation
OA Round
1 (Non-Final)
53%
Grant Probability
Moderate
1-2
OA Rounds
1y 0m
Est. Remaining
86%
With Interview

Examiner Intelligence

Grants 53% of resolved cases
53%
Career Allowance Rate
269 granted / 506 resolved
-16.8% vs TC avg
Strong +33% interview lift
Without
With
+32.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
62 currently pending
Career history
587
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
51.8%
+11.8% vs TC avg
§102
19.3%
-20.7% vs TC avg
§112
27.3%
-12.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 506 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 . Election/Restrictions Applicant’s election without traverse of group I, claims 1-7 in the reply filed on 11/20/2024 is acknowledged. Claims 8-12 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected group II, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11/20/2024. Priority Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in Application No. 18953671, filed on 11/20/2024. Information Disclosure Statement The information disclosure statement (IDS) submitted on 11/20/2024 was filed after the filing date of the application on 11/20/2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner. 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. Claims 1-7 are rejected under 35 U.S.C. 103 as being unpatentable over Okamura (US 20220184768 A1) in view of Komatsu (US 20160297091 A1). Regarding claim 1, Okamura teaches a cutting method for a height of an upper surface of a stepped portion provided to an outer circumference on a top surface side of a target object, the cutting method comprising: a holding step of holding an undersurface side of the measurement target object by a holding table such that the stepped portion is exposed upward (paragraph 0038 and see Figure 2A). Okamura fails to teach a measuring step of measuring the height of the upper surface of the stepped portion by a measuring unit configured to measure the height of the upper surface of the stepped portion of the measurement target object held by the holding table, wherein a width of a measurement region on the upper surface of the stepped portion to be measured by the measuring unit in one time of measurement is smaller than a width of the stepped portion, and, in the measuring step, the height of the upper surface of the stepped portion is measured at a plurality of measurement positions having different distances from the outer circumference of the measurement target object. Komatsu teaches a method of measuring a height/width of the wafer as a cutting device is cutting. It would have been obvious one of ordinary skill in the art to modify the method of Okamura to add a measuring step, as taught by Kmoatsu, in order to get the desired correct size as wafer needs to be cut (abstract of Komatsu). The resulting method of modified Okamura teaches a measuring step of measuring the height of the upper surface of the stepped portion by a measuring unit configured to measure the height of the upper surface of the stepped portion of the measurement target object held by the holding table, wherein a width of a measurement region on the upper surface of the stepped portion to be measured by the measuring unit in one time of measurement is smaller than a width of the stepped portion, and, in the measuring step, the height of the upper surface of the stepped portion is measured at a plurality of measurement positions having different distances from the outer circumference of the measurement target object (as modified by Komatsu, paragraph 0013, 0015, 0027, 0036-0037 and 0047, see Figures 4-6 of Komatsu). Regarding claim 2, modified Okamura further teaches in the measuring step, the holding table and the measuring unit are moved relative to each other such that the holding table and the measuring unit are moved along the outer circumference of the measurement target object while oscillating the holding table and the measuring unit relative to each other in a direction from a center of the measurement target object to the outer circumference and in a direction from the outer circumference to the center, and the height of the upper surface of the stepped portion is measured at the plurality of measurement positions (as modified by Komatsu, paragraph 0013, 0015, 0027, 0036-0037 and 0047, see Figures 4-6 of Komatsu). Regarding claim 3, modified Okamura further teaches the measuring step includes a first circumferential direction measuring step of measuring the height of the upper surface of the stepped portion at the plurality of measurement positions while moving the holding table and the measuring unit relative to each other such that the holding table and the measuring unit are moved along the outer circumference of the measurement target object, a moving step of, after the first circumferential direction measuring step, moving the holding table and the measuring unit relative to each other in a direction from a center of the measurement target object to the outer circumference or in a direction from the outer circumference to the center, and a second circumferential direction measuring step of, after the moving step, measuring the height of the upper surface of the stepped portion at the plurality of measurement positions while moving the holding table and the measuring unit relative to each other such that the holding table and the measuring unit are moved along the outer circumference of the measurement target object (as modified by Komatsu, paragraph 0013, 0015, 0027, 0036-0037 and 0047, see Figures 4-6 of Komatsu). Regarding claim 4, modified Okamura further teaches the measurement target object is an integral object obtained by laminating one surface of a disk-shaped wafer and a supporting surface of a supporting substrate to each other by a laminating member, and in the measuring step, the height of the upper surface of the stepped portion formed on another surface side of the wafer, which is the top surface side of the measurement target object, is measured (as modified by Komatsu, paragraph 0013, 0015, 0027, 0036-0037 and 0047, see Figures 4-6 of Komatsu). Regarding claim 5, modified Okamura further teaches the stepped portion is formed by making a rotating cutting blade cut the outer circumference of the measurement target object (as modified by Komatsu, paragraph 0013, 0015, 0027, 0036-0037 and 0047, see Figures 4-6 of Komatsu). Regarding claim 6, Okamura teaches a processing method for processing a workpiece, the processing method comprising: a holding step of holding an undersurface side of the workpiece by a holding table such that a top surface side of the workpiece is exposed upward (see Figure 2); a first cutting step of forming a stepped portion in the workpiece by cutting an outer circumference of the workpiece held by the holding table, with use of a first cutting blade fitted to a distal end of a rotatable spindle; and Okamura fails to teach a measuring step of, after the first cutting step, measuring a height of an upper surface of the stepped portion by a measuring unit configured to measure the height of the upper surface of the stepped portion of the workpiece, wherein a width of a measurement region on the upper surface of the stepped portion to be measured by the measuring unit in one time of measurement is smaller than a width of the stepped portion, and, in the measuring step, information regarding the height of the upper surface of the stepped portion is obtained by measuring the height of the upper surface of the stepped portion at a plurality of measurement positions having different distances from the outer circumference of the workpiece. Komatsu teaches a method of measuring a height/width of the wafer as a cutting device is cutting. It would have been obvious one of ordinary skill in the art to modify the method of Okamura to add a measuring step, as taught by Kmoatsu, in order to get the desired correct size as wafer needs to be cut (abstract of Komatsu). The resulting method of modified Okamura teaches a measuring step of, after the first cutting step, measuring a height of an upper surface of the stepped portion by a measuring unit configured to measure the height of the upper surface of the stepped portion of the workpiece, wherein a width of a measurement region on the upper surface of the stepped portion to be measured by the measuring unit in one time of measurement is smaller than a width of the stepped portion, and, in the measuring step, information regarding the height of the upper surface of the stepped portion is obtained by measuring the height of the upper surface of the stepped portion at a plurality of measurement positions having different distances from the outer circumference of the workpiece (as modified by Komatsu, paragraph 0013, 0015, 0027, 0036-0037 and 0047, see Figures 4-6 of Komatsu). Regarding claim 7, modified Okamura further teaches a second cutting step of, after the measuring step, further cutting the stepped portion of the workpiece by the first cutting blade or a second cutting blade including abrasive grains having a diameter smaller than a diameter of abrasive grains included in the first cutting blade, wherein in the second cutting step, an amount of cutting of the first cutting blade or the second cutting blade is determined based on the information obtained in the measuring step (as modified by Komatsu, paragraph 0013, 0015, 0027, 0036-0037 and 0047, see Figures 4-6 of Komatsu, see Figure 5A-5B of Okamura). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to LIANG DONG whose telephone number is (571)270-0479. The examiner can normally be reached Monday - Thursday 8 AM-6 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, Ashley Boyer can be reached at 571-272-4502. 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. /LIANG DONG/Examiner, Art Unit 3724 9/29/2026
Read full office action

Prosecution Timeline

Nov 20, 2024
Application Filed
Oct 02, 2026
Non-Final Rejection mailed — §103 (current)

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

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Prosecution Projections

1-2
Expected OA Rounds
53%
Grant Probability
86%
With Interview (+32.7%)
2y 11m (~1y 0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 506 resolved cases by this examiner. Grant probability derived from career allowance rate.

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