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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 25 November 2025 has been entered.
The Examiner acknowledges the amendments to claims 1, 3-5, 7, 16, and 19, the cancellation of claims 8-15, and the addition of new claims 22-28. Claims 1-7 and 16-28 are pending.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: “610” in ¶0047; “710” in ¶0050.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: “100” in Fig. 1; “200” in Fig. 2; “660” in Fig. 6 [wherein the Examiner notes that based on ¶0047, the use of “660” appears to be a typo and should read “610”]; “770” in Fig. 7 [wherein the Examiner notes that based on ¶0050, the use of “770” appears to be a typo and should read “710”].
Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Interpretation
Examiner Notes: currently, NO limitation invokes interpretation under § 112(f).
Claim Rejections - 35 USC § 101
Examiner’s Note Regarding § 101 Analysis: The Examiner notes that claim(s) 1, 16, and 28 recite a judicial exception [“using the detected light to determine physiological data” (line 15 in claim 1); “to determine physiological data” (lines 18-19 in claim 16); “to support determination of physiological data” (line 3 in claim 28, wherein the Examiner notes that in longhand format, claim 28 is considered to incorporate the subject matter of claim 22 therein)] at Step 2A Prong 1, which is considered to be an abstract idea that may be performed in the mind or by hand with the assistance of pen-and-paper by merely observing known or previously collected data and drawing conclusions therefrom. However, the Examiner further notes that claim(s) 1, 16, and 28 recites limitations directed towards a semiconductor material comprising silicon comprising a trench formed therein, wherein a remaining silicon thickness between a floor of the trench and a photodiode substantially blocks visible light while transmitting light in a near-IR range to the photodiode, which is considered to be an additional element that is considered to integrate the judicial exception into a practical application at Step 2A Prong 2 and allow the invention to amount to significantly more than the judicial exception at Step 2B.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-5, 7, 16-19, 22-24, and 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Guenter (US-20060071229-A1, previously presented) in view of Rhodes (US-20110278436-A1, previously applied) and Barrett (US-20120120384-A1, previously presented).
Regarding claim 1, Guenter teaches
A method for determining physiological data using an optical diagnostic sensor, the method comprising:
receiving at a semiconductor material comprising silicon [semiconductor substrate 302 (Guenter Fig. 3B); if the substrate 202 is a Gallium Arsenide (GaAs) material, the substrate may be doped with silicon to produce an n-type substrate 202 (Guenter ¶0031); a semiconductor substrate 302 in a manner similar to that shown in FIG. 2 (Guenter ¶0035)] and located between a photodiode formed in a front side of the silicon and a trench formed in a backside of the silicon, light of a first wavelength and light of a second wavelength [a trench 304 formed on a semiconductor substrate 302 in a manner similar to that shown in FIG. 2. In this example, however, the semiconductor substrate 302 is an n-type substrate and a p-type implant 314 is formed from the underside of the semiconductor substrate 302 to form the back monitor photodiode 312 (Guenter ¶0035, Fig. 3B), wherein any light received may be considered to read on light of a first wavelength and light of a second wavelength],
wherein the trench is etched from the backside to a depth that leaves a remaining silicon thickness between a floor of the trench and the photodiode [A sloped wall trench formed in the semiconductor substrate using an etching process (Guenter ¶0023), wherein as depicted in Guenter Fig. 3, the trench is etched into the semiconductor material such that there is a thickness of silicon between a floor of the trench and the photodiode];
detecting at the photodiode, light having one or more wavelengths comprising the first wavelength and the second wavelength received through the remining silicone thickness [The sloped walls of the trench may be formed so as to increase the amount of power reflected from the optical source that is reflected onto the back monitor photodiode (Guenter ¶0024)]; and
using the detected light to determine data [A back monitor photodiode measures optical power transmitted in a path in which the back monitor photodiode lies (e.g. the output of a laser diode or LED) (Guenter ¶0009)].
However, Guenter fails to explicitly disclose wherein the remaining silicon thickness substantially blocks visible light while transmitting light in the near-infrared range to the photodiode.
Rhodes teaches a semiconductor-based image sensor [Rhodes abstract], wherein Rhodes discloses that the image sensor comprises a semiconductor material [a semiconductor layer (i.e., P-type substrate 205) (Rhodes Figure 2)] having a thickness to block a range of short wavelengths of light and permit a range of longer wavelengths of light to pass through [The remaining substrate thickness is chosen such that blue and green light does not generally penetrate as deeply as do longer wavelengths of light within the substrate. Remaining substrate thickness 213 can thus be chosen so that the thickness of the substrate absorbs a majority of photons having shorter wavelengths (e.g., more than half of the photons having wavelengths shorter than red wavelengths are absorbed), while a larger proportion of photons having longer wavelengths are not absorbed. As mentioned above, remaining substrate thickness 213 can also be chosen such that metal layer 222 is used to primarily reflect red (and longer) wavelengths of light (e.g., more than 50% of the photons reflected by the metal layer 222 have red or longer wavelengths of light) (Rhodes ¶0023); furthermore, it is noted that ¶0023 of Rhodes identifies that the thickness of the semiconductor material is a result effective variable in that changing the thickness of the semiconductor material changes the effectiveness of blocking shorter wavelengths of light, which affects the minimum length of wavelength of light that may pass through].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Guenter to employ wherein the remaining silicon thickness substantially blocks a range of short wavelengths of light while transmitting a range of long wavelengths of light to the photodiode as a matter of routine optimization since it has been held that “where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation" [In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955)], and so as to only receive relevant wavelengths of light and increase sensitivity to said relevant wavelengths of light [Thus, the sensitivity of the pixel for red (and longer) wavelengths of light can be improved by providing metal layer 222, which reflects the typically longer wavelengths back towards the front surface 207, where additional electron hole pairs can be generated (and n-region 210 can capture the liberated electrons). The effective depth (e.g., distance of the top surface of metal layer 222 to front surface 207) can be selected such that a majority of the light reflected by metal layer 222 is a red wavelength (or longer) (Rhodes ¶0023)].
However, Guenter in view of Rhodes fails to explicitly disclose wherein both the first wavelength and the second wavelength are in a near-infrared range, such that the remaining silicon thickness substantially blocks visible light while transmitting light in the near-infrared range to the photodiode, and wherein the determined data is physiological data.
Rhodes discloses a semiconductor material configured to block visible lights and permit infrared lights to pass through [As mentioned above, implant depth 211 may also be selected so as to increase quantum efficiency, to increase sensitivity to red and near-IR wavelengths (Rhodes ¶0021)].
Furthermore, Barrett discloses systems for spectroscopic sensors, wherein Barrett discloses known relevant ranges of wavelengths of light for monitoring oxygen saturation being in a near-infrared range [Multiple wavelengths of visible and infrared light are directed through the blood chamber and the patient's blood flowing therethrough, and the resulting intensity of each wavelength are detected. The preferred wavelengths to monitor hematocrit are: a) about 810 nm (e.g. 829 nm), which is substantially isobestic for red blood cells, and b) about 1300 nm, which is substantially isobestic for water. The preferred wavelengths to monitor oxygen saturation are: a) about 660 nm, and b) about 810 (e.g., 829 nm). The system includes a sensor clip assembly having an LED emitter for each wavelength (e.g. 660 nm, 810 nm, and 1300 nm) and also a silicon photodetector to detect the intensity of the 660 nm and 810 nm light (Barrett ¶0004), wherein the disclosed wavelengths for monitoring hematocrit and oxygen saturation are considered to greater than at least 620-650 nm, and wherein Barrett discloses monitoring wavelengths of 810 nm and 1300 nm, which can be considered to be included in an infrared spectrum].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Guenter in view of Rhodes to employ wherein both the first wavelength and the second wavelength are in a near-infrared range, such that the remaining silicon thickness substantially blocks visible light while transmitting light in the near-infrared range to the photodiode, and wherein the determined data is physiological data, as this modification is considered to be applying a known technique [blocking certain wavelengths of light and permitting other wavelengths of light using a semiconductor material (Rhodes ¶0023); known range of wavelengths for monitoring oxygen saturation as taught by Barrett (Barrett ¶0004)] to a known method ready for improvement to yield predictable results [MPEP § 2143(I)(D)].
Regarding claim 2, Guenter in view of Rhodes and Barrett teaches
The method according to claim 1, wherein both the first wavelength and the second wavelength are in a near-infrared (near-IR) range from 700 nm to 1000 nm inclusive [Barrett ¶0004].
Regarding claim 3, Guenter in view of Rhodes and Barrett teaches
The method according to claim 1, wherein the light of the first wavelength and the light of the second wavelength are associated with an isosbestic point [Barrett ¶0004].
Regarding claim 4, Guenter in view of Rhodes and Barrett teaches
The method according to claim 1, wherein the semiconductor material is located between the photodiode and the trench, and the trench comprises sidewalls that are sloped to increase photon collection [The example shown in FIG. 3 also includes sloped walls 306 to maximize reflection onto the back monitor photodiode 312 (Guenter ¶0035, Fig. 3B)].
Regarding claim 5, Guenter in view of Rhodes and Barrett teaches
The method according to claim 1, wherein the trench is coated with reflective material and comprises a region that serves as a waveguide [As in FIG. 2, a glass lens 318 may be attached to the substrate 302 to focus light and/or provide a hermetic seal for the trench 304 (Guenter ¶0035, Fig. 3B), wherein the glass lens being positioned above the trench as depicted in Figure 3 is considered to coat at least a portion of the trench].
Regarding claim 7, Guenter in view of Rhodes and Barrett teaches
The method according to claim 1, wherein the semiconductor material comprises silicon [Guenter ¶¶0031, 0035].
However, Guenter fails to explicitly disclose the silicon having a thickness in a range of 30-80 μm; or wherein an oxide material serves as an etch stop layer.
Rhodes discloses that the thickness of the semiconductor substrate material is a result effective variable [The remaining substrate thickness is chosen such that blue and green light does not generally penetrate as deeply as do longer wavelengths of light within the substrate. Remaining substrate thickness 213 can thus be chosen so that the thickness of the substrate absorbs a majority of photons having shorter wavelengths (e.g., more than half of the photons having wavelengths shorter than red wavelengths are absorbed), while a larger proportion of photons having longer wavelengths are not absorbed. As mentioned above, remaining substrate thickness 213 can also be chosen such that metal layer 222 is used to primarily reflect red (and longer) wavelengths of light (e.g., more than 50% of the photons reflected by the metal layer 222 have red or longer wavelengths of light) (Rhodes ¶0023); furthermore, it is noted that ¶0023 of Rhodes identifies that the thickness of the semiconductor material is a result effective variable in that changing the thickness of the semiconductor material changes the effectiveness of blocking shorter wavelengths of light, which affects the minimum length of wavelength of light that may pass through].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Guenter in view of Rhodes and Barrett to employ the oxide material or substrate material having a thickness in a range of 30 µm to 80 µm inclusive, as a matter of routine optimization since it has been held that “where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation" [In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955)].
Regarding claim 16, Guenter teaches
An optical biometric sensor system for determining physiological data, the system comprising:
light sources configured to generate light of a first wavelength and light of a second wavelength [A back monitor photodiode measures optical power transmitted in a path in which the back monitor photodiode lies (e.g. the output of a laser diode or LED) (Guenter ¶0009); Optical sources, such as lasers and LEDs, are disposed in the trenches (Guenter ¶0015); a trench 304 formed on a semiconductor substrate 302 in a manner similar to that shown in FIG. 2. In this example, however, the semiconductor substrate 302 is an n-type substrate and a p-type implant 314 is formed from the underside of the semiconductor substrate 302 to form the back monitor photodiode 312 (Guenter ¶0035, Fig. 3B), wherein any light received may be considered to read on light of a first wavelength and light of a second wavelength];
a silicon substrate [semiconductor substrate 302 (Guenter Fig. 3B); if the substrate 202 is a Gallium Arsenide (GaAs) material, the substrate may be doped with silicon to produce an n-type substrate 202 (Guenter ¶0031); a semiconductor substrate 302 in a manner similar to that shown in FIG. 2 (Guenter ¶0035)] having a front side and a backside [Guenter ¶0035, Fig. 3B];
a photodiode [photodiode 312 (Guenter ¶0035)] formed in the front side and configured to detect light having the first wavelength and light having the second wavelength [Guenter ¶0035, Fig. 3B];
a trench [trench 304 (Guenter Figure 3B)] formed in the backside and aligned with the photodiode, the trench having a floor [Guenter ¶0035, Fig. 3B];
a remaining silicon thickness between the photodiode and the trench [Guenter Fig. 3B].
However, while Guenter discloses an electronic system to determine data from the photodiode [A back monitor photodiode measures optical power transmitted in a path in which the back monitor photodiode lies (e.g. the output of a laser diode or LED) (Guenter ¶0009)], Guenter fails to explicitly disclose a power source configured to energize the sensor system; and a microcontroller coupled to the light sources and the photodiode, wherein the microcontroller is configured to digitize a signal from the photodiode to determine data. Guenter further fails to explicitly disclose that the remaining silicon thickness is configured to substantially block visible light while transmitting light in a near-infrared range to the photodiode.
Rhodes teaches a semiconductor-based image sensor, wherein Rhodes discloses a microcontroller [readout circuitry 110, function logic 115, and control circuitry 120 (Rhodes ¶0012)] coupled to the light sources, wherein the microcontroller is configured to digitize a signal from the photodiode [After each pixel has acquired its image data or image charge, the image data is readout by readout circuitry 110 and transferred to function logic 115. Readout circuitry 110 may include amplification circuitry, analog-to-digital conversion circuitry, or otherwise (Rhodes ¶0014)]; and while Rhodes does not explicitly disclose a power source configured to energize the sensor system, it is understood that the circuitry of Rhodes would require a power source. Furthermore, Rhodes discloses that the image sensor comprises a semiconductor material [a semiconductor layer (i.e., P-type substrate 205) (Rhodes Figure 2)] having a thickness to block a range of short wavelengths of light and permit a range of longer wavelengths of light to pass through [The remaining substrate thickness is chosen such that blue and green light does not generally penetrate as deeply as do longer wavelengths of light within the substrate. Remaining substrate thickness 213 can thus be chosen so that the thickness of the substrate absorbs a majority of photons having shorter wavelengths (e.g., more than half of the photons having wavelengths shorter than red wavelengths are absorbed), while a larger proportion of photons having longer wavelengths are not absorbed. As mentioned above, remaining substrate thickness 213 can also be chosen such that metal layer 222 is used to primarily reflect red (and longer) wavelengths of light (e.g., more than 50% of the photons reflected by the metal layer 222 have red or longer wavelengths of light) (Rhodes ¶0023); furthermore, it is noted that ¶0023 of Rhodes identifies that the thickness of the semiconductor material is a result effective variable in that changing the thickness of the semiconductor material changes the effectiveness of blocking shorter wavelengths of light, which affects the minimum length of wavelength of light that may pass through].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the sensor system of Guenter to employ a power source configured to energize the sensor system; and a microcontroller coupled to the light sources and the photodiode, wherein the microcontroller is configured to digitize a signal from the photodiode to determine data, so as to allow for control of the one or more light sources, as well as allow for the signal from the photodiode to be determined in order to read the collected data [Function logic 115 may simply store the image data or even manipulate the image data by applying post image effects (e.g., crop, rotate, remove red eye, adjust brightness, adjust contrast, or otherwise). In one embodiment, readout circuitry 110 may readout a row of image data at a time along readout column lines (illustrated) or may readout the image data using a variety of other techniques (not illustrated), such as a serial readout or a full parallel readout of all pixels simultaneously (Rhodes ¶0014)]. It also would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the sensor system of Guenter to configure the semiconductor material to substantially block a range of short wavelengths of light while transmitting a range of longer wavelengths of light to the photodiode, as a matter of routine optimization since it has been held that “where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation" [In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955)], and so as to only receive relevant wavelengths of light and increase sensitivity to said relevant wavelengths of light [Thus, the sensitivity of the pixel for red (and longer) wavelengths of light can be improved by providing metal layer 222, which reflects the typically longer wavelengths back towards the front surface 207, where additional electron hole pairs can be generated (and n-region 210 can capture the liberated electrons). The effective depth (e.g., distance of the top surface of metal layer 222 to front surface 207) can be selected such that a majority of the light reflected by metal layer 222 is a red wavelength (or longer) (Rhodes ¶0023)].
However, Guenter in view of Rhodes fails to explicitly disclose wherein the generated light are in are in a near infrared range; wherein the remaining silicon thickness is configured to substantially block visible light while transmitting light in a near-infrared range to the photodiode; and wherein the microcontroller is configured to determine physiological data from the photodiode signal.
Rhodes discloses a semiconductor material configured to block visible lights and permit infrared lights to pass through [As mentioned above, implant depth 211 may also be selected so as to increase quantum efficiency, to increase sensitivity to red and near-IR wavelengths (Rhodes ¶0021)].
Furthermore, Barrett discloses systems for spectroscopic sensors, wherein Barrett discloses known relevant ranges of wavelengths of light for monitoring oxygen saturation being in a near-infrared range [Multiple wavelengths of visible and infrared light are directed through the blood chamber and the patient's blood flowing therethrough, and the resulting intensity of each wavelength are detected. The preferred wavelengths to monitor hematocrit are: a) about 810 nm (e.g. 829 nm), which is substantially isobestic for red blood cells, and b) about 1300 nm, which is substantially isobestic for water. The preferred wavelengths to monitor oxygen saturation are: a) about 660 nm, and b) about 810 (e.g., 829 nm). The system includes a sensor clip assembly having an LED emitter for each wavelength (e.g. 660 nm, 810 nm, and 1300 nm) and also a silicon photodetector to detect the intensity of the 660 nm and 810 nm light (Barrett ¶0004), wherein the disclosed wavelengths for monitoring hematocrit and oxygen saturation are considered to greater than at least 620-650 nm, and wherein Barrett discloses monitoring wavelengths of 810 nm and 1300 nm, which can be considered to be included in an infrared spectrum].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the sensor system of Guenter in view of Rhodes to employ wherein the generated light are in are in a near infrared range; wherein the remaining silicon thickness is configured to substantially block visible light while transmitting light in a near-infrared range to the photodiode; and wherein the microcontroller is configured to determine physiological data from the photodiode signal, as this modification is considered to be applying a known technique [blocking certain wavelengths of light and permitting other wavelengths of light using a semiconductor material (Rhodes ¶0023); known range of wavelengths for monitoring oxygen saturation as taught by Barrett (Barrett ¶0004)] to a known method ready for improvement to yield predictable results [MPEP § 2143(I)(D)].
Regarding claim 17, Guenter in view of Rhodes and Barrett teaches
The optical biometric sensor system according to claim 16, wherein the first wavelength and the second wavelength are associated with an isosbestic point that is located at a wavelength greater than a near-infrared (near-IR) wavelength [Barrett ¶0004].
Regarding claim 18, Guenter in view of Rhodes and Barrett teaches
The optical biometric sensor system according to claim 16, further comprising an aperture [wherein the top of the trench 304 may define an aperture (Guenter Fig. 3B)] and a lens that increases an amount of the light detected at the photodiode, the lens being integrated with the aperture [a glass lens 318 may be attached to the substrate 302 to focus light and/or provide a hermetic seal for the trench 304 (Guenter ¶0035, Fig. 3B), wherein the top of the trench 304, as depicted in Figure 3 of Guenter, is considered to form an aperture that the lens is integrated with].
Regarding claim 19, Guenter in view of Rhodes and Barrett teaches
The optical biometric sensor system according to claim 16, wherein the trench is coated with reflective material [glass lens 318 (Guenter Figure 3B)], the trench comprising a region that serves as a waveguide [As in FIG. 2, a glass lens 318 may be attached to the substrate 302 to focus light and/or provide a hermetic seal for the trench 304 (Guenter ¶0035, Fig. 3B); wherein the glass lens being positioned above the trench as depicted in Figure 3 is considered to coat at least a portion of the trench].
Regarding claim 22, Guenter teaches
A biometric sensor comprising:
a silicon substrate having a front side and a backside [semiconductor substrate 302 (Guenter Fig. 3B); if the substrate 202 is a Gallium Arsenide (GaAs) material, the substrate may be doped with silicon to produce an n-type substrate 202 (Guenter ¶0031); a semiconductor substrate 302 in a manner similar to that shown in FIG. 2 (Guenter ¶0035)];
a photodiode formed at the front side of the silicon substrate [a trench 304 formed on a semiconductor substrate 302 in a manner similar to that shown in FIG. 2. In this example, however, the semiconductor substrate 302 is an n-type substrate and a p-type implant 314 is formed from the underside of the semiconductor substrate 302 to form the back monitor photodiode 312 (Guenter ¶0035, Fig. 3B)];
a trench formed from the backside of the silicon substrate and aligned with the photodiode, the trench having a floor [Guenter ¶0035, Fig. 3B]; and
a remaining silicon thickness between the floor of the trench and the photodiode [Guenter Fig. 3B],
wherein the biometric sensor is configured to receive light of a first wavelength and light of a second wavelength, through the remaining silicon thickness to the photodiode [Guenter ¶0035, Fig. 3B, wherein any light received may be considered to read on light of a first wavelength and light of a second wavelength].
However, Rhodes fails to explicitly disclose the remaining silicon thickness being configured to substantially block visible light while transmitting near-infrared light.
Rhodes teaches a semiconductor-based image sensor, wherein Rhodes discloses a microcontroller [readout circuitry 110, function logic 115, and control circuitry 120 (Rhodes ¶0012)] coupled to the light sources, wherein the microcontroller is configured to digitize a signal from the photodiode [After each pixel has acquired its image data or image charge, the image data is readout by readout circuitry 110 and transferred to function logic 115. Readout circuitry 110 may include amplification circuitry, analog-to-digital conversion circuitry, or otherwise (Rhodes ¶0014)]; and while Rhodes does not explicitly disclose a power source configured to energize the sensor system, it is understood that the circuitry of Rhodes would require a power source. Furthermore, Rhodes discloses that the image sensor comprises a semiconductor material [a semiconductor layer (i.e., P-type substrate 205) (Rhodes Figure 2)] having a thickness to block a range of short wavelengths of light and permit a range of longer wavelengths of light to pass through [The remaining substrate thickness is chosen such that blue and green light does not generally penetrate as deeply as do longer wavelengths of light within the substrate. Remaining substrate thickness 213 can thus be chosen so that the thickness of the substrate absorbs a majority of photons having shorter wavelengths (e.g., more than half of the photons having wavelengths shorter than red wavelengths are absorbed), while a larger proportion of photons having longer wavelengths are not absorbed. As mentioned above, remaining substrate thickness 213 can also be chosen such that metal layer 222 is used to primarily reflect red (and longer) wavelengths of light (e.g., more than 50% of the photons reflected by the metal layer 222 have red or longer wavelengths of light) (Rhodes ¶0023); furthermore, it is noted that ¶0023 of Rhodes identifies that the thickness of the semiconductor material is a result effective variable in that changing the thickness of the semiconductor material changes the effectiveness of blocking shorter wavelengths of light, which affects the minimum length of wavelength of light that may pass through].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the sensor system of Guenter to configure the semiconductor material to substantially block a range of short wavelengths of light while transmitting a range of longer wavelengths of light to the photodiode, as a matter of routine optimization since it has been held that “where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation" [In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955)], and so as to only receive relevant wavelengths of light and increase sensitivity to said relevant wavelengths of light [Thus, the sensitivity of the pixel for red (and longer) wavelengths of light can be improved by providing metal layer 222, which reflects the typically longer wavelengths back towards the front surface 207, where additional electron hole pairs can be generated (and n-region 210 can capture the liberated electrons). The effective depth (e.g., distance of the top surface of metal layer 222 to front surface 207) can be selected such that a majority of the light reflected by metal layer 222 is a red wavelength (or longer) (Rhodes ¶0023)].
However, Guenter in view of Rhodes fails to explicitly disclose both the first wavelength and the second wavelength being in a near-infrared range from 700 nm to 1000 nm inclusive; wherein the remaining silicon thickness is configured to substantially block visible light while transmitting light in a near-infrared range to the photodiode.
Rhodes discloses a semiconductor material configured to block visible lights and permit infrared lights to pass through [As mentioned above, implant depth 211 may also be selected so as to increase quantum efficiency, to increase sensitivity to red and near-IR wavelengths (Rhodes ¶0021)].
Furthermore, Barrett discloses systems for spectroscopic sensors, wherein Barrett discloses known relevant ranges of wavelengths of light for monitoring oxygen saturation being in a near-infrared range [Multiple wavelengths of visible and infrared light are directed through the blood chamber and the patient's blood flowing therethrough, and the resulting intensity of each wavelength are detected. The preferred wavelengths to monitor hematocrit are: a) about 810 nm (e.g. 829 nm), which is substantially isobestic for red blood cells, and b) about 1300 nm, which is substantially isobestic for water. The preferred wavelengths to monitor oxygen saturation are: a) about 660 nm, and b) about 810 (e.g., 829 nm). The system includes a sensor clip assembly having an LED emitter for each wavelength (e.g. 660 nm, 810 nm, and 1300 nm) and also a silicon photodetector to detect the intensity of the 660 nm and 810 nm light (Barrett ¶0004), wherein the disclosed wavelengths for monitoring hematocrit and oxygen saturation are considered to greater than at least 620-650 nm, and wherein Barrett discloses monitoring wavelengths of 810 nm and 1300 nm, which can be considered to be included in an infrared spectrum].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the sensor system of Guenter in view of Rhodes to employ both the first wavelength and the second wavelength being in a near-infrared range from 700 nm to 1000 nm inclusive; wherein the remaining silicon thickness is configured to substantially block visible light while transmitting light in a near-infrared range to the photodiode, as this modification is considered to be applying a known technique [blocking certain wavelengths of light and permitting other wavelengths of light using a semiconductor material (Rhodes ¶0023); known range of wavelengths for monitoring oxygen saturation as taught by Barrett (Barrett ¶0004)] to a known method ready for improvement to yield predictable results [MPEP § 2143(I)(D)].
Regarding claim 23, Guenter in view of Rhodes and Barrett teaches
The biometric sensor of claim 22, wherein the light of the first wavelength and the light of the second wavelength are generated by light-emitting diodes [Guenter ¶¶0015, 0035].
However, Guenter in view of Rhodes and Barrett, as presently modified, fails to explicitly disclose wherein the sensor comprises no light source disposed in the trench or on the silicon substrate, and the light of the first wavelength and the light of the second wavelength are generated by light-emitting diodes external to the sensor.
Barrett discloses positioning a biometric sensor comprising a silicon photodetector separate from a light source configured to emit light to be detected by the photodetector [The LED emitter arm 144 contains preferably three LED emitters, one emitting infrared radiation at about 810 nm (e.g. 829 nm), another emitting infrared radiation at about 1300 nm and a third emitting red light at about 660 nm. The detector arm contains preferably two types of photodetectors: a silicon photodetector to detect the 660 and 810 nm wavelengths, and an indium gallium arsenide photodetector to detect the 1300 nm wavelength (Barrett ¶0044, Fig. 6)].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the sensor of Guenter in view of Rhodes and Barrett to employ wherein the sensor comprises no light source disposed in the trench or on the silicon substrate, and the light of the first wavelength and the light of the second wavelength are generated by light-emitting diodes external to the sensor, as this modification would amount to mere simple substitution of one known element [light source as positioned in Guenter] for another [light source as positioned in Barrett] with similar expected results [emitting light to be received by the photodiode] [MPEP § 2143(I)(B)].
Regarding claim 24, Guenter in view of Rhodes and Barrett teaches
The biometric sensor of claim 22, wherein sidewalls of the trench are sloped and comprise a reflective coating to increase photon collection toward the photodiode [A sheet of glass a sheet may be placed over the trenches 104. The sheet of glass may be epoxied to the substrate 102 so as to seal the trenches 104. The sheet of glass may be formed such that it forms lenses over each of the trenches 104 for focusing light emitted from optical sources in the trenches 104 (Guenter ¶0025); The example shown in FIG. 3 also includes sloped walls 306 to maximize reflection onto the back monitor photodiode 312 (Guenter ¶0035, Fig. 3B)].
Regarding claim 28, Guenter in view of Rhodes and Barrett teaches
The biometric sensor of claim 22, wherein the photodiode is configured to detect alternately the light of the first wavelength and the light of the second wavelength received through the remaining silicon thickness [see § 103 modification of claim 22 above; Guenter ¶0009].
However, Guenter in view of Rhodes and Barrett, as presently modified, fails to explicitly disclose wherein the detected light is used to support determination of physiological data.
Barrett discloses known relevant ranges of wavelengths of light for monitoring oxygen saturation being in a near-infrared range [Barrett ¶0004].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the sensor of Guenter in view of Rhodes and Barrett to employ wherein the detected light is used to support determination of physiological data, as the modified light of the first wavelength and the light of the second wavelength are considered to be indicative of oxygen saturation.
Claim(s) 6 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Guenter in view of Rhodes and Barrett, as applied to claims 1 and 19 above, in further view of Rossi (US-20150372185-A1, previously presented).
Regarding claim 6, Guenter in view of Rhodes and Barrett teaches
The method according to claim 1.
However, Guenter in view of Rhodes and Barrett fails to explicitly disclose wherein solder balls are disposed on a substrate outside of the region and adjacent to the photodiode.
Rossi discloses light sensing modules, wherein Rossi discloses that solder balls may be disposed on a region adjacent to a photodiode [As illustrated in FIG. 1, an optoelectronic module 10 includes a light sensing element 12 (e.g., a CMOS or CCD image sensor or a photodiode) that is mounted on a printed circuit board (PCB) or other substrate 14. Electrical wiring or conductive pads can connect the light sensing element 12 to wiring or conductive pads on the surface of the substrate 14. The exterior surface of the substrate 14 may include solder balls or other conductive pads that allow the module 10 to be mounted, for example, to a PCB in a host device (e.g., a smartphone) (Rossie ¶0026, Figure 1), wherein the solder balls being disposed between the substrate 14 and a host device, as disclosed by Rossi, is considered to read on the solder balls being disposed on a substrate outside of the region that serves as a waveguide].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Guenter in view of Rhodes and Barrett to employ solder balls disposed on a substrate outside of the region and adjacent to the photodiode, so as to allow the photodiode to be mounted to a PCB in a host device in order to receive signals from the photodiode at the host device or control the photodiode from the host device [Rossi ¶0026].
Regarding claim 20, Guenter in view of Rhodes and Barrett teaches
The optical biometric sensor system according to claim 19.
However, Guenter in view of Rhodes and Barrett fails to explicitly disclose further comprising solder balls disposed on a substrate outside of the region and adjacent to the photodiode.
Rossi discloses light sensing modules, wherein Rossi discloses that solder balls may be disposed on a region adjacent to a photodiode [As illustrated in FIG. 1, an optoelectronic module 10 includes a light sensing element 12 (e.g., a CMOS or CCD image sensor or a photodiode) that is mounted on a printed circuit board (PCB) or other substrate 14. Electrical wiring or conductive pads can connect the light sensing element 12 to wiring or conductive pads on the surface of the substrate 14. The exterior surface of the substrate 14 may include solder balls or other conductive pads that allow the module 10 to be mounted, for example, to a PCB in a host device (e.g., a smartphone) (Rossie ¶0026, Figure 1), wherein the solder balls being disposed between the substrate 14 and a host device, as disclosed by Rossi, is considered to read on the solder balls being disposed on a substrate outside of the region that serves as a waveguide].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the sensor system of Guenter in view of Rhodes and Barrett to employ comprising solder balls disposed on a substrate outside of the region and adjacent to the photodiode, so as to allow the photodiode to be mounted to a PCB in a host device in order to receive signals from the photodiode at the host device or control the photodiode from the host device [Rossi ¶0026].
Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Guenter in view of Rhodes and Barrett, as applied to claim 16 above, in further view of Parker (US-5553613-A, previously presented).
Regarding claim 21, Guenter in view of Rhodes and Barrett teaches
The optical biometric sensor system according to claim 16.
However, Guenter in view of Rhodes and Barrett fail to explicitly disclose wherein the light sources are further configured to project the generated light of the first wavelength and the light of the second wavelength into skin of a user and the microcontroller uses a ratio of the light having the first wavelength and light having the second wavelength or components thereof as detected by the photodiode to determine the physiological data.
Parker discloses systems for irradiating skin of a user and receiving the irradiating light at a detector, wherein Parker discloses using a ratio of two received light signals or components thereof to determine physiological data [The invention also provides a method for measuring the concentration of a specific analyte, particularly glucose, in arterial blood flowing in a patient's body part, for example, a finger, which comprises placing said body part against a device comprising a source of near infrared radiation and detection means comprising at least two filters and a detector, irradiating said body part with radiation from said source to obtain a near infrared absorption spectrum of the arterial blood, filtering out of said spectrum a first wavelength signal identifiable with the specific analyte and a second wavelength signal corresponding to a reference signal and using the detector to process said signals and provide a ratio representative of the concentration of the analyte (Parker Col 3, lines 5-17)].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the sensor system of Guenter in view of Rhodes and Barrett to employ wherein the light sources are further configured to project the generated light of the first wavelength and the light of the second wavelength into skin of a user and the microcontroller uses a ratio of the light having the first wavelength and light having the second wavelength or components thereof as detected by the photodiode to determine the physiological data, as this modification would amount to merely applying a known technique [transmitting infrared light into skin (Parker Col 3, lines 5-17); known ratios between different wavelengths of infrared light indicative of analyte concentration (Parker Col 3, lines 5-17)] to a known device ready for improvement to yield predictable results [MPEP § 2143(I)(D)].
Claim(s) 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Guenter in view of Rhodes and Barrett, as applied to claim 22 above, in further view of Uematsu (US-20110215432-A1, previously presented).
Regarding claim 25, Guenter in view of Rhodes and Barrett teaches
The biometric sensor of claim 22.
However, Guenter in view of Rhodes and Barrett fail to explicitly disclose further comprising an oxide passivation layer disposed on the trench.
Uematsu discloses a spectroscopic sensor, wherein Uematsu discloses an oxide passivation layer on a trench [On the angle limiting filters 41, 42, the insulating film 70 filling the opening parts (hollow parts) of the angle limiting filters 41, 42 is formed. For example, the insulating film 70 is formed by an insulating film of SiO.sub.2 (silicon oxide film) or the like (Uematsu ¶0070); As shown by S5, at steps of deposition of SiO.sub.2, and planarization by CMP, an insulating film is formed. At steps of polyimide application, and curing, a passivation layer is formed on the insulating layer (Uematsu ¶0109)].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the sensor of Guenter in view of Rhodes and Barrett to employ an oxide passivation layer disposed on the trench, so as to insulate the semiconductor.
Claim(s) 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Guenter in view of Rhodes and Barrett, as applied to claim 22 above, in further view of Fechner (US-9618635-B2).
Regarding claim 27, Guenter in view of Rhodes and Barrett teaches
The biometric sensor of claim 22.
However, Guenter in view of Rhodes and Barrett fails to explicitly disclose wherein the remaining silicon thickness cooperates with a responsivity cutoff of the photodiode to reject wavelengths above approximately 1000 nm.
Barrett discloses that preferred wavelengths for measuring oxygen saturation are under 1000 nm [The preferred wavelengths to monitor oxygen saturation are: a) about 660 nm, and b) about 810 (e.g., 829 nm) (Barrett ¶0004)].
Fechner discloses systems and methods for sensing radiation of a frequency range of interest, wherein Fechner discloses using a frequency selective shield that is configured to block certain wavelengths in combination with a photodiode with a responsivity cutoff [radiation sensitive cell 12 may be selectively sensitive to certain bounded ranges of wavelengths, such as only visible wavelengths or only near-infrared, visible, and ultraviolet wavelengths, but not to radiation having wavelengths shorter or longer than within that range (Fechner Col 3:61-65); Frequency-selective shield 52 may therefore prevent radiation incident on radiation sensitive cell 12E that is outside a frequency range of interest from intercepting photodiode bank 32 or having a chance to affect the charge carriers on photodiode bank 32. In other examples, photodiode bank 32 may be implemented with photodiodes that are inherently only responsive to a frequency range of interest, or a frequency-selective shield 52 is used together with photodiodes selected for particular frequency ranges of responsiveness to tailor the radiation sensitive cell 12E to the precise frequency ranges of interest (Fechner Col 16:36-46)].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the sensor of Guenter in view of Rhodes and Barret to employ wherein the remaining silicon thickness cooperates with a responsivity cutoff of the photodiode to reject wavelengths above approximately 1000 nm, so as to only receive wavelengths of interest.
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter:
The closest prior art of record regarding claim 26 is Guenter, Rhodes, and Barrett, wherein in combination [Guenter in view of Rhodes and Barrett] or alone, none of the previously cited references teach, disclose, or suggest the subject matter regarding “wherein the silicon substrate comprises a silicon-on-insulator structure and an oxide layer between the photodiode and the trench serves as an etch stop to define the remaining silicon thickness”. It would not have been obvious to one of ordinary skill in the art to have modified Guenter in view of Rhodes and Barrett to employ the subject matter not taught by any prior art reference without the benefit of hindsight.
Claim(s) 26 is/are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant's arguments, see Applicant’s Remarks p. 7-8, filed 25 November 2025, with respect to the previously applied claim rejections under § 103 have been fully considered but they are not persuasive.
The Applicant asserts that the amendments to claims 1 and 16 emphasize the back-side-illumination nature of the claimed method/system, wherein the Applicant argues that none of the previously cited Guenter, Rhodes, or Barrett disclose a BSI-based method, device, or system. However, while the Examiner acknowledges the BSI basis of the Applicant’s invention as described in the Applicant’s Specification, the Examiner notes that Applicant’s arguments fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references. The claims as amended and argument(s) as presented fail to structurally or functionally distinguished how the claim language may a back-side-illuminated method/system that may be structurally or functionally distinct from the previously presented Guenter in view of Rhodes and Barrett, as the Examiner notes that Guenter is considered to disclose a similar arrangement of elements of a silicon substrate, trench, and photodiode as claimed [Guenter Fig. 3], such that based off of the modifications in view of Rhodes and Barrett, the combination of Guenter in view of Rhodes and Barrett is considered to teach the claimed invention.
Conclusion
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/SEVERO ANTONIO P LOPEZ/Examiner, Art Unit 3791
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