DETAILED ACTION
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 03/04/2026 has been entered.
Claim(s) 1, 4-7, 9-11, 13-14, 16-17 and 21-30 are rejected under 35 U.S.C. 102(a1).
Claim(s) 3, 8, 15 and 18-20 are rejected under 35 U.S.C. 103.
Response to Arguments
Applicant's arguments filed 02/05/2026 have been fully considered but they are not persuasive.
In regards to the applicant’s arguments that the prior art fails to disclose “one or more semiconductor layers including a photodetector and an optical structure formed in the one or more semiconductor layers”, the Examiner respectfully disagrees.
Attention is brought to Figures 2 and 4 of Lenchenkov, wherein a resonance enhanced color filter array for image sensors is disclosed. Figure 2 discloses a pixelated image sensor comprising a plurality of pixel structures (18), wherein each pixel includes a plurality of semiconductor layers (14, 16, 22, 24) having pixelated structures overlapping an array of photodiodes (28). Claims 1, 13 and 16, merely recite the term of “an optical structure”, and do not define the term in any meaningful way. Therefore, the pixelated layers themselves (14, 16) may be viewed as “optical structures”, wherein the layers may be formed of well-known semiconductor and dielectric materials including “silicon, silicon dioxide, silicon nitride, silicon carbide, titanium oxide, tin oxide or germanium” (par. 24-26). Further, the mere portion of semiconductor layer (22) left between the photodiode (28) and the semiconductor layer (16) may be viewed as an “optical structure” (Figure 2).
Figure 4 of Lenchenkov also continues to explicitly disclose one or more semiconductor layers (Figure 4; 54, 58, 66, 64) including a photodiode (56) (par. 3, 19-20, 29), and shallow trench isolation (STI) structures (68) (applicant’s optical structure) overlapping with the photodiode (Figure 4) (par. 18-19, 29), wherein the plurality of semiconductor layers of the device may be any of: “silicon, silicon oxide, silicon nitride, silicon carbide, titanium oxide, tin oxide, or germanium”.
In regards to the applicant’s argument that the prior art fails to disclose an optical structure having “an anti-reflection property”, the examiner respectfully disagrees.
Attention is brought to Figures 2 and 4 of Lenchenkov, wherein a resonance enhanced color filter array for image sensors is disclosed, wherein a plurality of semiconductor and dielectric layers are understood to transmit (applicant’s anti-reflection property) received light to a plurality of photodiodes. Further, Lenchenkov discloses that layers (14, 16) may include metal materials such as “aluminum, copper, silver, titanium, tungsten or other suitable metals”, wherein metal materials are understood to block portions of light (applicant’s anti-reflection property).
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 4-7, 9-11, 13-14, 16-17 and 21-30 are rejected under 35 U.S.C. 102(a1) as being anticipated by US Publication 2013/0119236 to Lenchenkov.
In regards to claims 1, 4-7, 9-11, 21-24 and 27-30, Lenchenkov discloses and shows in Figures 2, 4-5B and 7, an apparatus, comprising:
one or more semiconductor layers (Figure 2; 14, 16, 22) (Figure 4; 54, 58, 66, 64) including a photodiode (28, 56) (par. 3, 19-20, 29), and an optical structure formed in the one or more semiconductor layers, the optical structure overlapping with the photodetector (Figure 2) (par. 20-26; wherein the image sensor includes an array of pixels (18), which include the optical structures of semiconductor layers (14, 16), which are disclosed as being made of silicon or germanium; further the portion of semiconductor layer (22) disposed above the photodiode (28) may be considered an “optical structure”);
shallow trench isolation (STI) structures (68) (applicant’s optical structure) overlapping with the photodiode (Figure 4) (par. 18-19, 29; wherein the plurality of semiconductor layers of the device may be any of: “silicon, silicon oxide, silicon nitride, silicon carbide, titanium oxide, tin oxide, or germanium”); and
a metamaterial layer (64, 66) overlapping with the STI structures, the metamaterial layer comprising metasurfaces (par. 15-16, 24-25, 29-31);
[claim 4] wherein the metasurfaces are embedded in the dielectric material of the metamaterial layer (Figures 4-5B) (par. 24, 29-31; wherein par. 24 explicitly discloses “a plasmonic metamaterial may have metal embedded in a dielectric”);
[claim 5] wherein the metasurface includes an array of equally spaced structures, and the structures are metal patches or gaps in a metal layer forming the metasurfaces (par. 24, 30-31);
[claim 6] wherein a size and a spacing of the structures are configured to absorb a portion of an incident light at a frequency range narrower than a frequency spectrum of the incident light (par. 16-18, 24, 30);
[claim 7] wherein the metamaterial layer includes two or more different metasurfaces (64, 66) embedded in the dielectric layer (58) (par. 29-31);
[claim 9] wherein further comprising a mold layer (70) (Figures 5a, 5b)(par. 24, 29-31);
[claim 10] wherein the mold layer (70) has a transmittance of incident light that varies with a frequency of the incident light (par. 4, 16-18);
[claim 11] wherein the mold layer has an ARC property (par. 4, 16-18).
[claim 21] wherein the layer includes: a metal grid having an array of recesses; and a metal patch in each of the array of recesses (par. 24, 30-31);
[claim 22] wherein the metasurfaces form a stack (Figures 4-5B) (par. 24, 29-31);
[claim 23] wherein the optical structure includes shallow trench isolation (STI) structures (par. 18-19, 29);
[claim 24] wherein the photodetector includes a photodiode (par. 3, 18-19, 29);
[claim 28] wherein the layer is a first layer, the metasurfaces are first metasurfaces, and the apparatus further comprises a second layer over the first layer, and the second layer including second metasurfaces (64, 66) (Figure 4) (par. par. 15-16, 24-25, 29-31);
[claim 29] wherein the first and second layers are part of an optical filter over the optical structure (par. 16-18, 24, 30);
[claim 30] wherein each of the first layer and second layer includes a respective metal layer and a respective dielectric layer (par. 16-18, 24, 30).
In regards to claims 13-14 and 25, Lenchenkov discloses and shows in Figures 2, 4-5B and 7, an optical device, comprising:
a metamaterial layer (64, 66) (par. 24-25, 29-30);
one or more semiconductor layers (Figure 2; 14, 16, 22) (Figure 4; 54, 58, 66, 64) including a photodiode (28, 56) (par. 3, 19-20, 29), and an optical structure formed in the one or more semiconductor layers, the optical structure overlapping with the photodetector (Figure 2) (par. 20-26; wherein the image sensor includes an array of pixels (18), which include the optical structures of semiconductor layers (14, 16), which are disclosed as being made of silicon or germanium; further the portion of semiconductor layer (22) disposed above the photodiode (28) may be considered an “optical structure”);
shallow trench isolation (STI) structures (68) (applicant’s optical structure) overlapping with the photodiode (Figure 4) (par. 18-19, 29; wherein the plurality of semiconductor layers of the device may be any of: “silicon, silicon oxide, silicon nitride, silicon carbide, titanium oxide, tin oxide, or germanium”);
[claim 14] further comprising a mold layer (70) coupled to the metamaterial layer, the mold layer configured to pass the portion of the incident light to the metamaterial layer (29-31);
[claim 25] wherein the optical structure includes shallow trench isolation (STI) structures (par. 18-19, 29).
In regards to claims 16-17 and 26-27, Lenchenkov discloses and shows in Figures 2, 4-5B and 7, a light detector system, comprising:
a light source configured to emit a light beam having a wavelength (Figure 7) (par. 35-36); and
a light detector (200) configured to detect an amplitude of the light beam at the wavelength, the light detector including:
one or more semiconductor layers (Figure 2; 14, 16, 22) (Figure 4; 54, 58, 66, 64) including a photodiode (28, 56) (par. 3, 19-20, 29), and an optical structure formed in the one or more semiconductor layers, the optical structure overlapping with the photodetector (Figure 2) (par. 20-26; wherein the image sensor includes an array of pixels (18), which include the optical structures of semiconductor layers (14, 16), which are disclosed as being made of silicon or germanium; further the portion of semiconductor layer (22) disposed above the photodiode (28) may be considered an “optical structure”);
shallow trench isolation (STI) structures (68) (applicant’s optical structure) overlapping with the photodiode (Figure 4) (par. 18-19, 29; wherein the plurality of semiconductor layers of the device may be any of: “silicon, silicon oxide, silicon nitride, silicon carbide, titanium oxide, tin oxide, or germanium”); and
a metamaterial layer (64, 66) overlapping with the semiconductor layer (par. 18, 24-25, 29-31).
[claim 17] wherein the light detector includes a mold layer (70) on the metamaterial layer (par. 29-31).
[claim 26] wherein the optical structure includes shallow trench isolation (STI) structures (par. 18-19, 29);
[claim 27] wherein the metamaterial layer includes a two-dimensional array of structures having a grid unit smaller than the wavelength (par. 15-16, 24-25, 29-31).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 3 is rejected under 35 U.S.C. 103 as being unpatentable over Lenchenkov, in view of US Publication 2021/0305440 to Zang et al.
In regards to claim 3, Lenchenkov, differ from the limitations in that they are silent to the apparatus, wherein the optical structure includes a grating having an anti-reflection property.
However, Zang teaches and shows in Figures 5-6, a sensor diode that has “a diffraction grating light-trapping structure”, which is “a shallow trench structure” (par. 77).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention, to modify Lenchenkov, to include the shallow trench grating structure discussed above for the advantage of improving the light absorption efficiency and providing a maximized detection signal, with a reasonable expectation of success.
Claim(s) 8 is rejected under 35 U.S.C. 103 as being unpatentable over Lenchenkov, and in view of US Patent 11,796,726 to Houck.
In regards to claim 8, Lenchenkov, differ from the limitations in that they are silent to the apparatus, wherein the two or more different metasurfaces include a first metasurface and a second metasurface having different numbers or sizes of equally spaced structures.
However, Houck teaches and shows in Figures 1a-1b, an optical sensor system that utilizes “one or more metamaterial structures”, wherein “the one or more metamaterial structures may include engineered structures (e.g. with an engineered shape, size, geometry, orientation and/or the like” (col. 5, ll. 4-57).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention, to modify Lenchenkov, to include the one or more different metamaterial structures discussed above for the advantage of engineering each metamaterial to a desired wavelength or desired characteristic of propagation, in order to improve the light absorption efficiency and provide a maximized detection signal, with a reasonable expectation of success.
Claim(s) 15 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Lenchenkov, in view of US Publication 2019/0360924 to Macrelli et al.
In regards to claims 15 and 18-20, Lenchenkov, differ from the limitations in that they are silent to the optical device:
[claim 15] wherein the frequency spectrum of the incident light corresponds to an infrared (IR) spectrum of light;
[claim 18] wherein the light detector is configured to determine a peak in the amplitude of the light beam;
[claim 19] further comprising a chamber between the light source and the light detector, the chamber configured to contain a gas or a fluid and to allow the light beam to propagate through the chamber from the light source to the light detector;
[claim 20] further comprising a processor coupled to the light detector and configured to determine a type, a composition, or a density of the gas or the fluid based on the peak in the amplitude of the light beam.
However, Marcelli teaches and shows in Figure 1, a non-dispersive infrared (NDIR) gas sensor system (par. 1), that utilizes an infrared light source (103), a detector (105) and a gas sample chamber (110), wherein the source and detector may both utilize metamaterial filters, and a processor determines the concentration of the gas within the chamber based upon a detected peak wavelength (par. 21-22, 37-38, 42, 45-46).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention, to modify Lenchenkov, to include the gas sensor system discussed above for the advantage of efficiently analyzing a gas sample under test, with a reasonable expectation of success.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN M HANSEN whose telephone number is (571)270-1736. The examiner can normally be reached Monday to Friday, 8am to 4pm.
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JONATHAN M. HANSEN
Primary Examiner
Art Unit 2877
/JONATHAN M HANSEN/Primary Examiner, Art Unit 2877