Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 4, 13 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
Claims 4, 13 recite “metal layer” however see that during the interview on 8/18/2025 the Applicant argued that Indium Tin Oxide is not metal, it is a non-metal because Indium and Tin transform into a non-metal by reaction to oxygen, however the Examiner responded that the Indium and Tin in Indium Tin Oxide are still metal atoms and thus Indium Tin Oxide is metallic and thus "metal" under broadest reasonable interpretation, the Examiner noted that the Indium and Tin do not transform into other elements because of reaction, they remain in their elemental atom form. The Examiner asked the Applicant what metal is used in the invention and the Applicant could not answer but simply stated that a person of ordinary skill would know what the metal is. However, see Tanaka et al. (US 20020158263 A1) see paragraph 0134, “Although, no specific limitation on the material of the anode 6, for example, transparent metal electrode such as indium tin oxide (ITO), indium oxide, zinc oxide and the like may be used for the anode 6”. Thus Tanaka directly refutes the Applicants definition of metal, and therefore there is no way to know what the Applicant means by the word metal for the purpose of manufacturing or determining infringement. Thus the invention is not enabled.
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.
Claim(s) 1, 2, 4, 5, 8-11, 21, 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liu et al. (CN 107275421 A) hereafter referred to as Liu-21 in view of Gessner et al. (US 20170084776 A1) hereafter referred to as Gessner and further in view of Preston et al. (US 20200218009 A1) hereafter referred to as Preston . Senoussaoui et al. (see PTO-892 filed 5/13/2024) hereafter referred to as Senoussaoui is provided as evidence. Smith et al. (US 20150221796 A1) hereafter referred to as Smith is provided as evidence for claim 8. Tanaka et al. (US 20020158263 A1) hereafter referred to as Tanaka is provided as evidence for claim 4.
In regard to claim 1 Liu-21 teaches a non-quantum well [see Fig. 1, see Fig. 4 “by selecting an appropriate metal and quantum dot material system, regulating the metal micro-structure array of the structure design and size of quantum dot, to realize high sensitivity and a tunable narrow-band photo-detector” “mainly for radial measurement and detection in visible light or near infrared wave band, industrial automatic control absorbance measurement, optical fibre communication and so on, mainly used for missile guidance and in infrared band of infrared thermal imaging, infrared remote sensing and so on. the quantum dot has confinement effect of three dimensions, electron energy has quantization characteristic in three dimensions, thus it has relative to the size of the energy bandgap, the absorption wavelength can be tuned. colloidal quantum dots prepared by colloidal chemical method, compared with the common nano-material with controllable size and good uniformity, high activity, controllable materialized characteristic, easy surface modification, room temperature film formation and so on, attracts attention as new material photo-detector”] infrared photodetector (QWIP) device, the device comprising:
a substrate [“1 is a glass substrate”];
a colloidal quantum dot [“4 is a quantum dot film” “PbSe colloidal quantum dot solution” “PbS colloid quantum dot solution” “CdSe colloidal quantum dot solution” “CdS colloidal quantum dot solution” “the quantum dot thin film material is vulcanized lead, lead selenide, cadmium sulphide, cadmium selenide and zinc oxide such as colloidal quantum dots, by selecting suitable quantum dot material system and the quantum dot synthesis time, temperature and other conditions, and peak absorption wavelength position of quantum dots to realize the photoelectric response at different wave bands is enhanced”] photodetector on the substrate;
a top contact [“5 a metal film back electrode”] on the colloidal quantum dot photodetector; and
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an integrated optical grating coupler [includes both 2 and 3, see the Fig. 1 of Liu-21 reproduced above on the left exactly matches the instant Application Fig. 2A reproduce above on the right, see that under broadest reasonable interpretation the optical grating coupler includes both 2 and 3 which matches 210 of the instant Application , see Fig. 1, see Fig. 4 see “3 is a metal micro-structure” “the material of the micro-structure array is gold, silver, aluminium and so on” see that metal is a conductor see contact “2 is an ITO film” “metal surface plasma and incident light coupled with each other, the optical wave of a specific wavelength, which is good for realizing resonance enhanced quantum dot thin film of light absorption. light wave resonance wavelength by adjusting the periodic structure of the micro structure array to control ...” “the metal micro-structure size is adjustable, it can realize photoelectric different wave band enhancement by adjusting different micro-structure array period and duty ratio”, the Examiner notes that paragraph 0053 of the Specification of the instant Application does not state that 210 is made of a single homogeneous metal, so it is not clear that the claims could be modified to state that the grating contact or grating coupler contact is a single homogeneous metal layer without introducing new matter] directly on the substrate between the substrate and the colloidal quantum dot photodetector , wherein a presence of the integrated optical grating coupler increases [see that diffraction by a grating is inherent in the function of a grating and when normally incident light is diffracted, the path length increases and so does absorption because of the increased chance of the photon being absorbed, see Senoussaoui is provided as evidence see Introduction first paragraph “integration of an one-dimensional grating in thin film solar cells should be the simplest device structures, which leads to a prolonged absorption path in the absorption region compared to structures with flat interfaces”] an optical path length and optical absorption inside the colloidal quantum dot photodetector, and
wherein the integrated optical grating coupler is a conductive [see above 3 is a metal, 2 is ITO] grating contact ,
but does not state and one or more charge transport layers provided directly on at least one of the integrated optical grating coupler and the colloidal quantum dot photodetector.
and does not state [this is amendment filed 8/22/2025] and wherein the integrated optical grating coupler is patterned in a random pattern.
The Examiner notes that support for the amendment in the instant Application is in paragraph 0073 “Although not shown in Fig. 7B, an optional charge transport layer may be provided on the CQD layer 720. A top contact material720, for example, Indium Tin Oxide (ITO) or Alluminum Zinc Oxide (AZO), may be provided on the complete diode stack, for example, on the CQD layer 720 or the optional charge transport layer”.
However see Fig. 4 see the current path through the quantum dot film indicates charge is being transported, see Abstract “using quantum dot film photoelectric effect so that the current between the ITO and the background electrode change significantly”.
See Gessner paragraph 0024 “In a further embodiment, the measuring system comprises at least one charge transport layer. An electron transport layer (ETL) or a hole transport layer (HTL) can be provided as a charge transport layer. Here and in one variant, one envisages placing the quantum dot layer between two charge transport layers, for example an electron transport layer and a hole transport layer. herein, the quantum dot layer is directly adjacent the respective charge transport layer. In a further variant, the quantum dot layer can be integrated into the charge transport layer, wherein the matrix material of the quantum dot layer assumes the function of the electronic transport layer or hole transport layer. The material of the matrix is selected accordingly, in order to maintain the functionality of the charge transport layer. If CdSe is used as a material for the quantum dots for example, then ZnO as a material for the matrix of the quantum dot layer can also simultaneously serve as an electron transport layer”.
Thus, it 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 to modify Liu-21 to include and one or more charge transport layers provided directly on at least one of the integrated optical grating coupler and the colloidal quantum dot photodetector.
Thus it would be obvious to combine the references to arrive at the claimed invention.
The motivation is to control hole and electron flow to provide better conduction and detection in the device.
Liu-21 and Gessner as combined does not state and wherein the integrated optical grating coupler is patterned in a random pattern.
See Preston teaches see paragraph 0078 “The inventors have recognized and appreciated that a grating coupler having multiple layers and/or aperiodic gratings may accommodate a broader range of angles for an incident light beam to be considered aligned with the grating coupler and achieve a desired coupling efficiency, and thus may provide the benefit of being more tolerant of fabrication variation across multiple integrated devices”.
Thus, it 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 to modify Liu-21 to include and wherein the integrated optical grating coupler is patterned in a random pattern.
Thus it would be obvious to combine the references to arrive at the claimed invention.
The motivation is to accommodate a broader range of angles for an incident light beam to be considered aligned and better tolerance of fabrication variation.
In regard to claim 2 Liu-21, Gessner and Preston as combined teaches wherein the integrated optical grating coupler that is positioned directly on the substrate is between [see the Fig. 1 of Liu-21] a top surface and a bottom surface of the device in a middle portion of the device.
In regard to claim 4 Liu-21, Gessner and Preston as combined teaches wherein the integrated optical grating coupler is formed by a metal layer [see above 3 is a metal, 2 is ITO i.e. Indium Tin Oxide, together they form a composite metal layer satisfying the claim limitation under broadest reasonable interpretation. See that under broadest reasonable interpretation ITO is metal, see as evidence Tanaka paragraph 0134, “Although, no specific limitation on the material of the anode 6, for example, transparent metal electrode such as indium tin oxide (ITO), indium oxide, zinc oxide and the like may be used for the anode 6”. During the interview on 8/18/2025 the Applicant argued that Indium Tin Oxide is not metal, it is a non-metal because Indium and Tin transform into a non-metal by reaction to oxygen, however the Examiner responded that the Indium and Tin in Indium Tin Oxide are still metal atoms and thus Indium Tin Oxide is metallic and thus "metal" under broadest reasonable interpretation, the Examiner noted that the Indium and Tin do not transform into other elements because of reaction, they remain in their elemental atom form, the Examiner also noted that the claim could state "pure metal" however there is no support in the specification for stating "pure metal" which is why the Applicant did not put it in the claim language and as the Examiner explained in the interview, "metal layer" simply means that it comprises metal, NOT that it is pure metal] arranged continuously across [see Liu-21 Fig. 1, Fig. 4] an optically active area of the device.
The Examiner also notes case law, see it 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 to use " wherein the integrated optical grating coupler is formed by a metal layer arranged continuously across an optically active area of the device ", since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. The Examiner notes that during the interview on 8/18/2025 the Applicant stated that a person of ordinary skill would know what the metal is.
In regard to claim 5 Liu-21, Gessner and Preston as combined teaches wherein the integrated optical grating coupler comprises [see Fig. 1, Fig. 2, Fig. 3] a patterned array of posts.
In regard to claim 8 Liu-21, Gessner and Preston as combined teaches wherein the device including the integrated optical grating coupler has an increased optical quantum efficiency [this is inherently true, see evidence of Smith paragraphs 0002-0011 “the photo-detector provides photon absorption with a plasmonic resonance structure for photon absorption along a surface of the photo-detector (i.e., the x-y plane) reducing the volume in the z-plane” “use of embedded plasmonic resonance and photonic crystal structures facilitates significant material removal, resulting in a three-dimensional volume reduction of the semiconductor in the x-, y-, and z-directions without compromising photon absorption. That is, the disclosed detector achieves reduced dark current density for improved performance” see that in the device of Liu-21 coupling due to the grating increases absorption for any given volume, thus reducing dark current] without increasing dark noise relative to devices without integrated optical couplers.
In regard to claim 9 Liu-21, Gessner and Preston as combined does not specifically teach wherein the optical quantum efficiency increases in devices having an integrated optical coupler by at least fifty percent.
See claim 8 see that in the device of Liu-21 coupling due to the grating increases absorption for any given volume, thus reducing dark current, see that it is adjustable.
It would have been obvious to one of ordinary skill in the art at the time the invention was made to use " wherein the optical quantum efficiency increases in devices having an integrated optical coupler by at least fifty percent ", since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or working ranges involves only routine skill in the art. In re Aller, 105 USPQ 233
In regard to claim 10 Liu-21, Gessner and Preston as combined teaches wherein the integrated optical grating coupler is for use with wavelengths [see claim 1 see Liu-21 teaches infrared and visible light and that the detector resonance wavelength is adjustable] from about 800 nm to about 2500 nm.
In regard to claim 11 Liu-21, Gessner and Preston as combined teaches wherein the device comprises non-QWIP materials that couple [see Fig. 4 see “detecting resonance wavelength caused by the change of the current, specifically schematic as shown in FIG. 4” see normal incidence of light] light at normal incidence.
In regard to claim 21 Liu-21, Gessner and Preston as combined teaches wherein: the colloidal quantum dot photodetector is directly on [see claim 1 see Liu-21 Fig. 1] the integrated optical grating coupler that is directly on the substrate.
In regard to claim 24 Liu-21, Gessner and Preston as combined teaches wherein the colloidal quantum dot photodetector has a layer thickness in a range [see Liu-21 “then forming a quantum dot film on the micro-structure wafer surface of from 500 to 2000nm”] but does not state from 50 nm to 150 nm.
The Examiner notes that a person of ordinary skill in the art knows that the chance of absorption of light depends on three factors i.e. choice of quantum dots materials and dimensions, layer thickness and reflections, see that in Liu-21 there is metal both at top and bottom, see Liu-21 teaches many choices for quantum dot, for a given choice of quantum dot and reflections, thickness is a result-effective variable .
It 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 to use “from 50 nm to 150 nm ”, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or working ranges involves only routine skill in the art. In re Aller, 105 USPQ 233
Claim(s) 13, 16-18, 22, 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liu-21 in view of Smith et al. (US 20150221796 A1) hereafter referred to as Smith and further in view of Gessner et al. (US 20170084776 A1) hereafter referred to as Gessner and further in view of Preston et al. (US 20200218009 A1) hereafter referred to as Preston . Senoussaoui et al. (see PTO-892 filed 5/13/2024) hereafter referred to as Senoussaoui is provided as evidence. Tanaka et al. (US 20020158263 A1) hereafter referred to as Tanaka is provided as evidence for claim 23.
In regard to claim 13 Liu-21 teaches an integrated device [see Fig. 1, see Fig. 4 “by selecting an appropriate metal and quantum dot material system, regulating the metal micro-structure array of the structure design and size of quantum dot, to realize high sensitivity and a tunable narrow-band photo-detector” “mainly for radial measurement and detection in visible light or near infrared wave band, industrial automatic control absorbance measurement, optical fibre communication and so on, mainly used for missile guidance and in infrared band of infrared thermal imaging, infrared remote sensing and so on. the quantum dot has confinement effect of three dimensions, electron energy has quantization characteristic in three dimensions, thus it has relative to the size of the energy bandgap, the absorption wavelength can be tuned. colloidal quantum dots prepared by colloidal chemical method, compared with the common nano-material with controllable size and good uniformity, high activity, controllable materialized characteristic, easy surface modification, room temperature film formation and so on, attracts attention as new material photo-detector”] comprising:
a substrate [“1 is a glass substrate”];
a colloidal quantum dot [“4 is a quantum dot film” “PbSe colloidal quantum dot solution” “PbS colloid quantum dot solution” “CdSe colloidal quantum dot solution” “CdS colloidal quantum dot solution” “the quantum dot thin film material is vulcanized lead, lead selenide, cadmium sulphide, cadmium selenide and zinc oxide such as colloidal quantum dots, by selecting suitable quantum dot material system and the quantum dot synthesis time, temperature and other conditions, and peak absorption wavelength position of quantum dots to realize the photoelectric response at different wave bands is enhanced”] photodetector on the substrate; and
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an integrated optical grating contact [includes both 2 and 3, see the Fig. 1 of Liu-21 reproduced above on the left exactly matches the instant Application Fig. 2A reproduce above on the right, see that under broadest reasonable interpretation the optical grating coupler includes both 2 and 3 which matches 210 of the instant Application , see Fig. 1, see Fig. 4 see “3 is a metal micro-structure” “the material of the micro-structure array is gold, silver, aluminium and so on” see that metal is a conductor see contact “2 is an ITO film” “metal surface plasma and incident light coupled with each other, the optical wave of a specific wavelength, which is good for realizing resonance enhanced quantum dot thin film of light absorption. light wave resonance wavelength by adjusting the periodic structure of the micro structure array to control ...” “the metal micro-structure size is adjustable, it can realize photoelectric different wave band enhancement by adjusting different micro-structure array period and duty ratio”, the Examiner notes that paragraph 0053 of the Specification of the instant Application does not state that 210 is made of a single homogeneous metal, so it is not clear that the claims could be modified to state that the grating contact or grating coupler contact is a single homogeneous metal layer without introducing new matter] directly on the substrate between the colloidal quantum dot photodetector and the substrate, wherein a presence of the integrated optical grating contact increases [see that diffraction by a grating is inherent in the function of a grating and when normally incident light is diffracted, the path length increases and so does absorption because of the increased chance of the photon being absorbed, see Senoussaoui is provided as evidence see Introduction first paragraph “integration of an one-dimensional grating in thin film solar cells should be the simplest device structures, which leads to a prolonged absorption path in the absorption region compared to structures with flat interfaces”] an optical path length and optical absorption inside the colloidal quantum dot photodetector, and
wherein the integrated optical grating contact is a conductive [see above 3 is a metal, 2 is ITO] grating contact ;
and a top contact [“5 a metal film back electrode”] on the colloidal quantum dot photodetector,
but does not state that the substrate is silicon and one or more charge transport layers provided directly on at least one of the integrated optical grating coupler and the colloidal quantum dot photodetector,
and does not state [this is amendment filed 8/22/2025] and wherein the integrated optical grating contact is patterned in a random pattern.
However silicon substrate is common in infrared detectors, see Smith teaches see Fig. 3, Fig. 4, Fig. 5A see paragraph 0010 “semiconductor region of a narrow bandgap tuned for the incident infrared photon wavelength of interest” see paragraph 0034 “plasmonic resonance structure 230 is formed as a metal layer” “the plasmonic resonator 230 is formed with a grating structure that includes protrusions or ridges 235 that are periodically spaced along the surface of the a pillar-like structures 202 (i.e., in the x-y plane). The dimensions of the ridges 235 and period of the grating may be tailored to focus plasmonic oscillations into the absorber layer 310” “each one of the pillar-like structures 202, includes a semiconductor photon absorber layer 310 (FIG. 3), which may be formed on a substrate 150 using any suitable semiconductor manufacturing process, as discussed above, and has an energy bandgap responsive to radiation in a spectral region of interest” see radiation in Fig. 5A enters through 150 see paragraph 0027 “Referring to FIG. 3, the substrate 150 may be a wafer comprising silicon (Si), germanium (Ge), ... ” “one or more of the detectors 110 are configured to leverage surface plasmon resonance to thin at least one of the semiconductor layers acting as the absorber for at least one waveband of the detector” “momentum of incident light can be increased by matching periodic grating to x-y surface plasmon”.
Thus, it 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 to modify Liu-21 to include that the substrate is silicon.
The motivation is that silicon wafers are standard in the industry and are easy to process and known to give good results to form detectors.
Liu-21 and Smith as combined does not teach and one or more charge transport layers provided directly on at least one of the integrated optical grating coupler and the colloidal quantum dot photodetector, and wherein the integrated optical grating contact is patterned in a random pattern.
The Examiner notes that support for the amendment in the instant Application is in paragraph 0073 “Although not shown in Fig. 7B, an optional charge transport layer may be provided on the CQD layer 720. A top contact material720, for example, Indium Tin Oxide (ITO) or Alluminum Zinc Oxide (AZO), may be provided on the complete diode stack, for example, on the CQD layer 720 or the optional charge transport layer”.
However see Fig. 4 see the current path through the quantum dot film indicates charge is being transported, see Abstract “using quantum dot film photoelectric effect so that the current between the ITO and the background electrode change significantly”.
See Gessner paragraph 0024 “In a further embodiment, the measuring system comprises at least one charge transport layer. An electron transport layer (ETL) or a hole transport layer (HTL) can be provided as a charge transport layer. Here and in one variant, one envisages placing the quantum dot layer between two charge transport layers, for example an electron transport layer and a hole transport layer. herein, the quantum dot layer is directly adjacent the respective charge transport layer. In a further variant, the quantum dot layer can be integrated into the charge transport layer, wherein the matrix material of the quantum dot layer assumes the function of the electronic transport layer or hole transport layer. The material of the matrix is selected accordingly, in order to maintain the functionality of the charge transport layer. If CdSe is used as a material for the quantum dots for example, then ZnO as a material for the matrix of the quantum dot layer can also simultaneously serve as an electron transport layer”.
Thus, it 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 to modify Liu-21 to include and one or more charge transport layers provided directly on at least one of the integrated optical grating coupler and the colloidal quantum dot photodetector.
Thus it would be obvious to combine the references to arrive at the claimed invention.
The motivation is to control hole and electron flow to provide better conduction and detection in the device.
Liu-21, Smith and Gessner as combined does not teach and wherein the integrated optical grating contact is patterned in a random pattern.
See Preston teaches see paragraph 0078 “The inventors have recognized and appreciated that a grating coupler having multiple layers and/or aperiodic gratings may accommodate a broader range of angles for an incident light beam to be considered aligned with the grating coupler and achieve a desired coupling efficiency, and thus may provide the benefit of being more tolerant of fabrication variation across multiple integrated devices”.
Thus, it 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 to modify Liu-21 to include and wherein the integrated optical grating coupler is patterned in a random pattern.
Thus it would be obvious to combine the references to arrive at the claimed invention.
The motivation is to accommodate a broader range of angles for an incident light beam to be considered aligned and better tolerance of fabrication variation.
In regard to claim 16 Liu-21, Smith, Gessner and Preston as combined teaches wherein the conductive grating contact comprises a [see Fig. 1, Fig. 2, Fig. 3] patterned array of posts.
In regard to claim 17 Liu-21, Smith, Gessner and Preston as combined teaches wherein the device is a [see Fig. 1, see Fig. 4 “by selecting an appropriate metal and quantum dot material system, regulating the metal micro-structure array of the structure design and size of quantum dot, to realize high sensitivity and a tunable narrow-band photo-detector” ] non-QWIP device.
In regard to claim 18 Liu-21, Smith, Gessner and Preston as combined teaches wherein the device comprises non-QWIP materials that couple [see Fig. 4 see “detecting resonance wavelength caused by the change of the current, specifically schematic as shown in FIG. 4” see normal incidence of light] light at normal incidence.
In regard to claim 22 Liu-21, Smith, Gessner and Preston as combined teaches wherein: the colloidal quantum dot photodetector is directly on [see claim 13 see Liu-21 Fig. 1] the integrated optical grating contact that is directly on the silicon substrate.
In regard to claim 23 Liu-21, Smith, Gessner and Preston as combined teaches wherein the integrated optical grating contact is formed by a metal layer [see above 3 is a metal, 2 is ITO i.e. Indium Tin Oxide, together they form a composite metal layer satisfying the claim limitation under broadest reasonable interpretation. See that under broadest reasonable interpretation ITO is metal, see as evidence Tanaka paragraph 0134, “Although, no specific limitation on the material of the anode 6, for example, transparent metal electrode such as indium tin oxide (ITO), indium oxide, zinc oxide and the like may be used for the anode 6”. During the interview on 8/18/2025 the Applicant argued that Indium Tin Oxide is not metal, it is a non-metal because Indium and Tin transform into a non-metal by reaction to oxygen, however the Examiner responded that the Indium and Tin in Indium Tin Oxide are still metal atoms and thus Indium Tin Oxide is metallic and thus "metal" under broadest reasonable interpretation, the Examiner noted that the Indium and Tin do not transform into other elements because of reaction, they remain in their elemental atom form, the Examiner also noted that the claim could state "pure metal" however there is no support in the specification for stating "pure metal" which is why the Applicant did not put it in the claim language and as the Examiner explained in the interview, "metal layer" simply means that it comprises metal, NOT that it is pure metal] arranged continuously across [see Liu-21 Fig. 1, Fig. 4] an optically active area of the device.
The Examiner also notes case law, see it 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 to use " wherein the integrated optical grating coupler is formed by a metal layer arranged continuously across an optically active area of the device ", since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. The Examiner notes that during the interview on 8/18/2025 the Applicant stated that a person of ordinary skill would know what the metal is.
In regard to claim 25 Liu-21, Smith, Gessner and Preston as combined teaches wherein the colloidal quantum dot photodetector has a layer thickness in a range [see Liu-21 “then forming a quantum dot film on the micro-structure wafer surface of from 500 to 2000nm”] but does not state from 50 nm to 150 nm.
The Examiner notes that a person of ordinary skill in the art knows that the chance of absorption of light depends on three factors i.e. choice of quantum dots materials and dimensions, layer thickness and reflections, see that in Liu-21 there is metal both at top and bottom, see Liu-21 teaches many choices for quantum dot, for a given choice of quantum dot and reflections, thickness is a result-effective variable .
It 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 to use “ ”, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or working ranges involves only routine skill in the art. In re Aller, 105 USPQ 233
Response to Arguments
Applicant's arguments filed 8/22/2025 have been fully considered but they are not persuasive.
On page 2 the Applicant argues “Liu fails to disclose "wherein the integrated optical grating coupler is patterned in a random pattern" as recited by amended independent Claim 1. The present application explains that the grating structure may be "random" (FIG. lA) as opposed to "periodic" (FIG. 1B). See Application at [0052], [0068], FIG. lA. In contrast to the "random" pattern illustrated in FIG. lA of the present application, Liu describes a periodic pattern. See, e.g., Liu at Figure 1 and Figure 2 and corresponding text. For at least these reasons, the cited art fails to disclose or suggest the subject matter of independent Claim 1”.
The Examiner responds that see the amended rejection, see the new secondary art provided to show this limitation, thus the structural imitations of the claim are taught by the prior art combination of the amended rejection.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Konstantatos (see PTO-892 filed 3/26/2025) Fig. 1 appears to be structurally identical to the Applicant’s invention.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SITARAMARAO S YECHURI whose telephone number is (571)272-8764. The examiner can normally be reached M-F 8:00-4:30 PM.
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/SITARAMARAO S YECHURI/ Primary Examiner, Art Unit 2893