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 .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Response to Amendment
Applicant's arguments with respect to claims 1-4, 9, 11-16, 21-28, 31-32, 34-38 as they pertain to the prior art have been considered but are moot in view of the new ground(s) of rejection, as necessitated by amendment.
Claim Objections
Claims 17-18, 20, 23, and 33 are objected to because of the following informalities:
Claims 17-18, 20, and 33 have the status identifier “Original” when they were not examined in the Nonfinal Office Action mailed 7/03/2025. These claims were instead classified as drawn to an unelected invention and withdrawn – this was further confirmed in the Applicant Arguments/Remarks mailed 10/14/2025 which withdrew these claims.
Claim 23 has the status identifier “Withdrawn” when it was examined in the Nonfinal Office Action mailed 7/03/2025 as it was classified as being dependent upon claim 22 and reciting limitations generic to all species. The Applicant Arguments/Remarks mailed 10/14/2025 did not mention claim 23, though it was examined in the previous Office Action.
Appropriate correction is required.
Information Disclosure Statement
The information disclosure statement(s) filed on 9/25/2025 has been acknowledged and considered by the examiner. Initialed copies of supplied IDS(s) forms are included in this correspondence.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-4, 9, 11-16, 21-28, 31-32, 34-38 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1, claim states two limitations regarding the first pattern – “the plurality of cavities comprising first patterns” in line 5 of the claim and “to form a first pattern” in line 12 of the claim. The limitation “a first pattern” lacks antecedent basis as “first patterns” is already introduced earlier in the claim (MPEP §2173.05(e)) - is “a first pattern” new or different than any one of the plurality of first patterns from line 5 of the claim, or is this one of the first patterns the plurality of cavities comprises? Due to the antecedent basis issues, one of ordinary skill in the art would not be apprised as to the scope of the invention. For purposes of compact prosecution, examiner will interpret “a first pattern” to be the same as the first patterns in the plurality of cavities.
Further, claims 25 and 37 are rejected for the same reason as provided for claim 1 in terms of the first pattern – claim 25 recites “first patterns” in line 8 of the claim and “a first pattern” in line 15 of the claim, and claim 37 recites “first patterns” in line 9 of the claim and “a first pattern” in line 16 of the claim.
Regarding claim 1, claim states two limitations regarding the second pattern – “the plurality of cavities comprising second patterns” in line 8 of the claim and “to form a second pattern” in lines 15-16 of the claim. The limitation “a second pattern” lacks antecedent basis as “second patterns” is already introduced earlier in the claim (MPEP §2173.05(e)) - is “a second pattern” new or different than any one of the plurality of second patterns from line 8 of the claim, or is this one of the second patterns the plurality of lower pattern films comprises? Due to the antecedent basis issues, one of ordinary skill in the art would not be apprised as to the scope of the invention. For purposes of compact prosecution, examiner will interpret “a second pattern” to be the same as the second patterns in the plurality of lower pattern films.
Further, claims 25 and 37 are rejected for the same reason as provided for claim 1 in terms of the second pattern – claim 25 recites “second patterns” in line 11 of the claim and “a second pattern” in lines 18-19 of the claim, and claim 37 recites “second patterns” in line 12 of the claim and “a second pattern” in lines 19-20 of the claim.
Regarding claim 1, claim states two limitations regarding the second pattern – “the plurality of lower pattern films comprising second patterns respectively corresponding to the different center wavelengths” in lines 8-9 of the claim and “to form a second pattern, the second pattern corresponding to a first center wavelength being different from the first pattern corresponding to the first center wavelength” in the last three lines of the claim. These limitations are unclear because the second pattern is introduced two different times in the claim regarding the center wavelength. In the original claim, there were first patterns corresponding to different center wavelengths and also second patterns corresponding to different center wavelengths – which would suggest that the first patterns and the second patterns are in some part the same (for example, cavity 121 and lower pattern film 133 appear to have 135a and 135b with the same thicknesses in the cavity and lower pattern film in instant Figure 2), but the amended claim is now saying they’re entirely different from each other. Do all of the plurality of lower pattern films together form a second pattern and all the plurality of cavities together form a first pattern which are different from each other, or does each lower pattern film have a second pattern which would not be the same pattern as the first pattern in the cavity above it? Due to the nature of these limitations, one of ordinary skill in the art would not be apprised as to the scope of the invention (MPEP §2173.05(b)). For purposes of compact prosecution, so long as there are two sections in the color filter with patterns corresponding to various center wavelengths, this limitation will be considered met.
Further, claims 25 and 37 are rejected for the same reason as provided for claim 1 – claim 25 recites the same lines in 11-12 and 18-20 of the claim, and claim 37 recites the same lines in 12-13 and 19-21 of the claim.
Also, claims 2-4, 9, 11-16, 21-24, 26-28, 31-32, 34-36, 38 are rejected by virtue of their dependency.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-3, 12-13, 15, 25, 27, 31, 37-38 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Boutami et. al US 20110290982 (hereinafter “Boutami”).
Regarding claim 1, Boutami teaches a spectral filter comprising:
a first metal reflective layer (Boutami fig. 4 - 68, see also para. 0053);
a second metal reflective layer (Boutami fig. 4 - 72, see also para. 0053) provided above the first metal reflective layer (Boutami fig. 4 shows 72 disposed above 68);
a plurality of cavities (Boutami fig. 4 - 66) provided between the first metal reflective layer (68) and the second metal reflective layer (Boutami fig. 4 - 66 is disposed between 68 and 72), the plurality of cavities (66) comprising first patterns respectively corresponding to different center wavelengths (Boutami fig. 4 - 66 includes zones 74, 76, and 78 corresponding to different central wavelengths); and
a plurality of lower pattern films (Boutami fig. 4 - 64) provided below the first metal reflective layer (Boutami fig. 4 - 64 is provided below 68), the plurality of lower pattern films (64) comprising second patterns respectively corresponding to the different center wavelengths (Boutami fig. 4 - 64 includes zones 74, 76, and 78 corresponding to different central wavelengths),
wherein each of the plurality of cavities (Boutami fig. 4 - 66) comprises: a first dielectric material (Boutami fig. 4 - 82 located in layer 66, see also para. 0054), and second dielectric materials (Boutami fig. 4 - 74 located in layer 66, see also para. 0054) having a refractive index different from that of the first dielectric material (Boutami para. 0054), and periodically arranged at intervals in the first dielectric material (Boutami fig. 4 - 74 arranged periodically at intervals in 82), to form a first pattern (Boutami fig. 4 - blue center pattern in 66), and
wherein each of the plurality of lower pattern films (Boutami fig. 4 - 64) comprises: a third dielectric material (Boutami fig. 4 - 84 located in layer 64, see also para. 0054), and fourth dielectric materials (Boutami fig. 4 - 76 located in layer 64, see also para. 0054) having a refractive index different from that of the third dielectric material (Boutami para. 0054) and periodically arranged at intervals in the third dielectric material (Boutami fig. 4 - 76 is arranged periodically at intervals in 84, see also para. 0054), to form a second pattern (Boutami fig. 4 - green filter pattern in 64), the second pattern corresponding to a first center wavelength (Boutami fig. 4 - 84 and 76 in the green filter section of 64) being different from the first pattern corresponding to the first center wavelength (Boutami fig. 4 - 82 and 74 in the blue filter section of 66).
Regarding claim 2, Boutami teaches the spectral filter of claim 1, and Boutami further teaches wherein the plurality of cavities (66) have a same thickness and the plurality of lower pattern films have a same thickness (Boutami para. 0080 – 64 and 66 are 80 nm).
Regarding claim 3, Boutami teaches the spectral filter of claim 2, and Boutami further teaches wherein each of the plurality of cavities (66) has a thickness of from about 50 nm to about 400 nm (Boutami para. 0080 – 66 is 80 nm).
Regarding claim 12, Boutami teaches the spectral filter of claim 1, and Boutami further teaches wherein the first metal reflective layer (68) and the second metal reflective layer (72) comprise a same metal material (Boutami para. 0080 - Au).
Regarding claim 13, Boutami teaches the spectral filter of claim 12, and Boutami further teaches wherein each of the first metal reflective layer (68) and the second metal reflective layer (72) comprises Al, Ag, Au, Cu, Ti, W, or TiN (Boutami para. 0080 - Au).
Regarding claim 15, Boutami teaches the spectral filter of claim 1, and Boutami further teaches wherein the first metal reflective layer (68) and the second metal reflective layer (72) has a thickness from about 10 nm to about 80 nm (Boutami para. 0080 – 40 nm).
Regarding claim 25, Boutami teaches an image sensor comprising:
a pixel array comprising a plurality of pixels (Boutami para. 0040 – a plane detector circuit comprising an array of photosensitive elements); and
a spectral filter arranged in the pixel array (Boutami para. 0040 – the Fabry-Perot cavities are arranged above each photosensitive element), wherein the spectral filter comprises:
a first metal reflective layer (Boutami fig. 4 - 68, see also para. 0053);
a second metal reflective layer (Boutami fig. 4 - 72, see also para. 0053) provided above the first metal reflective layer (Boutami fig. 4 shows 72 disposed above 68);
a plurality of cavities (Boutami fig. 4 - 66) provided between the first metal reflective layer (68) and the second metal reflective layer (Boutami fig. 4 - 66 is disposed between 68 and 72), the plurality of cavities (66) comprising first patterns respectively corresponding to different center wavelengths (Boutami fig. 4 - 66 includes zones 74, 76, and 78 corresponding to different central wavelengths); and
a plurality of lower pattern films (Boutami fig. 4 - 64) provided below the first metal reflective layer (Boutami fig. 4 - 64 is provided below 68), the plurality of lower pattern films (64) comprising second patterns respectively corresponding to the different center wavelengths (Boutami fig. 4 - 64 includes zones 74, 76, and 78 corresponding to different central wavelengths),
wherein each of the plurality of cavities (Boutami fig. 4 - 66) comprises: a first dielectric material (Boutami fig. 4 - 82 located in layer 66, see also para. 0054), and second dielectric materials (Boutami fig. 4 - 74 located in layer 66, see also para. 0054) having a refractive index different from that of the first dielectric material (Boutami para. 0054), and periodically arranged at intervals in the first dielectric material (Boutami fig. 4 - 74 arranged periodically at intervals in 82), to form a first pattern (Boutami fig. 4 - blue center pattern in 66), and
wherein each of the plurality of lower pattern films (Boutami fig. 4 - 64) comprises: a third dielectric material (Boutami fig. 4 - 84 located in layer 64, see also para. 0054), and fourth dielectric materials (Boutami fig. 4 - 76 located in layer 64, see also para. 0054) having a refractive index different from that of the third dielectric material (Boutami para. 0054) and periodically arranged at intervals in the third dielectric material (Boutami fig. 4 - 76 is arranged periodically at intervals in 84, see also para. 0054), to form a second pattern (Boutami fig. 4 - green filter pattern in 64), the second pattern corresponding to a first center wavelength (Boutami fig. 4 - 84 and 76 in the green filter section of 64) being different from the first pattern corresponding to the first center wavelength (Boutami fig. 4 - 82 and 74 in the blue filter section of 66).
Regarding claim 27, Boutami teaches the image sensor of claim 25, and Boutami further teaches wherein the plurality of cavities (66) have a same thickness and the plurality of lower pattern films (64) have a same thickness (Boutami para. 0080 – 64 and 66 are 80 nm).
Regarding claim 31, Boutami teaches the image sensor of claim 25, and Boutami further teaches wherein the first metal reflective layer (68) and the second metal reflective layer (72) comprise a same metal material (Boutami para. 0080 - Au).
Regarding claim 37, Boutami teaches an electronic device comprising an image sensor (Boutami para. 0021 – a camera), wherein the image sensor comprises:
a pixel array comprising a plurality of pixels (Boutami para. 0040 – a plane detector circuit comprising an array of photosensitive elements); and
a spectral filter arranged in the pixel array (Boutami para. 0040 – the Fabry-Perot cavities are arranged above each photosensitive element), wherein the spectral filter comprises:
a first metal reflective layer (Boutami fig. 4 - 68, see also para. 0053);
a second metal reflective layer (Boutami fig. 4 - 72, see also para. 0053) provided above the first metal reflective layer (Boutami fig. 4 shows 72 disposed above 68);
a plurality of cavities (Boutami fig. 4 - 66) provided between the first metal reflective layer (68) and the second metal reflective layer (Boutami fig. 4 - 66 is disposed between 68 and 72), the plurality of cavities (66) comprising first patterns respectively corresponding to different center wavelengths (Boutami fig. 4 - 66 includes zones 74, 76, and 78 corresponding to different central wavelengths); and
a plurality of lower pattern films (Boutami fig. 4 - 64) provided below the first metal reflective layer (Boutami fig. 4 - 64 is provided below 68), the plurality of lower pattern films (64) comprising second patterns respectively corresponding to the different center wavelengths (Boutami fig. 4 - 64 includes zones 74, 76, and 78 corresponding to different central wavelengths),
wherein each of the plurality of cavities (Boutami fig. 4 - 66) comprises: a first dielectric material (Boutami fig. 4 - 82 located in layer 66, see also para. 0054), and second dielectric materials (Boutami fig. 4 - 74 located in layer 66, see also para. 0054) having a refractive index different from that of the first dielectric material (Boutami para. 0054), and periodically arranged at intervals in the first dielectric material (Boutami fig. 4 - 74 arranged periodically at intervals in 82), to form a first pattern (Boutami fig. 4 - blue center pattern in 66), and
wherein each of the plurality of lower pattern films (Boutami fig. 4 - 64) comprises: a third dielectric material (Boutami fig. 4 - 84 located in layer 64, see also para. 0054), and fourth dielectric materials (Boutami fig. 4 - 76 located in layer 64, see also para. 0054) having a refractive index different from that of the third dielectric material (Boutami para. 0054) and periodically arranged at intervals in the third dielectric material (Boutami fig. 4 - 76 is arranged periodically at intervals in 84, see also para. 0054), to form a second pattern (Boutami fig. 4 - green filter pattern in 64), the second pattern corresponding to a first center wavelength (Boutami fig. 4 - 84 and 76 in the green filter section of 64) being different from the first pattern corresponding to the first center wavelength (Boutami fig. 4 - 82 and 74 in the blue filter section of 66).
Regarding claim 38, Boutami teaches the electronic device of claim 37, and Boutami further teaches wherein the electronic device comprises at least one of a mobile phone, a smartphone, a tablet, a smart tablet, a digital camera, a camcorder, a notebook computer, a television, a smart television, a smart refrigerator, a security camera, or a medical camera (Boutami para. 0021 – a camera).
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 4, 9, 11, 14, 21, 28, 34 are rejected under 35 U.S.C. 103 as being unpatentable over Boutami as applied to claims 1, 12, and 25 above, further in view of Frey et. al US 20170059754 (hereinafter “Frey” of record).
Regarding claim 4, Boutami teaches the spectral filter of claim 1.
Boutami does not teach each of the plurality of lower pattern films has a thickness of from about 100 nm to about 1,000 nm.
In the same field of endeavor, Frey teaches each of the plurality of lower pattern films (Frey fig. 3 – 110.1) has a thickness of from about 100 nm to about 1,000 nm (Frey para. 0152 – 110 has a thickness of 105 nm) for the purpose of allowing the refractive index of the structured layer to vary between filters (Frey para. 0122). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have lower pattern films with a thickness from about 100 nm to 1,000 nm as taught by Frey in the spectral filter of Boutami in order to allow the refractive index of the structured layer to vary from one filter to another (Frey para. 0122).
Regarding claim 9, Boutami teaches the spectral filter of claim 1, and Boutami further teaches the plurality of cavities (66).
Boutami does not teach an etch stop layer.
In the same field of endeavor, Frey teaches wherein each of the plurality of cavities (Frey fig. 3 - 114.2) further comprises an etch stop layer (Frey fig. 3 – 116 between 110.1 and 110.2, see also para. 0124) for the purpose of protecting the structured layer of the first Fabry-Perot cavity of the first interference filter (Frey para. 0050). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have an etch stop layer as taught by Frey in the spectral filter of Boutami in order to protect the structured layer of the first Fabry-Perot cavity of the first interference filter (Frey para. 0050).
Regarding claim 11, Boutami teaches spectral filter of claim 1, and Boutami further teaches the plurality of lower pattern films (64).
Boutami does not teach an etch stop layer.
and Frey further teaches wherein each of the plurality of lower pattern films (Frey fig. 3 - 114.1) further comprises an etch stop layer (Frey fig. 3 – 116 between 110.1 and 110.2, see also para. 0124) for the purpose of protecting the structured layer of the first Fabry-Perot cavity of the first interference filter (Frey para. 0050). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have an etch stop layer as taught by Frey in the spectral filter of Boutami in order to protect the structured layer of the first Fabry-Perot cavity of the first interference filter (Frey para. 0050).
Regarding claim 14, Boutami teaches the spectral filter of claim 12, and Boutami further teaches the first metal reflective layer (68) and the second metal reflective layer (72).
Boutami does not teach wherein at least one of the first metal reflective layer and the second metal reflective layer further comprises poly-Si.
In the same field of endeavor, Frey teaches wherein at least one of the first metal reflective layer (Frey fig. 3 - 108) and the second metal reflective layer (Frey fig. 3 - 118) further comprises poly-Si (Frey para. 0007 and 0058 – material such as polycrystalline silicon makes it possible to absorb some wavelengths transmitted at order 2 of the cavity) for the purpose of absorbing some wavelengths transmitted at order 2 of the Fabry-Perot cavity of the second interference filter (Frey para. 0058). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have poly-Si in at least one of the metal reflectors as taught by Frey in the spectral filter of Boutami in order to absorb some wavelengths transmitted at order 2 of the Fabry-Perot cavity of the second interference filter (Frey para. 0058).
Regarding claim 21, Boutami teaches the spectral filter of claim 1.
Boutami does not teach further comprising a plurality of microlenses or a plurality of nanopatterns provided above the second metal reflective layer.
In the same field of endeavor, Frey teaches further comprising a plurality of microlenses or a plurality of nanopatterns provided above the second metal reflective layer (Frey para. 0205 – the image sensor may include microlenses) for the purpose of allowing the filter and image sensor to work with multiple devices (Frey para. 0205). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have a plurality of microlenses as taught by Frey in the spectral filter of Boutami in order to allow the filter and image sensor to work with multiple devices (Frey para. 0205).
Regarding claim 28, Boutami teaches the image sensor of claim 25, and Boutami further teaches wherein each of the plurality of cavities has a thickness of from about 50 nm to about 400 nm (Boutami para. 0080 – 80 nm).
Boutami does not teach each of the plurality of lower pattern films has a thickness of from about 100 nm to about 1,000 nm.
In the same field of endeavor, Frey teaches each of the plurality of lower pattern films (Frey fig. 3 – 110.1) has a thickness of from about 100 nm to about 1,000 nm (Frey para. 0152 – 110 has a thickness of 105 nm) for the purpose of allowing the refractive index of the structured layer to vary between filters (Frey para. 0122). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have lower pattern films with a thickness from about 100 nm to 1,000 nm as taught by Frey in the image sensor of Boutami in order to allow the refractive index of the structured layer to vary from one filter to another (Frey para. 0122).
Regarding claim 34, Boutami teaches the image sensor of claim 25.
Boutami does not teach wherein the spectral filter further comprises a plurality of microlenses or a plurality of nanopatterns provided above the second metal reflective layer.
In the same field of endeavor, Frey teaches wherein the spectral filter further comprises a plurality of microlenses or a plurality of nanopatterns provided above the second metal reflective layer (Frey para. 0205 – the image sensor may include microlenses) for the purpose of allowing the filter and image sensor to work with multiple devices (Frey para. 0205). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have a plurality of microlenses as taught by Frey in the spectral filter of Boutami in order to allow the filter and image sensor to work with multiple devices (Frey para. 0205).
Claims 16 and 32 are rejected under 35 U.S.C. 103 as being unpatentable over Boutami as applied to claim 1 above, and further in view of Moriya US 20050142464 (hereinafter “Moriya” of record).
Regarding claim 16, Boutami teaches the spectral filter of claim 1, and Boutami further teaches the second metal reflective layer (72).
Boutami does not teach further comprising a plurality of upper films provided on the second metal reflective layer, the plurality of upper films having different thicknesses respectively corresponding to the different center wavelengths.
In the same field of endeavor, Moriya teaches further comprising a plurality of upper films (Moriya fig. 1 - 4), the plurality of upper films (4) having different thicknesses respectively corresponding to the different center wavelengths (Moriya fig. 1 – 4 has different thickness corresponding to R, G, B, see also para. 0070) for the purpose of varying the color of each color pattern in the color filter layer (Moriya para. 0070). It would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to have a plurality of upper films having different thicknesses as taught by Moriya in the spectral filter of Boutami in order to vary the color of each color pattern in the color filter layer (Moriya para. 0070).
Regarding claim 32, Boutami teaches the image sensor of claim 25, and Boutami further teaches the second metal reflective layer (72).
Boutami does not teach further comprising a plurality of upper films provided on the second metal reflective layer, the plurality of upper films having different thicknesses respectively corresponding to the different center wavelengths.
In the same field of endeavor, Moriya teaches further comprising a plurality of upper films (Moriya fig. 1 - 4), the plurality of upper films (4) having different thicknesses respectively corresponding to the different center wavelengths (Moriya fig. 1 – 4 has different thickness corresponding to R, G, B, see also para. 0070) for the purpose of varying the color of each color pattern in the color filter layer (Moriya para. 0070). It would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to have a plurality of upper films having different thicknesses as taught by Moriya in the image sensor of Boutami in order to vary the color of each color pattern in the color filter layer (Moriya para. 0070).
Claims 22-23 and 35 are rejected under 35 U.S.C. 103 as being unpatentable over Boutami as applied to claims 1 and 25 above, and further in view of Chen et. al US 20070217045 (hereinafter “Chen” of record).
Regarding claim 22, Boutami teaches the spectral filter of claim 1.
Boutami does not teach further comprising an additional filter provided above the second metal reflective layer and only transmitting light of a certain wavelength band.
In the same field of endeavor, Chen teaches wherein the spectral filter further comprises an additional filter (Chen fig. 5 - 24) provided above the second metal reflective layer (Chen fig. 5 - 18) and only transmitting light of a certain wavelength band (Chen fig. 5 – 24 is disposed on 18, see also para. 0025) for the purpose of eliminating undesired peaks in the output spectrum (Chen para. 0025). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have an additional filter as taught by Chen in the spectral filter of Boutami in order to eliminate undesired peaks in the output spectrum (Chen para. 0025).
Regarding claim 23, Boutami and Chen teach the spectral filter of claim 22, and Chen further teaches wherein the additional filter comprises a color filter or a broadband filter (Chen para. 0025).
Regarding claim 35, Boutami teaches the image sensor of claim 25.
Boutami does not teach wherein the spectral filter further comprises an additional filter provided above the second metal reflective layer and only transmitting light of a certain wavelength band.
In the same field of endeavor, Chen teaches wherein the spectral filter further comprises an additional filter (Chen fig. 5 - 24) provided above the second metal reflective layer (Chen fig. 5 - 18) and only transmitting light of a certain wavelength band (Chen fig. 5 – 24 is disposed on 18, see also para. 0025) for the purpose of eliminating undesired peaks in the output spectrum (Chen para. 0025). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have an additional filter as taught by Chen in the image sensor of Boutami in order to eliminate undesired peaks in the output spectrum (Chen para. 0025).
Claim 24 is rejected under 35 U.S.C. 103 as being unpatentable over Boutami as applied to claim 1 above, and further in view of Sumi et. al US 20190297278 (hereinafter “Sumi” of record).
Regarding claim 24, Boutami teaches the spectral filter of claim 1, and Boutami further teaches the second metal reflective layer (72).
Boutami does not teach further comprising a short wavelength absorption filter provided in a portion of the second metal reflective layer and a long wavelength cut-off filter provided in another portion of the second metal reflective layer.
In the same field of endeavor, Sumi teaches further comprising a short wavelength absorption filter provided in a portion of the second metal reflective layer and a long wavelength cut-off filter provided in another portion of the second metal reflective layer (Sumi para. 0095-0097 – a near infrared cut filter for absorbing near infrared light in a specific wavelength range is provided with color filters 21R, 21G, and 21B) for the purpose of absorbing infrared light of specific wavelengths (Sumi para. 0097). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have a short wavelength absorption filter and a long wavelength absorption filter disposed on portions of the second metal reflector as taught by Sumi in the spectral filter of Boutami in order to absorb infrared light of specific wavelengths (Sumi para. 0097).
Claim 26 is rejected under 35 U.S.C. 103 as being unpatentable over Boutami as applied to claim 25 above, and further in view of Yokogawa US 20180090531 (hereinafter “Yokogawa” of record).
Regarding claim 26, Boutami teaches the image sensor of claim 25.
Boutami does not teach wherein each of the plurality of pixels included in the pixel array comprises a wiring layer, in which a driving circuit is provided, and a photodiode provided in the wiring layer.
In the same field of endeavor, Yokogawa teaches wherein each of the plurality of pixels included in the pixel array comprises a wiring layer (Yokogawa fig. 5 - 505), in which a driving circuit is provided (Yokogawa para. 0215-0217 – an actuator for the image sensor as in fig. 5 which drives the image sensor), and a photodiode provided in the wiring layer (Yokogawa fig. 5 – 504 provided on 505, see also para. 0126 and 0134) for the purpose of reading the signal charge accumulated in the photodiode (Yokogawa para. 0134). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have a wiring layer, driving circuit, and photodiode as taught by Yokogawa in the image sensor of Boutami in order to read the signal charge accumulated in the photodiode (Yokogawa para. 0134).
Claim 36 is rejected under 35 U.S.C. 103 as being unpatentable over Boutami as applied to claim 25 above, and further in view of Cho US 20050237846 (hereinafter “Cho” of record).
Regarding claim 36, Boutami teaches the image sensor of claim 25.
Boutami does not teach further comprising a timing controller, a row decoder, and an output circuit.
In the same field of endeavor, Cho teaches further comprising a timing controller, a row decoder, and an output circuit (see Cho abstract) for the purpose of controlling exposure time substantially without increasing the layout area (Cho para. 0015). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have an image sensor with a timing controller, row decoder, and an output circuit as taught by Cho in the image sensor of Boutami in order to control exposure time substantially without increasing the layout area (Cho para. 0015).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Boutami et. al US Patent 8,933,389, patent of Boutami et. al US 20110290982;
Frey et. al US Patent 10,571,612, patent of Frey et. al US 20170059754;
Lee et. al US 20190016091, teaches a similar optical filter to the instant application.
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 ELIZABETH M HALL whose telephone number is (703)756-5795. The examiner can normally be reached Mon-Fri 9-5:30 pm PST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ricky Mack can be reached at (571)272-2333. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ELIZABETH M HALL/ Examiner, Art Unit 2872
/RICKY L MACK/Supervisory Patent Examiner, Art Unit 2872