Prosecution Insights
Last updated: May 29, 2026
Application No. 17/880,187

SPECTRAL FILTER, AND IMAGE SENSOR AND ELECTRONIC DEVICE INCLUDING THE SPECTRAL FILTER

Final Rejection §103
Filed
Aug 03, 2022
Priority
Sep 30, 2021 — RE 10-2021-0130289 +1 more
Examiner
HALL, ELIZABETH MARY CAMPBEL
Art Unit
2872
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Samsung Electronics Co., Ltd.
OA Round
3 (Final)
66%
Grant Probability
Favorable
4-5
OA Rounds
0m
Est. Remaining
83%
With Interview

Examiner Intelligence

Grants 66% — above average
66%
Career Allowance Rate
21 granted / 32 resolved
-2.4% vs TC avg
Strong +17% interview lift
Without
With
+17.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
18 currently pending
Career history
74
Total Applications
across all art units

Statute-Specific Performance

§103
84.4%
+44.4% vs TC avg
§102
2.1%
-37.9% vs TC avg
§112
12.1%
-27.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 32 resolved cases

Office Action

§103
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . 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. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 4/8/2026 has been entered. 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. Information Disclosure Statement The information disclosure statement(s) filed on 2/2/2026 has been acknowledged and considered by the examiner. Initialed copies of supplied IDS(s) forms are included in this correspondence. 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 1-3, 12-13, 15, 25, 27, 31, 37-38 are rejected under 35 U.S.C. 103 as being unpatentable over Boutami et. al US 20110290982 (hereinafter “Boutami” of record) in view of Arbabi et. al US 20200052027 (hereinafter “Arbabi”). 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 corresponding one of the first patterns (Boutami fig. 4 - blue center pattern in 66), 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 corresponding one of the second patterns (Boutami fig. 4 - green filter pattern in 64). Boutami does not teach wherein each of the different center wavelengths corresponds to a pair of a first pattern and a second pattern, among the first patterns and the second patterns, and the first pattern and the second pattern, included in the pair and corresponding to the same center wavelength, are different from each other. In a similar field of endeavor, Arbabi teaches wherein each of the different center wavelengths (Arbabi fig. 21 -   λ 1 ,   λ 2 ,   λ 3 ) corresponds to a pair of a first pattern and a second pattern (Arbabi fig. 21 – 711 and 716, 721 and 726, 731 and 736 respectively, see also para. 0095 and 0164-0168), among the first patterns (Arbabi fig. 21 – 711, 721, 731) and the second patterns (Arbabi fig. 21 – 716, 726, 736), and the first pattern (711) and the second pattern (716), included in the pair (Arbabi fig. 21, see also para. 0165) and corresponding to the same center wavelength (Arbabi fig. 21 – 711 and 716 correspond to λ 1 ), are different from each other (Arbabi fig. 21, which shows 711 and 716 are different from each other, see also para. 0095) for the purpose of easily implementing appropriate dispersion performance when concentrating light of a desired wavelength band (Arbabi para. 0168). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have each of the different center wavelengths corresponds to a pair of a first pattern and a second pattern, among the first patterns and the second patterns, and the first pattern and the second pattern, included in the pair and corresponding to the same center wavelength, are different from each other as taught by Arbabi in the spectral filter of Boutami in order to easily implement appropriate dispersion performance when concentrating light of a desired wavelength band (Arbabi para. 0168). Regarding claim 2, Boutami and Arbabi teach 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 and Arbabi teach 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 and Arbabi teach 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 and Arbabi teach 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 and Arbabi teach 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 corresponding one of the first patterns (Boutami fig. 4 - blue center pattern in 66), 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 corresponding one of the second patterns (Boutami fig. 4 - green filter pattern in 64). Boutami does not teach wherein each of the different center wavelengths corresponds to a pair of a first pattern and a second pattern, among the first patterns and the second patterns, and the first pattern and the second pattern, included in the pair and corresponding to the same center wavelength, are different from each other. In a similar field of endeavor, Arbabi teaches wherein each of the different center wavelengths (Arbabi fig. 21 -   λ 1 ,   λ 2 ,   λ 3 ) corresponds to a pair of a first pattern and a second pattern (Arbabi fig. 21 – 711 and 716, 721 and 726, 731 and 736 respectively, see also para. 0095 and 0164-0168), among the first patterns (Arbabi fig. 21 – 711, 721, 731) and the second patterns (Arbabi fig. 21 – 716, 726, 736), and the first pattern (711) and the second pattern (716), included in the pair (Arbabi fig. 21, see also para. 0165) and corresponding to the same center wavelength (Arbabi fig. 21 – 711 and 716 correspond to λ 1 ), are different from each other (Arbabi fig. 21, which shows 711 and 716 are different from each other, see also para. 0095) for the purpose of easily implementing appropriate dispersion performance when concentrating light of a desired wavelength band (Arbabi para. 0168). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have each of the different center wavelengths corresponds to a pair of a first pattern and a second pattern, among the first patterns and the second patterns, and the first pattern and the second pattern, included in the pair and corresponding to the same center wavelength, are different from each other as taught by Arbabi in the spectral filter of Boutami in order to easily implement appropriate dispersion performance when concentrating light of a desired wavelength band (Arbabi para. 0168). Regarding claim 27, Boutami and Arbabi teach 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 and Arbabi teach 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); 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 corresponding one of the first patterns (Boutami fig. 4 - blue center pattern in 66), 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 corresponding one of the second patterns (Boutami fig. 4 - green filter pattern in 64). Boutami does not teach wherein each of the different center wavelengths corresponds to a pair of a first pattern and a second pattern, among the first patterns and the second patterns, and the first pattern and the second pattern, included in the pair and corresponding to the same center wavelength, are different from each other. In a similar field of endeavor, Arbabi teaches wherein each of the different center wavelengths (Arbabi fig. 21 -   λ 1 ,   λ 2 ,   λ 3 ) corresponds to a pair of a first pattern and a second pattern (Arbabi fig. 21 – 711 and 716, 721 and 726, 731 and 736 respectively, see also para. 0095 and 0164-0168), among the first patterns (Arbabi fig. 21 – 711, 721, 731) and the second patterns (Arbabi fig. 21 – 716, 726, 736), and the first pattern (711) and the second pattern (716), included in the pair (Arbabi fig. 21, see also para. 0165) and corresponding to the same center wavelength (Arbabi fig. 21 – 711 and 716 correspond to λ 1 ), are different from each other (Arbabi fig. 21, which shows 711 and 716 are different from each other, see also para. 0095) for the purpose of easily implementing appropriate dispersion performance when concentrating light of a desired wavelength band (Arbabi para. 0168). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have each of the different center wavelengths corresponds to a pair of a first pattern and a second pattern, among the first patterns and the second patterns, and the first pattern and the second pattern, included in the pair and corresponding to the same center wavelength, are different from each other as taught by Arbabi in the spectral filter of Boutami in order to easily implement appropriate dispersion performance when concentrating light of a desired wavelength band (Arbabi para. 0168). Regarding claim 38, Boutami and Arbabi teach 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). Claims 4, 9, 11, 14, 21, 28, 34 are rejected under 35 U.S.C. 103 as being unpatentable over Boutami and Arbabi 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 and Arbabi teach the spectral filter of claim 1. Boutami and Arbabi do 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 and Arbabi teach the spectral filter of claim 1, and Boutami further teaches the plurality of cavities (66). Boutami and Arbabi do 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 and Arbabi teach spectral filter of claim 1, and Boutami further teaches the plurality of lower pattern films (64). Boutami and Arbabi do 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 and Arbabi teach the spectral filter of claim 12, and Boutami further teaches the first metal reflective layer (68) and the second metal reflective layer (72). Boutami and Arbabi do 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 and Arbabi teach the spectral filter of claim 1. Boutami and Arbabi do 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 and Arbabi teach 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 and Arbabi do 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 and Arbabi teach the image sensor of claim 25. Boutami and Arbabi do 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 and Arbabi as applied to claim 1 above, and further in view of Moriya US 20050142464 (hereinafter “Moriya” of record). Regarding claim 16, Boutami and Arbabi teach the spectral filter of claim 1, and Boutami further teaches the second metal reflective layer (72). Boutami and Arbabi do 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 and Arbabi teach the image sensor of claim 25, and Boutami further teaches the second metal reflective layer (72). Boutami and Arbabi do 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 and Arbabi 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 and Arbabi teach the spectral filter of claim 1. Boutami and Arbabi do 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 and Arbabi teach the image sensor of claim 25. Boutami and Arbabi do 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 and Arbabi as applied to claim 1 above, and further in view of Sumi et. al US 20190297278 (hereinafter “Sumi” of record). Regarding claim 24, Boutami and Arbabi teach the spectral filter of claim 1, and Boutami further teaches the second metal reflective layer (72). Boutami and Arbabi do 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 and Arbabi as applied to claim 25 above, and further in view of Yokogawa US 20180090531 (hereinafter “Yokogawa” of record). Regarding claim 26, Boutami and Arbabi teach the image sensor of claim 25. Boutami and Arbabi do 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 and Arbabi as applied to claim 25 above, and further in view of Cho US 20050237846 (hereinafter “Cho” of record). Regarding claim 36, Boutami and Arbabi teach the image sensor of claim 25. Boutami and Arbabi do 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. Arbabi et. al US patent 10,790,325, patent of Arbabi et. al US 20200052027; Arbabi et. al US 20190191144 and US Patent 11,089,286, similar to Arbabi as cited in rejection; Han et. al US 20200174163 and US 20200264343, teach meta lenses with similar distribution of dielectric materials to the instant application. 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 /ZACHARY W WILKES/ Primary Examiner, Art Unit 2872
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Prosecution Timeline

Show 4 earlier events
Oct 08, 2025
Applicant Interview (Telephonic)
Oct 14, 2025
Response Filed
Feb 09, 2026
Final Rejection mailed — §103
Mar 31, 2026
Applicant Interview (Telephonic)
Mar 31, 2026
Examiner Interview Summary
Apr 08, 2026
Request for Continued Examination
Apr 17, 2026
Response after Non-Final Action
Apr 30, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12631871
CONTROL SYSTEM, OPTICAL DEFLECTION APPARATUS, IMAGE PROJECTION APPARATUS, MOBILE OBJECT, AND HEAD-MOUNTED DISPLAY
2y 10m to grant Granted May 19, 2026
Patent 12578620
OPTICAL ELEMENT DRIVING MECHANISM
3y 2m to grant Granted Mar 17, 2026
Patent 12504609
OPTICAL SYSTEM AND CAMERA MODULE COMPRISING SAME
3y 2m to grant Granted Dec 23, 2025
Patent 12505944
OPTICAL ELEMENT DRIVING MECHANISM
3y 2m to grant Granted Dec 23, 2025
Patent 12498549
ZOOM LENS AND IMAGING APPARATUS
3y 7m to grant Granted Dec 16, 2025
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

4-5
Expected OA Rounds
66%
Grant Probability
83%
With Interview (+17.0%)
3y 2m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 32 resolved cases by this examiner. Grant probability derived from career allowance rate.

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