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 1-2, 4, 7-11, 18-21, 27-28 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 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 1-2, 4, 7-11, 20-21, 27-28 are rejected under 35 U.S.C. 103 as being unpatentable over Cheng et. al US 20190348455 (hereinafter “Cheng”) of record, in view of Ahmed et. al US 20190033683 (hereinafter “Ahmed”), Boutami et. al US 20110290982 (hereinafter “Boutami”) of record, and Park et. al US 20180203170 (hereinafter “Park”) of record.
Regarding claim 1, Cheng teaches an optical filter (Cheng fig. 9 - 116) comprising:
a spectral filter (Cheng fig. 9 - 120, 122, 124); and
a polarizing filter (Cheng fig. 9 - 610, see also para. 0048) provided on the same plane as the spectral filter in a horizontal direction with respect to the spectral filter (Cheng fig. 9 - the spectral filter 120, 122, and 124 are on the same horizontal plane as the polarizer 600),
wherein the spectral filter (120, 122, 124) comprises a plurality of spectral unit filters (see annotated Cheng fig. 9 below which shows multiple units having 116 which includes 120, 122, 124) having different central wavelengths (Cheng para. 0029 – 116 which includes 120, 122, and 124 can include various color filters having different central wavelengths),
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wherein the polarizing filter (610) comprises a plurality of polarization unit filters (Cheng fig. 9 - 600 within 610).
Cheng does not specify wherein each spectral unit filter of the plurality of spectral unit filters comprises a lower dielectric layer, a first cavity, and an upper dielectric layer provided in a vertical direction in that order, wherein the first cavity comprises a first dielectric with a first refractive index and a second dielectric with a second refractive index that is different from the first refractive index provided in the horizontal direction, and wherein the upper dielectric layer comprises a third dielectric with a third refractive index and a fourth dielectric with a fourth refractive index that is different from the third refractive index provided in the horizontal direction, however Cheng does teach a first cavity (Cheng fig. 9 – 120 which has a color filter disposed within it).
In the same field of endeavor, Ahmed teaches wherein each spectral unit filter of the plurality of spectral unit filters comprises a lower dielectric layer (Ahmed fig. 3 - B), a first cavity (Ahmed fig. 3 - G), and an upper dielectric layer (Ahmed fig. 3 - R) provided in a vertical direction in that order (Ahmed fig. 3), wherein the first cavity (G) comprises a first dielectric (Ahmed fig. 3 - 331) with a first refractive index (Ahmed para. 0026, 0029, 0047 – interface material selected based on index contrast) and a second dielectric (Ahmed fig. 3 - 321) with a second refractive index (Ahmad para. 0039-0040, table 1) different from the first refractive index provided in the horizontal direction (Ahmed fig. 3, see also abstract, para. 0026, 0039, 0047-0048), and wherein the upper dielectric layer (R) comprises a third dielectric (Ahmed fig. 3 - 332) with a third refractive index (Ahmed para. 0026, 0029, 0047 – interface material selected based on index contrast) and a fourth dielectric (Ahmed fig. 3 - 322) with a fourth refractive index (Ahmad para. 0039-0040, table 1) that is different from the third refractive index provided in the horizontal direction (Ahmed fig. 3, see also abstract, para. 0026, 0039, 0047-0048) for the purpose of allowing the index contrast to be independently tuned for each of the metasurface levels (Ahmed para. 0047). 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 lower dielectric layer, a first cavity, and an upper dielectric layer provided in a vertical direction in that order as taught by Ahmed in the optical filter of Cheng in order to allow the index contrast to be independently tuned for each of the metasurface levels (Ahmed para. 0047).
Cheng and Ahmed do not teach a lower metal reflector and an upper metal reflector in a vertical direction in that order, however Cheng does teach a lower metal reflector (Cheng fig. 9 - 122) and a first cavity (Cheng fig. 9 – 120 which has a color filter disposed within it).
In the same field of endeavor, Boutami teaches a lower dielectric layer (Boutami fig. 4 – 64, see also para. 0053), a lower metal reflector (Boutami fig. 4 - 68, see also para. 0053), a first cavity (Boutami fig. 4 – 66, see also para. 0053), and an upper metal reflector (Boutami fig. 4 - 72, see also para. 0053) in a vertical direction in that order (Boutami fig. 4) for the purpose of allowing the filter to adapt itself to a variable angle of incidence (Boutami para. 0044). 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 lower dielectric, a lower metal reflector, a first cavity, and an upper metal reflector in a vertical direction in that order as taught by Boutami in the optical filter of Cheng and Ahmed in order to allow the filter to adapt itself to a variable angle of incidence (Boutami para. 0044).
Cheng, Ahmed, and Boutami do not teach wherein the polarizing filter comprises a plurality of polarization unit filters having different central wavelengths.
In the same field of endeavor, Park teaches the polarizing filter (Park fig. 1a-b – 130 including 130a, 130b, 130c) comprises a plurality of polarization unit filters (Park fig. 1b - A1, A2, A3) having different central wavelengths (Park para. 0080) for the purpose of having varied duty cycles between the different semiconductor gratings (Park para. 0081). 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 polarization unit filters having different central wavelengths as taught by Park in the optical filter of Cheng, Ahmed, and Boutami in order to have varied duty cycles between semiconductor gratings (Park para. 0081).
Regarding claim 2, Cheng, Ahmed, Boutami, and Park teach the optical filter of claim 1, and Cheng further teaches wherein the spectral filter (120, 122, 124) comprises four or more spectral unit filters (Cheng fig. 9 - 120, 122, 124 at least two of each on either side of 610, plus fig. 1 shows that there are more layers and filters disposed – at least four of each, see also para. 0029) having different central wavelengths (Cheng para. 0028).
Regarding claim 4, Cheng, Ahmed, Boutami, and Park teach the optical filter of claim 1, and they further teach wherein an effective refractive index or a thickness of the first cavity (Cheng 120; Park para. 0076-0078) is adjusted based on the central wavelength of each of the spectral unit filters (Park para. 0018, 0069-0073, and 0081-0082 – the effective refractive index may be adjusted based on the duty cycles of the semiconductor gratings, and the duty cycles correspond to the central wavelength of the unit filters).
Regarding claim 7, Cheng, Ahmed, Boutami, and Park teach the optical filter of claim 1, and they further teach wherein an effective refractive index or a thickness of the lower dielectric layer (Cheng 124) and the upper dielectric layer (Cheng 126) is adjusted based on the central wavelength of each spectral unit filter of the plurality of spectral unit filters (Park para. 0018, 0069-0073, and 0081-0082 – the effective refractive index may be adjusted based on the duty cycles of the semiconductor gratings, and the duty cycles correspond to the central wavelength of the unit filters).
Regarding claim 8, Cheng, Ahmed, Boutami, and Park teach the optical filter of claim 1, and they further teach wherein the polarization unit filters (Park A1-A3) each comprise the lower metal reflector (Park 120), a second cavity provided on the lower metal reflector (120, see Park para. 0076-0078), and a polarizer (130 including 130a-c) provided on the second cavity (Park para. 0076-0078).
Regarding claim 9, Cheng, Ahmed, Boutami, and Park teach the optical filter of claim 8, and Cheng further teaches wherein the polarization unit filters each further comprise the lower dielectric layer (Cheng fig. 9 – 124 is deposited on 122, see also para. 0030) provided on the lower metal reflector (Cheng fig. 9 – shows 124 on 122 within 610).
Regarding claim 10, Cheng, Ahmed, Boutami, and Park teach the optical filter of claim 8, and Park further teaches wherein the polarizer comprises a metal grid (Park fig 1a-b shows a grid structure using semiconductor material).
Regarding claim 11, Cheng, Ahmed, Boutami, and Park teach the optical filter of claim 10, and they further teach wherein the upper metal reflector (Boutami 72) comprises a metal pattern (Park para. 0089) having the same thickness as the metal grid (Park para. 0017 and Boutami para. 0080 – Park’s semiconductor gratings range in thickness between 20nm and 60 nm, and Boutami’s 72 has a thickness of 40 nm, so they could have the same thickness as desired).
Regarding claim 20, Cheng teaches an optical filter (Cheng fig. 9 - 116) comprising:
a spectral filter (Cheng fig. 9 - 120, 122, 124); and
a plurality of polarizing filters (Cheng fig. 9 – 600 within 610, see also para. 0048) provided on the same plane as the spectral filter (Cheng fig. 9 - the spectral filter 120, 122, and 124 are on the same plane as the polarizer 600) and having different central wavelengths (Cheng para. 0029 – 116 which includes 120, 122, and 124 can include various color filters having different central wavelengths),
Cheng does not specify wherein each spectral unit filter of the plurality of spectral unit filters comprises a lower dielectric layer, a first cavity, and an upper dielectric layer provided in a vertical direction in that order, wherein the first cavity comprises a first dielectric with a first refractive index and a second dielectric with a second refractive index that is different from the first refractive index provided in the horizontal direction, and wherein the upper dielectric layer comprises a third dielectric with a third refractive index and a fourth dielectric with a fourth refractive index that is different from the third refractive index provided in the horizontal direction, however Cheng does teach a first cavity (Cheng fig. 9 – 120 which has a color filter disposed within it).
In the same field of endeavor, Ahmed teaches wherein the spectral filter comprises a lower dielectric layer (Ahmed fig. 3 - B), a first cavity (Ahmed fig. 3 - G), and an upper dielectric layer (Ahmed fig. 3 - R) provided in a vertical direction in that order (Ahmed fig. 3), wherein the first cavity (G) comprises a first dielectric (Ahmed fig. 3 - 331) with a first refractive index (Ahmed para. 0026, 0029, 0047 – interface material selected based on index contrast) and a second dielectric (Ahmed fig. 3 - 321) with a second refractive index (Ahmad para. 0039-0040, table 1) different from the first refractive index provided in the horizontal direction (Ahmed fig. 3, see also abstract, para. 0026, 0039, 0047-0048), and wherein the upper dielectric layer (R) comprises a third dielectric (Ahmed fig. 3 - 332) with a third refractive index (Ahmed para. 0026, 0029, 0047 – interface material selected based on index contrast) and a fourth dielectric (Ahmed fig. 3 - 322) with a fourth refractive index (Ahmad para. 0039-0040, table 1) that is different from the third refractive index provided in the horizontal direction (Ahmed fig. 3, see also abstract, para. 0026, 0039, 0047-0048) for the purpose of allowing the index contrast to be independently tuned for each of the metasurface levels (Ahmed para. 0047). 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 lower dielectric layer, a first cavity, and an upper dielectric layer provided in a vertical direction in that order as taught by Ahmed in the optical filter of Cheng in order to allow the index contrast to be independently tuned for each of the metasurface levels (Ahmed para. 0047).
Cheng and Ahmed do not teach wherein each of the plurality of filters comprises: the lower metal reflector; the first cavity provided on an upper surface of the lower metal reflector; and wherein the lower metal reflector, the first cavity are provided in a first vertical direction, that is perpendicular to the upper surface of the metal reflector, in that order, however Cheng does teach a lower metal reflector (Cheng fig. 9 - 122).
In the same field of endeavor, Boutami teaches the lower metal reflector (Boutami fig. 4 - 68, see also para. 0053); the first cavity provided on an upper surface of the lower metal reflector (Boutami fig. 4 - 66 is on an upper surface of 68); and wherein the lower metal reflector (68), the first cavity (66) are provided in a first vertical direction (Boutami fig. 4), that is perpendicular to the upper surface of the metal reflector (Boutami fig. 4 – 66 is on 68 in a vertical direction perpendicular to the upper surface of 68), in that order (Boutami fig. 4) for the purpose of allowing the filter to adapt itself to a variable angle of incidence (Boutami para. 0044). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have wherein each of the plurality of filters comprises: the lower metal reflector; the first cavity provided on an upper surface of the lower metal reflector; and wherein the lower metal reflector, the first cavity are provided in a first vertical direction, that is perpendicular to the upper surface of the metal reflector, in that order as taught by Boutami in the optical filter of Cheng and Ahmed in order to allow the filter to adapt itself to a variable angle of incidence (Boutami para. 0044).
Boutami does not teach a polarizer, however Boutami does teach second metal layer provided on an upper surface of the cavity (Boutami fig. 4 - 72 is disposed on an upper surface of 66).
In the same field of endeavor, Park teaches a polarizer (Park para. 0087 – the polarization layer can be defined as 130 and the cavities or have further polarizing means arranged on 130) provided on the cavity (Park para. 0087) for the purpose of reducing the variation of the resonance wavelength on the incident angle of the incident light-beam (Park para. 0087). 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 polarizer as taught by Park in the optical filter of Cheng, Ahmed, and Boutami in order to reduce the variation of the resonance wavelength on the incident angle of the incident light-beam (Park para. 0087). When the polarization layer of Park is arranged on 66 or 72 of Boutami, it would be on an upper surface of the first cavity in a first vertical direction, and the plurality of filters which Boutami teaches would be polarizing filters.
Regarding claim 21, Cheng, Ahmed, Boutami, and Park teach the optical filter of claim 20, and Park further teaches wherein the polarizer comprises a metal grid (Park fig. 1a-1b – 130 and 130a-c are arranged in a grid and are made of semiconductor material).
Regarding claim 27, Cheng teaches an electronic device comprising:
an image sensor (Cheng abstract, see also para. 0017-0018) comprising:
a pixel array comprising a plurality of pixels (Cheng fig. 9 – 104, see also para. 0026); and
an optical filter (Cheng fig. 9 - 116) provided on the pixel array (104, Cheng fig. 9 shows 116 provided on 104),
wherein the optical filter (116) comprises:
a spectral filter (Cheng fig. 9 - 120, 122, 124); and
a polarizing filter (Cheng fig. 9 - 600, see also para. 0048) provided on the same plane as the spectral filter (Cheng fig. 9 - the spectral filter 120, 122, and 124 are on the same horizontal plane as the polarizer 600),
wherein the spectral filter (120, 122, 124) comprises a plurality of spectral unit filters (120, 122, 124) having different central wavelengths (Cheng para. 0029 – 116 which includes 120, 122, and 124 can include various color filters having different central wavelengths), and
wherein the polarizing filter (600) comprises a plurality of polarization unit (Cheng fig. 9 - 600 within 610) filters.
Cheng does not specify wherein each spectral unit filter of the plurality of spectral unit filters comprises a lower dielectric layer, a first cavity, and an upper dielectric layer provided in a vertical direction in that order, wherein the first cavity comprises a first dielectric with a first refractive index and a second dielectric with a second refractive index that is different from the first refractive index provided in the horizontal direction, and wherein the upper dielectric layer comprises a third dielectric with a third refractive index and a fourth dielectric with a fourth refractive index that is different from the third refractive index provided in the horizontal direction, however Cheng does teach a first cavity (Cheng fig. 9 – 120 which has a color filter disposed within it).
In the same field of endeavor, Ahmed teaches wherein each spectral unit filter of the plurality of spectral unit filters comprises a lower dielectric layer (Ahmed fig. 3 - B), a first cavity (Ahmed fig. 3 - G), and an upper dielectric layer (Ahmed fig. 3 - R) provided in a vertical direction in that order (Ahmed fig. 3), wherein the first cavity (G) comprises a first dielectric (Ahmed fig. 3 - 331) with a first refractive index (Ahmed para. 0026, 0029, 0047 – interface material selected based on index contrast) and a second dielectric (Ahmed fig. 3 - 321) with a second refractive index (Ahmad para. 0039-0040, table 1) different from the first refractive index provided in the horizontal direction (Ahmed fig. 3, see also abstract, para. 0026, 0039, 0047-0048), and wherein the upper dielectric layer (R) comprises a third dielectric (Ahmed fig. 3 - 332) with a third refractive index (Ahmed para. 0026, 0029, 0047 – interface material selected based on index contrast) and a fourth dielectric (Ahmed fig. 3 - 322) with a fourth refractive index (Ahmad para. 0039-0040, table 1) that is different from the third refractive index provided in the horizontal direction (Ahmed fig. 3, see also abstract, para. 0026, 0039, 0047-0048) for the purpose of allowing the index contrast to be independently tuned for each of the metasurface levels (Ahmed para. 0047). 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 lower dielectric layer, a first cavity, and an upper dielectric layer provided in a vertical direction in that order as taught by Ahmed in the optical filter of Cheng in order to allow the index contrast to be independently tuned for each of the metasurface levels (Ahmed para. 0047).
Cheng and Ahmed do not teach a lower metal reflector and an upper metal reflector in a vertical direction in that order, however Cheng does teach a lower metal reflector (Cheng fig. 9 - 122).
In the same field of endeavor, Boutami teaches a lower dielectric layer (Boutami fig. 4 – 64, see also para. 0053), a lower metal reflector (Boutami fig. 4 - 68, see also para. 0053), a first cavity (Boutami fig. 4 – 66, see also para. 0053), and an upper metal reflector (Boutami fig. 4 - 72, see also para. 0053) in a vertical direction in that order (Boutami fig. 4) for the purpose of allowing the filter to adapt itself to a variable angle of incidence (Boutami para. 0044). 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 lower dielectric, a lower metal reflector, a first cavity, and an upper metal reflector in a vertical direction in that order as taught by Boutami in the optical filter of Cheng and Ahmed in order to allow the filter to adapt itself to a variable angle of incidence (Boutami para. 0044).
Cheng, Ahmed, and Boutami do not teach wherein the polarizing filter comprises a plurality of polarization unit filters having different central wavelengths.
In the same field of endeavor, Park teaches the polarizing filter (Park fig. 1a-b – 130 including 130a, 130b, 130c) comprises a plurality of polarization unit filters (Park fig. 1b - A1, A2, A3) having different central wavelengths (Park para. 0080) for the purpose of having varied duty cycles between the different semiconductor gratings (Park para. 0081). 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 polarization unit filters having different central wavelengths as taught by Park in the electronic device of Cheng, Ahmed, and Boutami in order to have varied duty cycles between semiconductor gratings (Park para. 0081).
Regarding claim 28, Cheng, Ahmed, Boutami, and Park teach the electronic device of claim 27, and they further teach wherein the electronic device comprises a mobile phone, a smart phone, a tablet, a smart tablet, a digital camera, a camcorder, a notebook computer, a television, a smart television, a smart refrigerator, a security camera, a robot, or a medical camera (Cheng para. 0002 and 0017 – semiconductor image sensor devices can be used in mobile phone camera applications).
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Cheng, Ahmed, Boutami, and Park as applied to claim 1 above, and in further view of Uesaka US 20190006407 (hereinafter “Uesaka”) of record.
Regarding claim 18, Cheng, Ahmed, Boutami, and Park teach the optical filter of claim 1.
Cheng, Ahmed, Boutami, and Park do not teach further comprising a reference filter provided on the same plane as the spectral filter and the polarizing filter.
In the same field of endeavor, Uesaka teaches further comprising a reference filter (Uesaka fig. 1 – 125, see also para. 0063) provided on the same plane as the spectral filter and the polarizing filter (Uesaka fig. 1 – shows 125 on the same plane as polarizer 124 and color filter 128 – where 128 is laminated onto 125 and 124 which puts all three on the same plane) for the purpose of enhancing the accuracy of detecting the polarization information and color information of each pixel (Uesaka para. 0063). 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 reference filter on the same plane as a spectral filter and a polarizing filter as taught by Uesaka in the optical filter of Cheng, Ahmed, Boutami, and Park in order to enhance the accuracy of the polarization information and color information detected from each pixel (Uesaka para. 0063).
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Cheng, Ahmed, Boutami, Park, and Uesaka as applied to claim 18 above, and in further view of Higashitani et. al US 10942304 (hereinafter “Higashitani”) of record.
Regarding claim 19, Cheng, Ahmed, Boutami, Park, and Uesaka teach the optical filter of claim 18.
Cheng, Ahmed, Boutami, Park, and Uesaka do not specify that the reference filter comprises at least one of a transparent filter and a black filter, however Uesaka does teach the utility of the light-shielding film in para. 0063. In the same field of endeavor, Higashitani teaches a black filter (Higashitani col. 6 lines 53-63) for the purpose of decreasing the light transmission factor in a visible-light region by a predetermined ratio (Higashitani col. 6 lines 53-55). 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 black filter as taught by Higashitani in the optical filter of Cheng, Ahmed, Boutami, Park, and Uesaka in order to decrease the light transmission factor in a visible-light region by a predetermined ratio (Higashitani col. 6 lines 53-55).
Conclusion
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.
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/ELIZABETH M HALL/Examiner, Art Unit 2872
/ZACHARY W WILKES/Primary Examiner, Art Unit 2872