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 .
Response to Arguments
Applicant’s arguments, see REMARKS, filed 12/05/2025, with respect to the rejection(s) of claim(s) 1-20 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made as detailed below.
Examiner Suggestion
Applicant’s claimed invention closely aligns with the disclosure of Sato et al (US 2021/0006756). Please review in detail and clarify with additional claim limitations the distinction of the claimed invention.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
Claim Rejections - 35 USC § 103
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.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1, 4-8, 11-14, & 16 are rejected under 35 U.S.C. 103 as being unpatentable over Sato et al. (US 2021/0006756) [Hereinafter Sato] & Imoto et al. (US 2019/0319058) [Hereinafter Imoto].
Regarding claim 1, Sato teaches A solid-state imaging device comprising:
a substrate having a major surface [fig. 28, semiconductor substrate 10, para 140];
a photodiode for near infrared light formed on the major surface and configured to detect near infrared light [fig. 28, photoelectric conversion part 11 under the vertically stacked 30R & 30B filter, para 140];
a stacked filter [fig. 28, red filter 30R & blue filter 30B, para 138] disposed on the photodiode for near infrared light and configured to remove visible light [para 226, “…by combining the R transmission filter and the B transmission filter, it is possible to more effectively block visible light and transmit infrared light.”],
wherein the stacked filter includes a first red filter [fig. 28, red filter 30R, para 138] configured to transmit red light and the near infrared light and remove light in a wavelength band other than the red light and the near infrared light [fig. 7 shows filtering characteristics],and
a first blue filter [fig. 28, blue filter 30B, para 138] configured to transmit blue light and the near infrared light and remove light in the wavelength band other than the blue light and the near infrared light [fig. 7 shows filtering characteristics], and
the first red filter and the first blue filter are stacked directly on and above the photodiode for near infrared light [Sato, annotated fig. 28],
a photodiode for red light formed on the major surface of the substrate [Sato, fig. 28, photoelectric conversion part 11 under 30R & 30IRA, para 140] and configured to detect red light [Sato, wherein filter 30R & 30IRA filter collectively transmit red light];
a photodiode for green light formed on the major surface [Sato, fig. 28, photoelectric conversion part 11 under 30G & 30IRA, para 140] and configured to detect green light [Sato, wherein filter 30G & 30IRA filter collectively transmit green light];
a photodiode for blue light [Sato, fig. 28, photoelectric conversion part 11 under 30B & 30IRA, para 140] formed on the major surface and configured to detect blue light [Sato, wherein filter 30B & 30IRA filter collectively transmit blue light]
a near infrared light cut filter [fig. 28, infrared light absorption filter Sato, 30IRA, para 225] stacked directly on and above the photodiode for red light [Sato, fig. 28, photoelectric conversion part 11 under 30R & 30IRA, para 140], the photodiode for green light [Sato, fig. 28, photoelectric conversion part 11 under 30G & 30IRA, para 140], and the photodiode for blue light [Sato, fig. 28, photoelectric conversion part 11 under 30B & 30IRA, para 140], and configured to remove near infrared light that is directed toward the photodiode for red light, the photodiode for green light and the photodiode for blue light [Sato, fig. 28, photoelectric conversion part 11]
a second red filter stacked directly on and above the near infrared light cut filter, and configured to transmit red light toward the photodiode for red light [Sato, annotated fig. 28, filter characteristics fig. 7];
a second green filter stacked directly on and above the near infrared light cut filter, and configured to transmit green light toward the photodiode for green light [Sato, annotated fig. 28, filter characteristics fig. 7]; and
a second blue filter stacked directly on and above the near infrared light cut filter, and configured to transmit blue light toward the photodiode for blue light [Sato, annotated fig. 28, filter characteristics fig. 7],
wherein the photodiode for near infrared light is configured to detect light in a wavelength band of about 800 nm to 1200 nm [Sato, filter characteristics fig. 7], and is vertically aligned with the stacked filter and not vertically aligned with the second red filter, the second green filter, and the second blue filter [Sato, annotated fig. 28],
the photodiode for red light is configured to detect light in a wavelength band of about 580 nm to 800 nm [Sato, filter characteristics fig. 7] and is vertically aligned with the second red filter and not vertically aligned with the stacked filter, the second green filter, and the second blue filter [Sato, annotated fig. 28],
the photodiode for green light is configured to detect light in a wavelength band of about 500 nm to 580 nm [Sato, filter characteristics fig. 7] and is vertically aligned with the second green filter and not vertically aligned with the stacked filter, the second red filter, and the second blue filter[Sato, annotated fig. 28], and
the photodiode for blue light is configured to detect light in a wavelength band of about 400 nm to 500 nm [Sato, filter characteristics fig. 7] and is vertically aligned with the second blue filter and not vertically aligned with the stacked filter, the second red filter, and the second green filter [Sato, annotated fig. 28].
Sato fails to explicitly disclose in fig. 28 a first green filter configured to transmit green light and the near infrared light and remove light in the wavelength band other than the green light and the near infrared light,
the first green filter stacked directly on and above the photodiode for near infrared light.
However, Sato discloses in para 226, “the filter of the infrared light pixel is configured by laminating two types of filters for visible light. Therefore, it is not necessary to form an infrared light transmission filter separately from the color filter. As the two types of laminated filters for visible light which are used in the infrared light pixel, any two types of filters among R, G, and B transmission filters can be used… Note that the filter for visible light used in the infrared light pixel is not limited to two types of laminated filters, and three or more types of filters for visible light may be laminated.”
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention for a first green filter configured to transmit green light and the near infrared light and remove light in the wavelength band other than the green light and the near infrared light, wherein the first green filter is stacked above the photodiode for near infrared light. Thereby simplifying manufacturing and improving the filtering of visible light as desired by Sato.
Sato fails to explicitly disclose a near infrared light cut filter stacked directly on and above the photodiode for red light, the photodiode for green light, and the photodiode for blue light.
Sato notes a flattening layer [Sato, fig. 28, flattening layer 20, para 140] between the color filters and the photodiode, wherein the color filters are directly on the flattening layer.
However, Imoto teaches wherein the flattening layer [fig. 1, flattening layer 12, para 57/59] is optional and may be omitted.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention for the flattening layer to be optional in the design of the imaging device, thereby the near infrared light cut filter stacked directly on the photodiode for red light, the photodiode for green light, and the photodiode for blue light to ensure accurate color reproduction and image clarity. Furthermore placement directly on or above the photodiode ensures that IR light, is eliminated before it can interfere with the device operation.
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SATO, ANNOTATED FIG. 28
Regarding claim 4, Sato/Imoto teaches The solid-state imaging device according to claim 1,
wherein the near infrared light cut filter (Sato, 30IRA) is integrally formed [Sato, fig. 28 illustrates integral formation].
Regarding claim 5, Sato/Imoto further teaches The solid-state imaging device according to claim 1,
wherein the first and second red filters have the same light filtering characteristics [Sato, fig. 28, wherein the first and second red filters are both 30R],
the first and second green filters have the same light filtering characteristics [Sato, para 226, “the filter of the infrared light pixel is configured by laminating two types of filters for visible light…as the two types of laminated filters for visible light which are used in the infrared light pixel, any two types of filters among R, G, and B transmission filters can be used…Note that the filter for visible light used in the infrared light pixel is not limited to two types of laminated filters, and three or more types of filters for visible light may be laminated”],
and the first and second blue filters have the same light filtering characteristics [Sato, fig. 28, wherein the first and second red filters are both 30B].
Regarding claim 6, Sato/Imoto teaches the solid-state imaging device according to claim 1,
wherein the first red filter is stacked directly on and above the photodiode for near infrared light,
the first green filter is stacked directly on and above the first red filter, and
the first blue filter is stacked directly on and above the first green filter. [Sato teaches in para 226, “ the arbitrary combinations…note that the filter for visible light used in the infrared light pixel is not limited to two types of laminated filters, and three or more types of filters for visible light may be laminated.”].
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention for the IR filter to comprise red, green, & blue filters wherein the order of the stacking color filters which comprise the IR light filter to be held as a design choice; the rearrangement of the color filters (rearrangement of parts) in Sato [fig. 28, para 226] which comprise the IR light filter is a matter of design choice, wherein MPEP 2144.04 states rearrangement of parts is held to be an obvious matter of design choice.
Regarding claim 7, Sato/Imoto teaches The solid-state imaging device according to claim 1, further comprising:
a plurality of additional photodiodes for near infrared light formed on the major surface and aligned along a first direction [Sato, fig. 29; para 114, wherein the pixel arrays are formed on a semiconductor substrate];
a plurality of additional photodiodes for red light formed on the major surface of the substrate, aligned along the first direction, and configured to detect red light [Sato, fig. 29; para 114, wherein the pixel arrays are formed on a semiconductor substrate];
a plurality of additional photodiodes for green light formed on the major surface, aligned along the first direction, and configured to detect green light [Sato, fig. 29; para 114, wherein the pixel arrays are formed on a semiconductor substrate];
and a plurality of additional photodiodes for blue light formed on the major surface, aligned along the first direction, and configured to detect blue light [Sato, fig. 29; para 114, wherein the pixel arrays are formed on a semiconductor substrate].
Regarding claim 8, Sato teaches An electronic device comprising:
a housing [fig. 1, image processing system 1, para 109];
a light source configured to emit light toward a subject [fig. 1, light source part 400, para 112];
a lens configured to converge light emitted from the light source unit and reflected by the subject [fig. 1, optical part (imaging lens) 300, para 111];
and a solid-state imaging device [fig. 1, imaging device 100, para 110] arranged to receive the light converged by the lens,
wherein the solid-state imaging device includes:
a substrate having a major surface [fig. 28, semiconductor substrate 10, para 140];
a photodiode for near infrared light formed on the major surface and configured to detect near infrared light [fig. 28, photoelectric conversion part 11 under the vertically stacked 30R & 30B filter, para 140];
a stacked filter [fig. 28, red filter 30R & blue filter 30B, para 138] disposed on the photodiode for near infrared light and configured to remove visible light [para 226, “…by combining the R transmission filter and the B transmission filter, it is possible to more effectively block visible light and transmit infrared light.”],
wherein the stacked filter includes a first red filter [fig. 28, red filter 30R, para 138] configured to transmit red light and the near infrared light and remove light in a wavelength band other than the red light and the near infrared light [fig. 7 shows filtering characteristics],and
a first blue filter [fig. 28, blue filter 30B, para 138] configured to transmit blue light and the near infrared light and remove light in the wavelength band other than the blue light and the near infrared light [fig. 7 shows filtering characteristics], and
the first red filter and the first blue filter are stacked directly on and above the photodiode for near infrared light [Sato, annotated fig. 28],
a photodiode for red light formed on the major surface of the substrate [Sato, fig. 28, photoelectric conversion part 11 under 30R & 30IRA, para 140] and configured to detect red light [Sato, wherein filter 30R & 30IRA filter collectively transmit red light];
a photodiode for green light formed on the major surface [Sato, fig. 28, photoelectric conversion part 11 under 30G & 30IRA, para 140] and configured to detect green light [Sato, wherein filter 30G & 30IRA filter collectively transmit green light];
a photodiode for blue light [Sato, fig. 28, photoelectric conversion part 11 under 30B & 30IRA, para 140] formed on the major surface and configured to detect blue light [Sato, wherein filter 30B & 30IRA filter collectively transmit blue light]
a near infrared light cut filter [fig. 28, infrared light absorption filter Sato, 30IRA, para 225] stacked directly on and above the photodiode for red light [Sato, fig. 28, photoelectric conversion part 11 under 30R & 30IRA, para 140], the photodiode for green light [Sato, fig. 28, photoelectric conversion part 11 under 30G & 30IRA, para 140], and the photodiode for blue light [Sato, fig. 28, photoelectric conversion part 11 under 30B & 30IRA, para 140], and configured to remove near infrared light that is directed toward the photodiode for red light, the photodiode for green light and the photodiode for blue light [Sato, fig. 28, photoelectric conversion part 11]
a second red filter stacked directly on and above the near infrared light cut filter, and configured to transmit red light toward the photodiode for red light [Sato, annotated fig. 28, filter characteristics fig. 7];
a second green filter stacked directly on and above the near infrared light cut filter, and configured to transmit green light toward the photodiode for green light [Sato, annotated fig. 28, filter characteristics fig. 7]; and
a second blue filter stacked directly on and above the near infrared light cut filter, and configured to transmit blue light toward the photodiode for blue light [Sato, annotated fig. 28, filter characteristics fig. 7],
wherein the photodiode for near infrared light is configured to detect light in a wavelength band of about 800 nm to 1200 nm [Sato, filter characteristics fig. 7], and is vertically aligned with the stacked filter and not vertically aligned with the second red filter, the second green filter, and the second blue filter [Sato, annotated fig. 28],
the photodiode for red light is configured to detect light in a wavelength band of about 580 nm to 800 nm [Sato, filter characteristics fig. 7] and is vertically aligned with the second red filter and not vertically aligned with the stacked filter, the second green filter, and the second blue filter [Sato, annotated fig. 28],
the photodiode for green light is configured to detect light in a wavelength band of about 500 nm to 580 nm [Sato, filter characteristics fig. 7] and is vertically aligned with the second green filter and not vertically aligned with the stacked filter, the second red filter, and the second blue filter[Sato, annotated fig. 28], and
the photodiode for blue light is configured to detect light in a wavelength band of about 400 nm to 500 nm [Sato, filter characteristics fig. 7] and is vertically aligned with the second blue filter and not vertically aligned with the stacked filter, the second red filter, and the second green filter [Sato, annotated fig. 28].
Sato fails to explicitly disclose in fig. 28 a first green filter configured to transmit green light and the near infrared light and remove light in the wavelength band other than the green light and the near infrared light,
the first green filter stacked directly on and above the photodiode for near infrared light.
However, Sato discloses in para 226, “the filter of the infrared light pixel is configured by laminating two types of filters for visible light. Therefore, it is not necessary to form an infrared light transmission filter separately from the color filter. As the two types of laminated filters for visible light which are used in the infrared light pixel, any two types of filters among R, G, and B transmission filters can be used… Note that the filter for visible light used in the infrared light pixel is not limited to two types of laminated filters, and three or more types of filters for visible light may be laminated.”
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention for a first green filter configured to transmit green light and the near infrared light and remove light in the wavelength band other than the green light and the near infrared light, wherein the first green filter is stacked above the photodiode for near infrared light. Thereby simplifying manufacturing and improving the filtering of visible light as desired by Sato.
Sato fails to explicitly disclose a near infrared light cut filter stacked directly on and above the photodiode for red light, the photodiode for green light, and the photodiode for blue light.
Sato notes a flattening layer [Sato, fig. 28, flattening layer 20, para 140] between the color filters and the photodiode, wherein the color filters are directly on the flattening layer.
However, Imoto teaches wherein the flattening layer [fig. 1, flattening layer 12, para 57/59] is optional and may be omitted.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention for the flattening layer to be optional in the design of the imaging device, thereby the near infrared light cut filter stacked directly on the photodiode for red light, the photodiode for green light, and the photodiode for blue light to ensure accurate color reproduction and image clarity. Furthermore placement directly on or above the photodiode ensures that IR light, is eliminated before it can interfere with the device operation.
Regarding claim 11, Sato/Imoto teaches The electronic device according to claim 8,
wherein the near infrared light cut filter is integrally formed [Sato, fig. 28 illustrates integral formation].
Regarding claim 12, The electronic device according to claim 8,
wherein the first and second red filters have the same light filtering characteristics,
the first and second green filters have the same light filtering characteristics,
and the first and second blue filters have the same light filtering characteristics.
Sato teaches in para 226, “in the example of FIG. 28, the filter of the infrared light pixel is configured by laminating two types of filters for visible light. Therefore, it is not necessary to form an infrared light transmission filter separately from the color filter. As the two types of laminated filters for visible light which are used in the infrared light pixel, any two types of filters among R, G, and B transmission filters can be used...Note that the filter for visible light used in the infrared light pixel is not limited to two types of laminated filters, and three or more types of filters for visible light may be laminated.” Thereby the filter characteristics of each color filter would be the same as shown in fig. 7.
Regarding claim 13, Sato/Imoto teaches The electronic device according to claim 8,
wherein the solid-state imaging device further includes:
a plurality of additional photodiodes for near infrared light formed on the major surface and aligned along a first direction [Sato, fig. 29; para 114, wherein the pixel arrays are formed on a semiconductor substrate];
a plurality of additional photodiodes for red light formed on the major surface of the substrate, aligned along the first direction, and configured to detect red light [Sato, fig. 29; para 114, wherein the pixel arrays are formed on a semiconductor substrate];
a plurality of additional photodiodes for green light formed on the major surface, aligned along the first direction, and configured to detect green light [Sato, fig. 29; para 114, wherein the pixel arrays are formed on a semiconductor substrate];
and a plurality of additional photodiodes for blue light formed on the major surface, aligned along the first direction, and configured to detect blue light [Sato, fig. 29; para 114, wherein the pixel arrays are formed on a semiconductor substrate].
Regarding claim 14, wherein the first red filter is stacked directly on and above the photodiode for near infrared light,
the first green filter is stacked directly on and above the first red filter, and
the first blue filter is stacked directly on and above the first green filter. [Sato teaches in para 226, “ the arbitrary combinations…note that the filter for visible light used in the infrared light pixel is not limited to two types of laminated filters, and three or more types of filters for visible light may be laminated.”].
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention for the IR filter to comprise red, green, & blue filters wherein the order of the stacking color filters which comprise the IR light filter to be held as a design choice; the rearrangement of the color filters (rearrangement of parts) in Sato [fig. 28, para 226] which comprise the IR light filter is a matter of design choice, wherein MPEP 2144.04 states rearrangement of parts is held to be an obvious matter of design choice.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Sato & Imoto as applied to claims 1, 4-8, 11-14, & 16 and further in view of Yang (CN111024626A).
Regarding claim 15, Sato/Imoto teaches The electronic device according to claim 8,
wherein the light source emits near infrared light [Sato, para 104] at the same time.
Sato/Imoto fails to explicitly disclose wherein the light source emits white light and near infrared light at the same time.
Sato notes para 104 states “The configuration of the light source part is not particularly limited, and a known light emitting element…may be used.”
However, Yang teaches a known light source in TOF technology [fig. 2, light source module 40] “the light source module 40 comprises an infrared light source 41, the visible light source 42 and the optical element 43.”
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention for the light source to emit infrared and visible white light at the same time to provide light projection for different functions of the device to operate simultaneously as taught by Yang.
Regarding claim 16, The electronic device according to claim 8,
wherein the solid-state imaging device is configured to measure a distance from the electronic device to the subject based on a time period that starts when near infrared light is emitted from the light source and ends when the near infrared light is reflected by the subject and received by the photodiode for near infrared light.
Sato discloses in para 4-6 the problem to be solved is it’s preferable that an infrared light image used for the sensing processing and the like and a visible light image used for the viewing processing and the like be obtained from one imaging device. Furthermore fig. 1 discloses the time-of-flight fundamentals of the invention wherein distance information obtained by the measurement of distance from the near infrared light reflected by the subject (shown in fig. 1) and received by the photodiodes in the imaging device (100) and processed by signal processing part 200 to provide image information (distance) and the like.
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Sato, Imoto, & Osada et al. (WO 2022/130092).
Regarding claim 21, Sato/Imoto teaches The electronic device according to claim 8, further comprising:
a display [Sato, fig. 35, display part 7720, para 268] that outputs an image captured by the solid-state imaging device;
and
a communication circuit [Sato, fig. 35, communication network 7010, para 244-245] for communicating with an external device [para 244-245].
Sato/Imoto fails to explicitly disclose a battery that supplies power to the solid-state imaging device and the light source.
However Osada teaches a battery that supplies power to the solid-state imaging device and the light source [“ . . . the power sources of the image pickup device 111, the light source 113, and the display unit 109 are supplied with power from another power source (for example, a lead storage battery)”].
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention for the imaging device and the light source to be supplied power by a battery to enable the flexibility and uninterrupted operation where a tethered power source is impractical.
Conclusion
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/FELIX B ANDREWS/Examiner, Art Unit 2812
/William B Partridge/Supervisory Patent Examiner, Art Unit 2812