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 Amendment and Status of Application
This notice is in response to the amendments and remarks filed 15 December 2025. Claims 1-18 are pending in the instant application, where claims 1, 8, and 15 have been amended. Applicant’s amendments to the claims have overcome each and every objection set forth in the Non-Final Office Action dated 14 July 2025, and are hereby withdrawn.
Response to Arguments
Applicant's arguments filed 15 December 2025 have been fully considered but they are not persuasive.
Regarding applicant’s argument that the base substrate 101 cannot be considered analogous to the claimed absorbing layer since Amako does not generate electrical carriers in response to light incident thereon, examiner notes that Amako [0062] discloses the base material 101 may be a substrate in which a metal film is formed, where the base material 101 has a conductor surface 102 constructed of silver, gold, or the like, and describes the metal surface as “a conductor surface in the broad sense”. One of ordinary skill in the art recognizes the use of these metals to generate electrical carriers in response to light incident thereon, via the photoelectric effect for example, and therefore one of ordinary skill in the art would reasonably consider the base material 101 with conductor surface 102 as being analogous to the absorbing layer of the claims and of primary reference Montazeri, used to teach the limitation in question.
Regarding applicant’s arguments (remarks page 2 paragraph 3 – page 3 paragraph 1) that nothing in Amako discloses or suggests a plasmonic device layer with a first cavity with the claimed dimensions, examiner notes that the limitations cited by applicant which Amako fails to disclose have been taught by primary reference Montazeri.
Regarding applicant’s argument (remarks page 3 paragraph 1) that because in Montazeri, the plasmonic device layer 312 is disposed directly on absorbing layer 304 resulting in a “zero distance”, and that said zero distance does not produce the coupling recited in claim 1, examiner notes that the cavity depth and cavity width of Montazeri [here the distance between a surface of the absorbing layer and a first dimension respectively] result in light incident into the cavity, resonating, and being transmitted to the adjacent detection layer as has been disclosed in the previous rejection. The “zero distance” does produce a coupling between the plasmonic device layer and the absorbing layer, since that is how the device of Montazeri functions, whether or not the “zero distance” is explicitly pointed out. This geometry results in the distance between a surface of the absorbing layer proximate to the plasmonic device layer and the first cavity producing the coupling recited in claim 1. As an additional note, the claim does not forbid a zero distance between a surface of the absorbing layer and the first cavity, as said distance is not tied to the isolation layer between the absorbing layer and plasmonic device layer.
Regarding applicant’s argument (remarks page 3 paragraph 1), assuming arguendo that the zero distance of Montazeri explored above does not produce the coupling recited in claim 1, examiner notes that Amako fig. 9 does show a distance between a second protrusion group 130 [analogous to the plasmonic device layer] and base material glass substrate 101 with metal surface 102 [analogous to the absorbing layer], the distance resulting from dielectric layer 120. Amako [0032] also discloses that the geometry of the second protrusion group and dielectric layer is able to enhance the coupling of local surface plasmons, even if Amako is interested in the light reflected from the chip 260.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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.
Claims 1-4, 6-11, and 13-16 are rejected under 35 U.S.C. 103 as being unpatentable over US 2019/0137540 A1 by Arthur Okhtay Montazeri et al. (herein after “Montazeri”) in view of US 2013/0092823 A1 by Jun Amako (herein after “Amako”).
Regarding claim 1, Montazeri discloses a spectral sensing device (Montazeri title; platform for hyperspectral molecular sensing), comprising:
an absorbing layer constructed to generate electrical carriers in response to light incident thereon within a first wavelength range (Montazeri fig. 1 and [0065] discloses a detector 112, where [0062] provides examples of detectors as charge coupled devices CCD or complementary metal-oxide-semiconductor CMOS, both of which generate electrical carriers in response to light incident thereon; [0067] and fig. 3 disclose a detecting layer 304 made up of top, middle, and bottom detecting layers which correspond to three wavelength ranges [i.e. at least a first wavelength range exists being incident to the absorbing layer]);
a plasmonic device layer comprising a first cavity with first dimensions and configured to cause a resonance to occur from coupling plasmon waves into the first cavity (Montazeri fig. 1 and [0065] disclose a “transmission type plasmonic grating”; [0067] and fig. 3 show a cross-sectional view of the device with detecting layer 304 [absorbing layer] and a plasmonic resonator layer 312 on top of the detecting layer; a cavity is formed between a first wall 314 and second wall 316, and the cavity is used as a plasmonic resonator [i.e. cause plasmonic resonances in the cavity]);
wherein (i) the first dimensions of the first cavity and (ii) a distance between: (a) a surface of the absorbing layer that is proximate to the plasmonic device layer, and (b) the first cavity,
result in a coupling between the plasmonic device layer and the absorbing layer such that light incident on the first cavity, within the first wavelength range, resonates within the first cavity and is transmitted through the first cavity to the absorbing layer where electrical carriers are generated in proportion to the light incident thereon (Montazeri fig. 1 and [0065] discloses light being absorbed by the transmission type plasmonic grating 108 [equivalent to the plasmonic resonator in fig. 3], where a plasmonic signal 110 is guided to the detector 112, as with the plasmonic layer containing the cavity of fig. 3 [plasmonic signal is transmitted through the cavity to absorbing layer][0067] the plasmonic resonator is characterized by a cavity depth (d) [distance between a surface of the absorbing layer] and a cavity width (w) [first dimensions]; fig. 3 shows the detection layer 304 being coupled with the plasmonic resonator 312 [i.e. they are shown as adjacent layers]; [0052] discloses that the plasmonic resonators have resonant features which extend in up to three dimensions and are characterized by the cavity depth and width – therefore, the claimed dimensions and distance facilitate incident light to the cavity, resonating, and being transmitted to the adjacent detection layer; one of ordinary skill recognizes that signals in CMOS and CCD detectors are proportional to the light incident thereon).
Montazeri is silent to an isolation layer disposed between the absorbing layer and the plasmonic device layer in a direction normal to a surface of the absorbing layer, wherein the isolation layer is formed of a material that is optically transparent over the first wavelength range.
However, Amako does address this limitation. Montazeri and Amako are considered to be analogous to the present invention because they are in the same field of plasmonic resonance optical detection schemes.
Amako discloses “an isolation layer disposed between the absorbing layer and the plasmonic device layer in a direction normal to a surface of the absorbing layer, wherein the isolation layer is formed of a material that is optically transparent over the first wavelength range” (Amako [0058] and fig. 9 label 120; dielectric layer [isolation layer] 120 is formed between a second protrusion group 130 [analogous to the plasmonic device layer] and the base material glass substrate with metal coating 101 [analogous to an absorbing layer], and therefore an isolation layer would be disposed between the absorbing layer and the plasmonic device layer of Montazeri; [0065] discloses that the dielectric layer is formed for the purpose of not absorbing incident light [i.e. is optically transparent to the incident light and therefore transparent in a first wavelength range]; since the isolation layer, plasmonic device layer, and absorbing layer are stacked, the isolation layer is disposed between the said layers in a direction normal to a surface of the absorbing layer).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Montazeri to incorporate an isolation layer disposed between the absorbing layer and the plasmonic device layer in a direction normal to a surface of the absorbing layer, wherein the isolation layer is formed of a material that is optically transparent over the first wavelength range as suggested by Amako for the advantage of incorporating a second protrusion group with a different period to the first plasmonic device, thereby enhancing the coupling of both localized surface plasmons and propagating surface plasmons (Amako [0017]).
Regarding claim 2, Montazeri when modified by Amako discloses the device of claim 1, and Montazeri further teaches the device wherein the plasmonic device layer comprises a metal (Montazeri [0060] discloses that the plasmonic grating layer comprises at least one metal).
Regarding claim 3, Montazeri when modified by Amako discloses the device of claim 1, and Montazeri further teaches the device wherein the first cavity is a subwavelength cavity and each of the first dimensions are a fraction of the first wavelength range (Montazeri [0051] discloses that the plasmonic structures are subwavelength plasmonic structures, where [0045] subwavelength has a dimension less than the free space wavelength of the incident light; fig. 3 shows an example cavity where the cavity width and depth have the same spatial magnitude, so for subwavelength plasmonic structures, the dimensions of the cavity would both be a fraction of the first wavelength range).
Regarding claim 4, Montazeri when modified by Amako discloses the device of claim 1, and Montazeri further teaches the device further comprising: a fill material disposed in the first cavity (Montazeri [0071] discloses the creation of a plasmonic grating where the gold is thermally evaporated to coat around the fins shown in figs 9A-9D, where the gold is a fill material).
Regarding claim 6, Montazeri when modified by Amako discloses the device of claim 1, and Montazeri further teaches the device wherein the plasmonic device layer includes a second cavity spaced away from the first cavity to augment a spatial sampling of the device (Montazeri fig. 5 and [0069] discloses a top view of a transmission type plasmonic grating disposed on detector element (a top view of the same device seen as a cross-sectional view in fig. 2); while only one cavity is shown in the cross-section view of fig. 3, fig. 5 shows a plurality of cavities adjacent to a first cavity, thereby augmenting the spatial sampling of the device).
Regarding claim 7, Montazeri when modified by Amako discloses the device of claim 1, and Montazeri further teaches the device wherein the first cavity and the second cavity have different resonance wavelengths (Montazeri [0053] discloses that the resonance frequency of a unit plasmon resonator may differ from one unit to another, and that a plasmonic grating may comprise a plurality of unit plasmon resonators; therefore, a first cavity and second cavity may be different unit plasmon resonators and thus have differing resonance frequencies/wavelengths).
Regarding claim 8, Montazeri discloses a method of fabricating a spectral sensing device (Montazeri figs 9A-9D show a fabrication scheme for creating Montazeri’s device), comprising:
forming an absorbing layer constructed to generate electrical carriers in response to light incident thereon within a first wavelength range (Montazeri [0065] and fig. 1 disclose that a detector 112 [absorbing layer] is disposed on a substrate [i.e. forming an absorbing layer]; related to the detector 112, [0062] provides examples of detectors as charge coupled devices CCD or complementary metal-oxide-semiconductor CMOS, both of which generate electrical carriers in response to light incident thereon; [0067] and fig. 3 disclose a detecting layer 304 made up of top, middle, and bottom detecting layers which correspond to three wavelength ranges [i.e. at least a first wavelength range exists being incident to the absorbing layer]);
forming a plasmonic device layer comprising a first cavity with first dimensions and configured to cause a resonance to occur from coupling plasmon waves into the first cavity (Montazeri fig. 1 and [0065] disclose a “transmission type plasmonic grating”; [0067] and fig. 3 show a cross-sectional view of the device with detecting layer 304 [absorbing layer] and a plasmonic resonator layer 312 on top of the detecting layer; a cavity is formed between a first wall 314 and second wall 316, and the cavity is used as a plasmonic resonator [i.e. cause plasmonic resonances in the cavity]; [0071] and figs. 9A-9D disclose the creation of the plasmonic grating [i.e. grating layer is formed]);
wherein (i) the first dimensions of the first cavity and (ii) a distance between: (a) a surface of the absorbing layer that is proximate to the plasmonic device layer, and (b) the first cavity,
result in a coupling between the plasmonic device layer and the absorbing layer such that light incident on the first cavity, within the first wavelength range, resonates within the first cavity and is transmitted through the first cavity to the absorbing layer where electrical carriers are generated in proportion to the light incident thereon (Montazeri fig. 1 and [0065] discloses light being absorbed by the transmission type plasmonic grating 108 [equivalent to the plasmonic resonator in fig. 3], where a plasmonic signal 110 is guided to the detector 112, as with the plasmonic layer containing the cavity of fig. 3 [plasmonic signal is transmitted through the cavity to the absorbing layer]; [0067] the plasmonic resonator is characterized by a cavity depth (d) [distance between a surface of the absorbing layer] and a cavity width (w) [first dimensions]; fig. 3 shows the detection layer 304 being coupled with the plasmonic resonator 312 [i.e. they are shown as adjacent layers]; [0052] discloses that the plasmonic resonators have resonant features which extend in up to three dimensions and are characterized by the cavity depth and width – therefore, the claimed dimensions and distance facilitate incident light to the cavity, resonating, and being transmitted to the adjacent detection layer; one of ordinary skill recognizes that signals in CMOS and CCD detectors are proportional to the light incident thereon).
Montazeri is silent to forming an isolation layer disposed between the absorbing layer and the plasmonic device layer in a direction normal to a surface of the absorbing layer, wherein the isolation layer is formed of a material that is optically transparent over the first wavelength range.
However, Amako does address this limitation. Montazeri and Amako are considered to be analogous to the present invention because they are in the same field of plasmonic resonance optical detection schemes.
Amako discloses “forming an isolation layer disposed between the absorbing layer and the plasmonic device layer in a direction normal to a surface of the absorbing layer, wherein the isolation layer is formed of a material that is optically transparent over the first wavelength range” (Amako [0058] and fig. 9 label 120; dielectric layer [isolation layer] 120 is formed between a second protrusion group 130 [analogous to the plasmonic device layer] and the base material glass substrate with metal coating 101 [analogous to an absorbing layer], and therefore an isolation layer would be disposed between the absorbing layer and the plasmonic device layer of Montazeri; [0065] discloses that the dielectric layer is formed [i.e. forming an isolation layer] for the purpose of not absorbing incident light [i.e. is optically transparent to the incident light and therefore transparent in a first wavelength range]; since the isolation layer, plasmonic device layer, and absorbing layer are stacked, the isolation layer is disposed between the said layers in a direction normal to a surface of the absorbing layer).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Montazeri to incorporate forming an isolation layer disposed between the absorbing layer and the plasmonic device layer in a direction normal to a surface of the absorbing layer, wherein the isolation layer is formed of a material that is optically transparent over the first wavelength range as suggested by Amako for the advantage of incorporating a second protrusion group with a different period to the first plasmonic device, thereby enhancing the coupling of both localized surface plasmons and propagating surface plasmons (Amako [0017]).
Regarding claim 9, Montazeri when modified by Amako discloses the method of claim 8, and Montazeri further teaches the method wherein forming the plasmonic device layer comprises forming the plasmonic device layer with a metal (Montazeri [0060] discloses that during the formation of the plasmonic grating layer, the layer is formed with at least one metal).
Regarding claim 10, Montazeri when modified by Amako discloses the method of claim 8, and Montazeri further teaches the method wherein the first cavity is a subwavelength cavity and each of the first dimensions are a fraction of the first wavelength range (Montazeri [0051] discloses that the plasmonic structures are subwavelength plasmonic structures, where [0045] subwavelength has a dimension less than the free space wavelength of the incident light; fig. 3 shows an example cavity where the cavity width and depth have the same spatial magnitude, so for subwavelength plasmonic structures, the dimensions of the cavity would both be a fraction of the first wavelength range).
Regarding claim 11, Montazeri when modified by Amako discloses the method of claim 8, and Montazeri further teaches the method further comprising: a fill material disposed in the first cavity (Montazeri [0071] discloses the creation of a plasmonic grating where the gold is thermally evaporated to coat around the fins shown in figs 9A-9D, where the gold is a fill material).
Regarding claim 13, Montazeri when modified by Amako discloses the method of claim 8, and Montazeri further teaches the method wherein the plasmonic device layer includes a second cavity spaced away from the first cavity to augment a spatial sampling of the device (Montazeri fig. 5 and [0069] discloses a top view of a transmission type plasmonic grating disposed on detector element (a top view of the same device seen as a cross-sectional view in fig. 2); while only one cavity is shown in the cross-section view of fig. 3, fig. 5 shows a plurality of cavities adjacent to a first cavity, thereby augmenting the spatial sampling of the device).
Regarding claim 14, Montazeri when modified by Amako discloses the method of claim 8, and Montazeri further teaches the method wherein the first cavity and the second cavity have different resonance wavelengths (Montazeri [0053] discloses that the resonance frequency of a unit plasmon resonator may differ from one unit to another, and that a plasmonic grating may comprise a plurality of unit plasmon resonators; therefore, a first cavity and second cavity may be different unit plasmon resonators and thus have differing resonance frequencies/wavelengths).
Regarding claim 15, Montazeri discloses a multispectral sensor (Montazeri [0079] and fig. 14 discloses a droplet detection device [multispectral sensor]) comprising:
a first spectral sensing device (Montazeri title; platform for hyperspectral molecular sensing [i.e. a spectral sensing device]; that includes:
a first absorbing layer constructed to generate electrical carriers in response to light incident thereon within a first wavelength range (Montazeri fig. 1 and [0065] discloses a detector 112, where [0062] provides examples of detectors as charge coupled devices CCD or complementary metal-oxide-semiconductor CMOS, both of which generate electrical carriers in response to light incident thereon; [0067] and fig. 3 disclose a detecting layer 304 made up of top, middle, and bottom detecting layers which correspond to three wavelength ranges [i.e. at least a first wavelength range exists being incident to the absorbing layer]);
a first plasmonic device layer comprising a first cavity with first dimensions and configured to cause a resonance to occur from coupling plasmon waves into the first cavity (Montazeri fig. 1 and [0065] disclose a “transmission type plasmonic grating”; [0067] and fig. 3 show a cross-sectional view of the device with detecting layer 304 [absorbing layer] and a plasmonic resonator layer 312 on top of the detecting layer; a cavity is formed between a first wall 314 and second wall 316, and the cavity is used as a plasmonic resonator [i.e. cause plasmonic resonances in the cavity]);
wherein (i) the first dimensions of the first cavity and (ii) a distance between: (a) a surface of the absorbing layer that is proximate to the plasmonic device layer, and (b) the first cavity,
result in a coupling between the plasmonic device layer and the absorbing layer such that light incident on the first cavity, within the first wavelength range, resonates within the first cavity and is transmitted through the first cavity to the absorbing layer where electrical carriers are generated in proportion to the light incident thereon (Montazeri fig. 1 and [0065] discloses light being absorbed by the transmission type plasmonic grating 108 [equivalent to the plasmonic resonator in fig. 3], where a plasmonic signal 110 is guided to the detector 112, as with the plasmonic layer containing the cavity of fig. 3 [plasmonic signal is transmitted through the cavity to absorbing layer]; [0067] the plasmonic resonator is characterized by a cavity depth (d) [distance between a surface of the absorbing layer] and a cavity width (w) [first dimensions]; fig. 3 shows the detection layer 304 being coupled with the plasmonic resonator 312 [i.e. they are shown as adjacent layers]; [0052] discloses that the plasmonic resonators have resonant features which extend in up to three dimensions and are characterized by the cavity depth and width – therefore, the claimed dimensions and distance facilitate incident light to the cavity, resonating, and being transmitted to the adjacent detection layer; one of ordinary skill recognizes that signals in CMOS and CCD detectors are proportional to the light incident thereon);
and a second spectral sensing device (the first spectral sensing device has been disclosed above; Montazeri fig. 14 and [0079] discloses a droplet detection device where a plurality of spectral sensing devices are shown, each comprised of a plasmonic grating layer 1410 (with gratings in the forms of figs. 6-7 – concentric and linear) and a detector 1412 [absorbing layer] below each plasmonic grating, the detector within a substrate 1406; therefore any of the additional plasmonic grating layer 1410 and detector 1412 are considered a second spectral sensing device, the components of which disclosed below follow from the first spectral sensing device) that includes:
a second absorbing layer constructed to generate electrical carriers in response to light incident thereon within a second wavelength range, different from the first wavelength range (Montazeri fig. 1 and [0065] discloses a detector 112, where [0062] provides examples of detectors as charge coupled devices CCD or complementary metal-oxide-semiconductor CMOS, both of which generate electrical carriers in response to light incident thereon; [0067] and fig. 3 disclose a detecting layer 304 made up of top, middle, and bottom detecting layers which correspond to three wavelength ranges – so each detector (i.e. detectors 1412 of fig. 14) can detect within separate wavelength ranges that are different from one another for the detector scheme of fig. 3);
a second plasmonic device layer comprising a first cavity with first dimensions and configured to cause a resonance to occur from coupling plasmon waves into the first cavity (Montazeri fig. 1 and [0065] disclose a “transmission type plasmonic grating”; [0067] and fig. 3 show a cross-sectional view of the device with detecting layer 304 [absorbing layer] and a plasmonic resonator layer 312 on top of the detecting layer; a cavity is formed between a first wall 314 and second wall 316, and the cavity is used as a plasmonic resonator [i.e. cause plasmonic resonances in the cavity]; as discussed above, the plurality of plasmonic gratings 1410 within fig. 14 satisfy at least a second plasmonic device layer)
wherein (i) the second dimensions of the second cavity and (ii) a distance between a surface of the second absorbing layer that is proximate to the second plasmonic device layer, and (b) the second cavity,
result in a coupling between the second plasmonic device layer and the second absorbing layer such that light incident on the second cavity, within the second wavelength range, resonates within the second cavity and is transmitted through the second cavity to the second absorbing layer where electrical carriers are generated in proportion to the light incident thereon (the following is applicable to the second plasmonic grating and second absorbing layer disclosed by the droplet detection device in fig. 14; Montazeri fig. 1 and [0065] discloses light being absorbed by the transmission type plasmonic grating 108 [equivalent to the plasmonic resonator in fig. 3], where a plasmonic signal 110 is guided to the detector 112, as with the plasmonic layer containing the cavity of fig. 3 [plasmonic signal is transmitted through the cavity to absorbing layer]; [0067] the plasmonic resonator is characterized by a cavity depth (d) [distance between a surface of the absorbing layer] and a cavity width (w) [first dimensions]; fig. 3 shows the detection layer 304 being coupled with the plasmonic resonator 312 [i.e. they are shown as adjacent layers]; [0052] discloses that the plasmonic resonators have resonant features which extend in up to three dimensions and are characterized by the cavity depth and width – therefore, the claimed dimensions and distance facilitate incident light to the cavity, resonating, and being transmitted to the adjacent detection layer; one of ordinary skill recognizes that signals in CMOS and CCD detectors are proportional to the light incident thereon)).
Montazeri is silent to an isolation layer disposed between the absorbing layer and the plasmonic device layer in a direction normal to a surface of the absorbing layer, wherein the isolation layer is formed of a material that is optically transparent over the first wavelength range, and
a second isolation layer disposed between the second absorbing layer and the second plasmonic device layer in a direction normal to a surface of the second absorbing layer, wherein the second isolation layer is formed of a material that is optically transparent over the second wavelength range.
However, Amako does address these limitations. Montazeri and Amako are considered to be analogous to the present invention because they are in the same field of plasmonic resonance optical detection schemes.
Amako discloses “an isolation layer disposed between the absorbing layer and the plasmonic device layer in a direction normal to a surface of the absorbing layer, wherein the isolation layer is formed of a material that is optically transparent over the first wavelength range” (Amako [0058] and fig. 9 label 120; dielectric layer [isolation layer] 120 is formed between a second protrusion group 130 [analogous to the plasmonic device layer] and the base material glass substrate with metal coating 101 [analogous to an absorbing layer], and therefore an isolation layer would be disposed between the absorbing layer and the plasmonic device layer of Montazeri; [0065] discloses that the dielectric layer is formed for the purpose of not absorbing incident light [i.e. is optically transparent to the incident light and therefore transparent in a first wavelength range]; since the isolation layer, plasmonic device layer, and absorbing layer are stacked, the isolation layer is disposed between the said layers in a direction normal to a surface of the absorbing layer); “and
a second isolation layer disposed between the second absorbing layer and the second plasmonic device layer in a direction normal to a surface of the second absorbing layer, wherein the second isolation layer is formed of a material that is optically transparent over the second wavelength range” (The same logic with fig. 14 of Montazeri applies here – a second isolation layer within an adjacent plasmonic device 1410 and detector 1412 (second spectral device) to the first plasmonic device 1410 and detector 1412 (first spectral device) containing a first isolation layer is obvious in light of Montazeri in view of Amako above).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Montazeri to incorporate an isolation layer disposed between the absorbing layer and the plasmonic device layer in a direction normal to a surface of the absorbing layer, wherein the isolation layer is formed of a material that is optically transparent over the first wavelength range, and second isolation layer disposed between the second absorbing layer and the second plasmonic device layer in a direction normal to a surface of the second absorbing layer, wherein the second isolation layer is formed of a material that is optically transparent over the second wavelength range as suggested by Amako for the advantage of incorporating a second protrusion group with a different period to the first plasmonic device, thereby enhancing the coupling of both localized surface plasmons and propagating surface plasmons (Amako [0017]).
Regarding claim 16, Montazeri when modified by Amako discloses the sensor of claim 15. Montazeri is silent to the sensor of claim 15, wherein the first spectral sensing device and the second spectral sensing device each has a respective optical reach that is large than its physical size.
However, Amako does address this limitation.
Amako discloses the sensor of claim 15, “wherein the first spectral sensing device and the second spectral sensing device each has a respective optical reach that is large than its physical size” (Amako fig. 14 and [0087]; fig. 14 shows a detection apparatus where the spectral sensing device is implemented where the sensor chip [sensing device] is referenced as label 260 (previously referred to as label 100 in fig. 9 for example); the light interaction at the sensing device is directed to additional optical components 210-250 and 270-280 in the figure, including lenses, mirrors, etc.; the physical size of the sensing device is inferred by examiner via fig. 9, where a total thickness of the sensing device of 190nm is summed to; one of ordinary skill would conclude that the optical reach of the sensing device(s) is greater than 190nm since light from the sensing device is sent along an optical path to the lenses, mirrors, etc. where that optical path is greater in distance than 190nm; this is supported by the schematic fig. 14 where the thickness of the sensing device 260 is shorter than the optical path shown by dotted lines; this applies to the optical reach of the droplet detection device constructed with a plurality of spectral sensing devices of Montazeri [i.e. applies to both first and second spectral sensing devices]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Montazeri to incorporate wherein the first spectral sensing device and the second spectral sensing device each has a respective optical reach that is large than its physical size as suggested by Amako for the advantage of enabling the use of the first and second spectral devices within optical systems where the optical reach of the device must be greater than its physical dimension (as with Amako fig. 14).
Claims 5, 12, and 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Montazeri in view of Amako, and further in view of JP 2000/356587 A by Okamoto Takayuki et al. (herein after “Takayuki”).
Regarding claim 5, Montazeri when modified by Amako discloses the device of claim 1. Montazeri when modified by Amako is silent to the device of claim 1, further comprising: a front layer located adjacent to the plasmonic device layer, the front layer being configured to improve at least one of a resonance or a quality factor of the first cavity.
However, Takayuki does address this limitation. Montazeri, Amako, and Takayuki are considered to be analogous to the present invention because they are in the same field of plasmon resonance optical sensors.
Takayuki discloses the device of claim 1, “further comprising: a front layer located adjacent to the plasmonic device layer, the front layer being configured to improve at least one of a resonance or a quality factor of the first cavity” (Takayuki [0048]; a PMMA film [front layer] deposited on gold particles [gold particles analogous to the plasmonic grating of Montazeri] fixed to a substrate, with cavities surrounding each gold nanoparticle [i.e. the PMMA is deposited on top of/adjacent to the plasmonic device layer]; the PMMA film increases the absorbance of the resonance peak, i.e. improves the resonance of the first cavity).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Montazeri in view of Amako to incorporate a front layer located adjacent to the plasmonic device layer, the front layer being configured to improve at least one of a resonance or a quality factor of the first cavity as suggested by Takayuki for the advantage of detecting whether any substances other than the plasmonic device layer [second protrusion group] have been deposited onto the plasmonic device layer (Takayuki [0049]), imparting the ability to detect undesired contamination or impurities present on the plasmonic device layer.
Regarding claim 12, Montazeri when modified by Amako discloses the method of claim 8. Montazeri when modified by Amako is silent to the method of claim 8, further comprising: forming a front layer adjacent to the plasmonic device layer, the front layer being configured to improve at least one of a resonance or a quality factor of the first cavity.
However, Takayuki does address this limitation. Montazeri, Amako, and Takayuki are considered to be analogous to the present invention because they are in the same field of plasmon resonance optical sensors.
Takayuki discloses the method of claim 8, “further comprising: forming a front layer adjacent to the plasmonic device layer, the front layer being configured to improve at least one of a resonance or a quality factor of the first cavity” (Takayuki [0048]; a PMMA film [front layer] is deposited on gold particles [gold particles analogous to the plasmonic grating of Montazeri] fixed to a substrate [i.e. is formed], with cavities surrounding each gold nanoparticle [i.e. the PMMA is deposited on top of/adjacent to the plasmonic device layer]; the PMMA film increases the absorbance of the resonance peak, i.e. improves the resonance of the first cavity).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Montazeri in view of Amako to incorporate forming a front layer adjacent to the plasmonic device layer, the front layer being configured to improve at least one of a resonance or a quality factor of the first cavity as suggested by Takayuki for the advantage of detecting whether any substances other than the plasmonic device layer [second protrusion group] have been deposited onto the plasmonic device layer (Takayuki [0049]), imparting the ability to detect undesired contamination or impurities present on the plasmonic device layer.
Regarding claim 17, Montazeri when modified by Amako discloses the sensor of claim 15. Montazeri when modified by Amako is silent to the sensor of claim 15, further comprising: a first front layer located adjacent to the first plasmonic device layer, the first front layer being configured to improve at least one of a resonance or a quality factor of the first cavity.
However, Takayuki does address this limitation. Montazeri, Amako, and Takayuki are considered to be analogous to the present invention because they are in the same field of plasmon resonance optical sensors.
Takayuki discloses the sensor of claim 15, “further comprising: a first front layer located adjacent to the first plasmonic device layer, the first front layer being configured to improve at least one of a resonance or a quality factor of the first cavity” (Takayuki [0048]; a PMMA film [front layer] deposited on gold particles [gold particles analogous to the plasmonic grating of Montazeri] fixed to a substrate, with cavities surrounding each gold nanoparticle [i.e. the PMMA is deposited on top of/adjacent to the plasmonic device layer]; the PMMA film increases the absorbance of the resonance peak, i.e. improves the resonance of the first cavity).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Montazeri in view of Amako to incorporate a first front layer located adjacent to the first plasmonic device layer, the first front layer being configured to improve at least one of a resonance or a quality factor of the first cavity as suggested by Takayuki for the advantage of detecting whether any substances other than the plasmonic device layer [second protrusion group] have been deposited onto the plasmonic device layer (Takayuki [0049]), imparting the ability to detect undesired contamination or impurities present on the plasmonic device layer.
Regarding claim 18, Montazeri when modified by Amako and Takayuki discloses the sensor of claim 17. Montazeri when modified by Amako is silent to the sensor of claim 17, further comprising: a second front layer located adjacent to the second plasmonic device layer, the second front layer being configured to improve at least one of a resonance or a quality factor of the second cavity.
However, Takayuki does address this limitation.
Takayuki discloses the sensor of claim 17, “further comprising: a second front layer located adjacent to the second plasmonic device layer, the second front layer being configured to improve at least one of a resonance or a quality factor of the second cavity” (as with previous claims related to the duplication of the first spectral sensing device for a second spectral sensing device, Montazeri when modified by Amaka has shown via fig. 14 of Montazeri that a first spectral sensing device and second spectral sensing device have the same components – that logic follows here as well with the second front layer on the second spectral sensing device; Takayuki [0048]; a PMMA film [a second front layer] deposited on gold particles [gold particles analogous to the second plasmonic grating of Montazeri] fixed to a substrate, with cavities surrounding each gold nanoparticle [i.e. the PMMA is deposited on top of/adjacent to the second plasmonic device layer]; the PMMA film increases the absorbance of the resonance peak, i.e. improves the resonance of the second cavity).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Montazeri in view of Amako to incorporate a second front layer located adjacent to the second plasmonic device layer, the second front layer being configured to improve at least one of a resonance or a quality factor of the second cavity as suggested by Takayuki for the advantage of detecting whether any substances other than the plasmonic device layer [second protrusion group] have been deposited onto the plasmonic device layer (Takayuki [0049]), imparting the ability to detect undesired contamination or impurities present on the plasmonic device layer.
Documents Considered but not Relied Upon
The following document(s) were considered but not relied up on for the rejection set forth in this action:
US 2019/0369019 A1 by Gang Logan Liu et al.
US 8,637,346 B1 by Gun Young Jung et al.
US 2008/0212102 A1 by Ralph G. Nuzzo et al.
Conclusion
THIS ACTION IS MADE FINAL. 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.
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/JOSHUA M CARLSON/Examiner, Art Unit 2877
/TARIFUR R CHOWDHURY/Supervisory Patent Examiner, Art Unit 2877