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
The amendment to the claims filed 06/05/2026 is acknowledged and has been entered. Claims 1-6, 9-13, 15 and 18-20 are pending. Claims 7, 8, 14, 16 and 17 have been canceled.
Response to Arguments
Applicant’s arguments with respect to claim 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 10 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 10 recites the limitation "the second optical channel" in line 2. There is insufficient antecedent basis for this limitation in the claim. For purposes of examination below, the examiner is interpreting the second optical channel to be the referring to the second optical channel introduced in claim 9.
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.
Claims 1-5, 9-13, 15, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Yang ("Miniaturized Fluorescence Excitation Platform with Optical Fiber for Bio-Detection Chips" https://doi.org/10.48550/arXiv.0711.3325) in view of Yoshida (JP2013217916A), Camou ("Integrated 2-D optical lenses designed in PDMS layer to improve fluorescence spectroscopy using optical fibers," SENSORS, 2002 IEEE, Orlando, FL, USA, 2002, pp. 187-191 vol.1, doi: 10.1109/ICSENS.2002.1037079.) and Sen (US20210060560A1) as evidenced by Chien (US20030036206A1).
Regarding claim 1, Yang teaches an optofluidic droplet fluorescence measuring device (page 1, column 2, paragraph 3 discloses the intent to use the device in conjunction with a microfluidic chip), the device comprising:
a fluorescence excitation device (laser source, Fig. 2) configured to reflect and output a fluorescence-exciting light, which is applied in a horizontal direction, in an upward direction (Fig. 2 depicts the light from the laser source being applied horizontally through a fiber and output onto a mirror, which reflects and outputs the fluorescence-exciting light in an upward direction); and
a fluorescence measurement device (photodetector, Fig. 9) that is configured to receive the fluorescence-exciting light (orientation of the photodetector in Fig. 9 makes this possible) and measure fluorescence of the optofluidic droplet when fluorescence is generated from the optofluidic droplet by the fluorescence-exciting light that is input from a downward direction (page 4, column 1, paragraph 2 discloses the photodetector detects the output; Fig. 9 depicts the light being input from a downward direction),
wherein the fluorescence excitation device includes:
an excitation channel (V-groove, Fig. 9), into which a first optical fiber that applies the fluorescence- exciting light is inserted (Fig. 9 depicts an optical fiber being inserted into the V-groove; see also Fig. 5), is formed by etching at least a part of a substrate (subsections 2.2 and 2.3; Fig. 3);
wherein the fluorescence measurement device is disposed above the fluorescence excitation device (Fig. 9 depicts the photodetector above the excitation device), and
wherein the fluorescence measurement device further includes:
a fluidic channel in which the optofluidic droplet flows (page 2, column 1, paragraph 1 discloses a microfluidic channel).
Yang does not explicitly disclose the excitation device and measurement device are physically coupled, and the fluorescence excitation device includes:
a first optical channel that is formed by being spaced at a predetermined distance from the fluidic channel by a first partition, a second optical fiber configured to receive fluorescence generated from the optofluidic droplet being inserted into the first optical channel;
wherein the first optical channel does not vertically extend with respect to the fluidic channel and is disposed at an inclined angle with respect to a part of the fluid channel into which the fluorescence-exciting light is input.
However, in the same field of endeavor of optofluidic analysis, Yoshida teaches a measuring device which couples the fluorescence excitation device and measurement device (102a and 82, Fig. 8 are on the same chip, thus physically coupled).
One goal of Yang is to create a miniaturized analysis device that is portable (page 1, column 2, paragraph 3). By coupling the excitement and measurement device as taught in Yoshida, the device is able to be miniaturized (Yoshida: paragraph [0005]). Thus, it would be obvious for a person of ordinary skill prior to the effective filing date to combine the device of Yang with the physical coupling of the excitation and measurement devices of Yoshida in order to achieve the goal of miniaturization.
Yang as modified by Yoshida fails to teach the fluorescence excitation device includes:
a first optical channel that is formed by being spaced at a predetermined distance from the fluidic channel by a first partition, a second optical fiber configured to receive fluorescence generated from the optofluidic droplet being inserted into the first optical channel;
wherein the first optical channel does not vertically extend with respect to the fluidic channel and is disposed at an inclined angle with respect to a part of the fluid channel into which the fluorescence-exciting light is input.
However, in the same field of endeavor of fluorescence measurement using optical fibers, Camou discloses a device an optical channel spaced apart from a fluidic channel and therefore not extending vertically with respect to the fluidic channel and a second, receiving fiber placed in and configured to receive fluorescence from a fluidic channel (see Fig. 2).
Yoshida discloses an issue in the art is the ability to create a miniature device that is also accurate (paragraph [0004]). Camou discloses the optical channel is spaced apart from the fluidic channel in order to create a lens effect which increases the sensitivity of the device (page 188, column 1, paragraph 3), which would create a more accurate device. Thus, a person of ordinary skill in the art prior to the effective filing date would find it obvious to combine the device of Yang as modified by Yoshida the optical channel spaced apart from the fluidic channel in order to increase sensitivity and accuracy of the device.
Yang as modified by Yoshida and Camou fails to teach the first optical channel is disposed at an inclined angle with respect to a part of the fluid channel into which the fluorescence-exciting light is input.
However, in the same field of endeavor of fluorescence measurement in fluids, Sen teaches a device which places optical grooves with measurement fibers at an angle with respect to the fluidic channel (paragraph [0022] discloses a number of optical grooves placed at an angle with the fluid channel; Fig. 2a depicts the grooves at an angle with respect to the fluid channel. "FL" is the groove containing the fluorescence measurement fiber).
Chien discloses a problem with similar microfluidic devices is that by detecting signals in a direction that is orthogonal to the plane of the fluid channel, only small amounts of material that are present in that spot may be measured which results in reduced sensitivity (paragraphs [0003], [0004]), therefore angling the detector with respect to the fluidic channel enhance the sensitivity of the optical detection. Thus, a person of ordinary skill in the art would find it obvious to combine the device of Yang as modified by Yoshida and Camou with the angled optical channel taught in Sen to enhance the sensitivity of the measurement device.
Regarding claim 2, Yang as modified by Yoshida, Camou and Sen teaches the invention as explained above in claim 1, and further teaches the fluorescence excitation device comprises:
an excitation channel (Yang: V-groove, Fig. 9) into which a first optical fiber that applies the fluorescence-exciting light is inserted, is formed by etching at least a part of a substrate (Yang: subsections 2.2 and 2.3; Fig. 3); and
a reflector that is formed at an end of the excitation channel, and is configured to reflect the fluorescence-exciting light in an upward direction (Yang: mirror, Figs. 5 and 9).
Regarding claim 3, Yang as modified by Yoshida, Camou and Sen teaches the invention as explained above in claim 2, and further teaches the excitation channel is formed in a 'V' shape (Yang: subsections 2.2 and 2.3 describe the channel as being a "V-groove"; Figs. 2, 4, 5, and 9 also depict the "V" shape).
Regarding claim 4, Yang as modified by Yoshida, Camou and Sen teaches the invention as explained above in claim 2, and further teaches the reflector is formed in part of regions including an end of the excitation channel that has a predetermined angle (Yang: see Fig. 9).
Regarding claim 5, Yang as modified by Yoshida, Camou and Sen teaches the invention as explained above in claim 2, and further teaches a width of the excitation channel and a depth of the excitation channel are determined by a diameter of the first optical fiber (Yang: eqs. 1 and 2).
Regarding claim 9, Yang as modified by Yoshida, Camou and Sen teaches the invention as explained above in claim 1, and further teaches the fluorescence measurement device further comprises a second optical channel (Yoshida: Fig. 9 and 10 disclose embodiments with multiple optical channels, for example: 902b/912b in Fig. 9 and 122b/132b in Fig. 10) that is formed by being spaced at a predetermined distance from the fluidic channel by a second partition (Camou: see Fig. 2, which depicts the optical channel spaced apart from the fluidic channel), and a third optical fiber configured to receive fluorescence generated from the optofluidic droplet being inserted into the second optical channel (Yoshida: paragraph [0016] discloses an optical fiber in the receiving optical channel. It is the understanding of the examiner that this would be true for all channels as well).
Yoshida discloses the use of multiple optical measurement channels further improves measurement accuracy (paragraph [0100]). Thus, it would be obvious for a person having ordinary skill in the art to combine the device of Yang as modified by Yoshida and Camou with the alternative embodiment of Yoshida which teaches multiple optical measurement channels in order to improve measurement accuracy.
Further, as discussed above, a person of ordinary skill in the art prior to the effective filing date would find it obvious to combine the device of Yang as modified by Yoshida and Camou with the placement of the channels taught in Camou in order to increase sensitivity and accuracy of the device.
Regarding claim 10, Yang as modified by Yoshida, Camou and Sen teaches the invention as explained above in claim 1, and further teaches the first optical channel and the second optical channel are formed to have a predetermined angle in different directions with respect to the fluidic channel (Yoshida: optical channels 122b and 132b in Fig. 10 are at a 90 degree angle with the fluidic channel and have different vertical directions).
As discussed above, it would be obvious for a person of ordinary skill prior to the effective filing date to combine the device of Yang as modified by Yoshida, Camou and Sen with the arrangement of optical channels of Yoshida in order to achieve the goal of miniaturization.
Regarding claim 11, Yang as modified by Yoshida, Camou and Sen teaches the invention as explained above in claim 1, and further teaches a spacer that is formed between the fluorescence measurement device and the fluorescence excitation device and configured to maintain a predetermined space between the fluorescence measurement device and the fluorescence excitation device (Yang: page 3, column 1, paragraph 1 discloses a glass layer was placed over the V-shaped groove, which would separate it from the measurement device).
Regarding claim 12, Yang teaches a fluorescence excitation device configured to reflect and output in an upward direction each of fluorescence-exciting lights (laser source, optical fiber and V-groove and mirror in Fig. 9) applied respectively in a horizontal direction;
a fluorescence measurement device that a fluorescence-exciting light (photodetector, Fig. 9) input into from a downward direction (see Fig. 9) and measures the fluorescence of the optofluidic droplet (abstract),
wherein the fluorescence excitation device includes:
excitation channels into which optical fiber that apply the fluorescence-exciting lights is inserted by etching at least a part of a substrate (see subsections 2.2 and 2.3 which disclose the excitation channel is etched);
wherein the fluorescence measurement device is disposed above the fluorescence excitation device (Fig. 9 depicts the photodetector above the excitation device), and
wherein the fluorescence measurement device further includes:
a fluidic channel in which the optofluidic droplet flows (page 2, column 1, paragraph 1 discloses a microfluidic channel).
Yang fails to teach the fluorescence measuring device having different wavelengths, a wavelength corresponding to each of a plurality of regions of a fluidic channel into which an optofluidic droplet flows, receives fluorescence generated from an optofluidic droplet in each of the plurality of regions, a plurality of excitation channels into which optical fibers that apply each of the fluorescence-exciting lights, wherein the fluorescence measurement device further includes:
a plurality of optical channels that are formed by being spaced at a predetermined distance from each of a plurality of regions of the fluidic channel by a partition, each optical fiber configured to receive fluorescence generated from the optofluidic droplet being inserted into the plurality of optical channels.
wherein the plurality of optical channels do not vertically extend with respect to the fluidic channel and are disposed at an inclined angle with respect to a part of the fluid channel into which the fluorescence-exciting light is input.
However, Yoshida teaches a fluorescence excitation device having different wavelengths (paragraph [0100]), a fluorescence measurement device with a wavelength corresponding to each of a plurality of regions of a fluidic channel into which an optofluidic droplet flows (paragraph [0100]), receives fluorescence generated from an optofluidic droplet in each of the plurality of regions (paragraph [0100]), and a plurality of excitation channels into which optical fibers that apply each of the fluorescence-exciting lights (902a and 912a, Fig. 9).
Yoshida discloses the use of multiple wavelengths further improves the accuracy of the measurement taken (paragraph [0100]). Thus, it would be obvious for a person of ordinary skill in the art prior to the effective filing date to combine the device of Yang as modified by Yoshida and Camou with the different wavelengths taught in Yoshida in order to further improve the measurement accuracy.
Yang as modified by Yoshida fails to teach the fluorescence measurement device further includes:
a plurality of optical channels that are formed by being spaced at a predetermined distance from each of a plurality of regions of the fluidic channel by a partition, each optical fiber configured to receive fluorescence generated from the optofluidic droplet being inserted into the plurality of optical channels,
wherein the plurality of optical channels do not vertically extend with respect to the fluidic channel and are disposed at an inclined angle with respect to a part of the fluid channel into which the fluorescence-exciting light is input.
However, Camou discloses a device with an optical channel spaced apart from a fluidic channel with a second, receiving fiber placed in and configured to receive fluorescence from a fluidic channel (see Fig. 2).
Yoshida discloses an issue in the art is the ability to create a miniature device that is also accurate (paragraph [0004]). Camou discloses the optical channel is spaced apart from the fluidic channel in order to create a lens effect which increases the sensitivity of the device (page 188, column 1, paragraph 3), which would create a more accurate device. Thus, a person of ordinary skill in the art prior to the effective filing date would find it obvious to combine the device of Yang as modified by Yoshida with the optical channel spaced apart from the fluidic channel taught by Camou in order to increase sensitivity and accuracy of the device.
Yang as modified by Yoshida and Camou fails to teach the optical channels are disposed at an inclined angle with respect to a part of the fluid channel into which the fluorescence-exciting light is input.
However, Sen teaches a device which places optical grooves with measurement fibers at an angle with respect to the fluidic channel (paragraph [0022] discloses a number of optical grooves placed at an angle with the fluid channel; Fig. 2a depicts the grooves at an angle with respect to the fluid channel. "FL" is the groove containing the fluorescence measurement fiber).
Chien discloses a problem with similar microfluidic devices is that by detecting signals in a direction that is orthogonal to the plane of the fluid channel, only small amounts of material that are present in that spot may be measured which results in reduced sensitivity (paragraphs [0003], [0004]), therefore angling the detector with respect to the fluidic channel enhance the sensitivity of the optical detection. Thus, a person of ordinary skill in the art would find it obvious to combine the device of Yang as modified by Yoshida and Camou with the angled optical channel taught in Sen to enhance the sensitivity of the measurement device.
Regarding claim 13, Yang as modified by Yoshida, Camou and Sen teaches the invention as explained above in claim 12, and further teaches a plurality of reflectors that are formed at an end of each of the plurality of excitation channels, and configured to reflect each of the fluorescence-exciting lights in an upward direction (Yang: mirror, Fig. 9).
Regarding claim 15, Yang as modified by Yoshida, Camou and Sen teaches the invention as explained above in claim 12, and further teaches a spacer that is formed between the fluorescence measurement device and the fluorescence excitation device and which is configured to maintain a predetermined space between the fluorescence measurement device and the fluorescence excitation device (Yang: page 3, column 1, paragraph 1 discloses a glass was placed over the V-shaped groove containing the fiber to separate the excitation unit from the photodetector).
Regarding claim 18, Yang discloses an optofluidic droplet fluorescence measurement device manufacturing method, the method comprising:
forming a first structure by forming an excitation channel, into which a first optical fiber for applying a fluorescence-exciting light is inserted by etching at least a part of a substrate, and by depositing, in at least part of regions including an end of the excitation channel, a reflection layer for reflecting the fluorescence-exciting light in an upward direction (see subsections 2.2 and 2.3; Fig. 4); and
coupling the first structure and the second structure in alignment (page 2, column 1, paragraph 1 discloses coupling the first structure (measurement device) with a second structure (chip containing the microfluidic channel)),
wherein the second structure is disposed above the first structure (page 2, column 2, paragraph 1 discloses the second structure in the chip containing the microfluidic channel, and the first structure is the measurement device. In order for the measurement device to emit light into the microfluidic channel, the second structure must be disposed above the first structure).
Yang fails to teach forming a second structure that includes a fluidic channel, in which an optofluidic droplet flows, and an optical channel into which a second optical fiber configured to receive fluorescence generated from the optofluidic droplet is inserted; and
wherein the optical channel does not vertically extend with respect to the fluidic channel and is disposed at an inclined angle with respect to a part of the fluid channel into which the fluorescence-exciting light is input.
However, Yoshida teaches forming a second structure containing a fluidic channel and optical channel where a fiber is inserted to receive fluorescence (paragraph [0085]).
As discussed above, a goal of Yang is to create a miniature device (page 1, column 2, paragraph 3). Yoshida uses a second structure to contain the fluidic and optical channels in a compact area. Thus, it would be obvious for a person having ordinary skill in the art to combine the method of Yang with the second structure taught in Yoshida in order to further create a miniaturized device.
Yang as modified by Yoshida fails to teach the optical channel does not vertically extend with respect to the fluidic channel and is disposed at an inclined angle with respect to a part of the fluid channel into which the fluorescence-exciting light is input.
Camou discloses a device with an optical channel spaced apart from a fluidic channel with a second, receiving fiber placed in and configured to receive fluorescence from a fluidic channel (Fig. 2), meaning the optical channel does not vertically extend with respect to the fluidic channel.
Yoshida discloses an issue in the art is the ability to create a miniature device that is also accurate (paragraph [0004]). Camou discloses the optical channel is spaced apart from the fluidic channel in order to create a lens effect which increases the sensitivity of the device (page 188, column 1, paragraph 3), which would create a more accurate device. Thus, a person of ordinary skill in the art prior to the effective filing date would find it obvious to combine the device of Yang as modified by Yoshida the optical channel spaced apart from the fluidic channel in order to increase sensitivity and accuracy of the device.
Yang as modified by Yoshida and Camou fails to teach the optical channel is disposed at an inclined angle with respect to a part of the fluid channel into which the fluorescence-exciting light is input.
However, Sen teaches a device which places optical grooves with measurement fibers at an angle with respect to the fluidic channel (paragraph [0022] discloses a number of optical grooves placed at an angle with the fluid channel; Fig. 2a depicts the grooves at an angle with respect to the fluid channel. "FL" is the groove containing the fluorescence measurement fiber).
Chien discloses a problem with similar microfluidic devices is that by detecting signals in a direction that is orthogonal to the plane of the fluid channel, only small amounts of material that are present in that spot may be measured which results in reduced sensitivity (paragraphs [0003], [0004]), therefore angling the detector with respect to the fluidic channel enhance the sensitivity of the optical detection. Thus, a person of ordinary skill in the art would find it obvious to combine the device of Yang as modified by Yoshida and Camou with the angled optical channel taught in Sen to enhance the sensitivity of the measurement device.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Yang ("Miniaturized Fluorescence Excitation Platform with Optical Fiber for Bio-Detection Chips" https://doi.org/10.48550/arXiv.0711.3325) in view of Yoshida (JP2013217916A), Camou ("Integrated 2-D optical lenses designed in PDMS layer to improve fluorescence spectroscopy using optical fibers," SENSORS, 2002 IEEE, Orlando, FL, USA, 2002, pp. 187-191 vol.1, doi: 10.1109/ICSENS.2002.1037079.) and Sen (US20210060560A1) as evidenced by Chien (US20030036206A1) as applied to claim 2 above, and further in view of Spoto (US20140038193A1).
Regarding claim 6, Yang as modified by Yoshida, Camou and Sen teaches the invention as explained above in claim 2, but fails to teach the fluorescence excitation unit comprises a first coupling unit that is formed in at least one region of the substrate, and
wherein the fluorescence measurement device comprises a second coupling unit that is formed at a position corresponding to the first coupling unit and has a shape corresponding to a shape of the first coupling unit so that the fluorescence measurement device is capable of being physically coupled with the fluorescence excitation device.
However, in the same field of endeavor as PCR devices, Spoto teaches a first unit with a coupling unit in one region (paragraph [0186] discloses the cover portion has hooks; 124, Fig. 19) and a second unit which has a second coupling unit formed at a corresponding shape position to the first coupling to enable physical coupling (paragraph [0186] discloses apertures are coupled with the hooks; 114, Fig. 18).
The use of physical coupling units to connect two elements is not novel and is well-known. A person having ordinary skill in the art would find it routine and well-known to include physical coupling units to couple two different elements together as it allows flexibility to attach and detach the two parts. Thus, it would be obvious for a person having ordinary skill in the art prior to the effective filing date to combine the device of Yang as modified by Yoshida with the physical coupling units taught in Spoto as it is well-known and routine method of attaching two elements.
Claims 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Yang ("Miniaturized Fluorescence Excitation Platform with Optical Fiber for Bio-Detection Chips" https://doi.org/10.48550/arXiv.0711.3325) in view of Yoshida (JP2013217916A) Camou ("Integrated 2-D optical lenses designed in PDMS layer to improve fluorescence spectroscopy using optical fibers," SENSORS, 2002 IEEE, Orlando, FL, USA, 2002, pp. 187-191 vol.1, doi: 10.1109/ICSENS.2002.1037079.) and Sen (US20210060560A1) as evidenced by Chien (US20030036206A1) as applied to claim 18 above, and further in view of McDonald (Poly(dimethylsiloxane) as a material for fabricating microfluidic devices. Acc. Chem. Res. 2002, 35 (7), 491– 499, DOI: 10.1021/ar010110q).
Regarding claim 19, Yang as modified by Yoshida, Camou and Sen teaches the invention as explained above in claim 18, but fails to teach forming of the second structure comprise:
forming a channel layer to form the fluidic channel and the optical channel on a first substrate;
forming a polydimethylsiloxane (PDMS) layer with a predetermined thickness on the first substrate including the channel layer; and
forming the second structure by separating the PDMS layer from the first substrate.
However, in the same field of endeavor of microfluidic devices, McDonald teaches forming channels on a first substrate (Fig. 1 discloses using photolithography to create a master substrate with cutouts for channels) and then forming a PDMS layer on the first substrate that has the channels (Fig. 1 further depicts pouring the PDMS layer over the master layer with the channels etched out) and forming the second layer by separating the PDMS layer from the first substrate (Fig. 1 depicts separating the PDMS layer from the master layer and placed it on a flat surface thus creating the second layer).
The method of fabrication as disclosed in McDonald has the advantage of being simple, cheap and not as time-consuming compared to other methods (page 498, column 1, paragraph 1). Thus, it would be obvious to combine the method taught in Yan as modified by Yoshida with the PDMS method taught in McDonald in order to form a structure cheaply and fast.
Regarding claim 20, Yang as modified by Yoshida, Camou, Sen and McDonald teaches the invention as explained above in claim 19 and further teaches the coupling in alignment couples the first structure and the second structure in alignment by using a spacer to maintain a predetermined space between the first structure and the second structure (McDonald: page 495, column 2, paragraph 1 discloses using a polymeric filter between layers, acting as a spacer between structures).
McDonald discloses the method allows for selected light to be detected while also keeping the device compact (McDonald: page 495, column 2, paragraph 1).
Thus, it would be obvious to combine the method taught in Yang as modified by Yoshida with the spacer between structures (layers) taught in McDonald to ensure only the chosen light is detected while also keeping the device compact.
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 Alexandria Mendoza whose telephone number is (571)272-5282. The examiner can normally be reached Mon - Thur 11:00-8:00 ET.
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/ALEXANDRIA MENDOZA/Examiner, Art Unit 2877
/MICHELLE M IACOLETTI/Supervisory Patent Examiner, Art Unit 2877
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