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 .
This action is responsive to the amendment of 09/16/2025.
Response to Arguments
Rejections under 35 U.S.C. § 112(b)
The phrases that previously produced indefiniteness have been removed, so the corresponding rejections under 35 U.S.C. § 112(b) are withdrawn.
Rejections under 35 U.S.C. §§ 102 and 103
Applicant argues that Tajiri does not teach optical filters directly contacting the top surface of the encapsulant, however, this argument is moot. Tajiri is not relied on to teach that limitation in the present action.
Claim Objections
Claims 1, 11, and 18 are objected to because of the following informalities:
Regarding claim 1, the limitation “wherein a top surface and a lateral surface of the first optical filter is spaced apart from the encapsulant” may be intended to use “are” instead of “is”.
Regarding claim 11, the limitation “wherein the surface of the encapsulant recessed toward the first optical emitter” may be intended to include a verb, such as “is” (e.g., “…surface of the encapsulant is recessed…”).
Appropriate correction is required.
Regarding claim 18, the first optical emitter and the second optical emitter are both claimed as emitting the first light. This may be intended or the second emitter may be intended to emit the second light. The claim is interpreted as written, but clarification would be appreciated. In the interest of compact prosecution, the prior art rejection below is also compatible with the other version.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-3, 5-7, 9-11, 14-15, and 18-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chu (US Patent Publication 20160238439).
Regarding claim 1, Chu teaches an optical module (FIG. 15, optical sensor module 10), comprising:
a carrier (FIG. 15, substrate 140, described in paragraph 98 as providing mechanical support for the components (i.e., carrying those components));
a first optical receiver disposed over the carrier (FIG. 15B, photodetector 120, located left of center in the figure) and configured to receive a first light of a first wavelength band (paragraph 119, final sentence points out that the surface thin film mentioned in FIG. 7-11 may be applied. As paragraphs 117-118 point out, the thin film can act as a band-pass filter, as seen in FIG. 11D);
a second optical receiver disposed over the carrier (FIG. 15B, photodetector 120, located right of center in the figure) and configured to receive a second light of a second wavelength band different from the first wavelength band (a result of the encapsulants being constructed differently from each other (paragraph 124, final sentence). Also see paragraph 100, final sentence);
a light blocking structure having a first portion around the first optical receiver and the second optical receiver (FIG. 15, packaging wall 131), wherein the light blocking structure is opaque to the first wavelength band and the second wavelength band (see paragraph 101);
an encapsulant disposed over the carrier (FIG. 15, first encapsulant 111 and second encapsulant 121, both located over substrate 140) and encapsulating the first optical receiver (FIG. 15B, encapsulant 121, located left of the center of the figure) and the second optical receiver (FIG. 15B, encapsulant 121, located right of the center of the figure), wherein the encapsulant has a surface facing away from the carrier (FIG. 15B, the top surface);
a first optical filter disposed over the first optical receiver and directly contacting the surface of the encapsulant (thin film 160, shown in FIG. 11D, when implemented as a band-pass filter on a second encapsulant 121 in FIG. 15B), wherein the first optical filter is configured to allow the first light to pass through (the pass band of the band-pass filtering film); and
a second optical filter disposed over the second optical receiver and directly contacting the surface of the encapsulant (thin film 160, shown in FIG. 11D, when implemented as a band-pass filter on the other second encapsulant 121 in FIG. 15B), wherein the second optical filter is configured to allow the second light to pass through (the pass band of the band-pass filtering film),
wherein a top surface and a lateral surface of the first optical filter is spaced apart from the encapsulant (FIG. 11D, the upper surface and the rightmost surface of thin film 160 are separated from encapsulant 160 by the thickness of the film).
Regarding claim 2, Chu teaches the optical module of claim 1 (as described above), wherein the light blocking structure has a second portion (FIG. 15B, partition 130) disposed between the first optical receiver and the second optical receiver (FIG. 15B, note that the two photodetectors 120 corresponding to the claimed first and second optical receivers are on opposite sides of the partition 130), and the first optical filter and the second optical filter are spaced apart from the second portion (FIG. 15B. Note the gap between the encapsulants 121 (which, according to the last sentence of paragraph 119, can be configured with a surface thin film 160 as shown in FIG. 11) and the partition 130).
Regarding claim 3, Chu teaches the optical module of claim 2 (as described above), wherein the first optical filter is spaced apart from the second optical filter by a gap (FIG. 15B, note that the second encapsulants 121, with their surface thin films 160 are spaced on opposite sides of the LEDs 110), and wherein the gap is over the second portion (when, as allowed by the last sentence of paragraph 119, the sensor module 10 from FIG. 15 has the cover 150 and surface thin film 160 as shown in FIG. 11, the empty space under the cover 150 and over the partition 130 is part of the gap spacing one of the surface thin films 160 on one of the second encapsulants 121 from the other second encapsulant 121 (shown in FIG. 15, but not explicitly shown in FIG. 11 (see the final sentence of paragraph 119))).
Regarding claim 5, Chu teaches the optical module of claim 1 (as described above), wherein the first optical filter is configured to filter the first light reflected from an object to be inspected (paragraph 97, first sentence, with the object under test shown in FIG. 11 as object surface 190, exemplified in paragraph 115 as a biological surface or skin surface), and the first optical filter is inclined with respect to the carrier (FIG. 11D shows a detail in which parts of second microstructure are inclined with respect to the carrier. The lateral portions of surface thin film are also inclined).
Regarding claim 6, Chu teaches the optical module of claim 1 (as described above), wherein the first optical filter includes a high refractive material coating layer and a low refractive material coating layer (paragraph 125).
Regarding claim 7, Chu teaches the optical module of claim 1 (as described above), wherein an interface between the encapsulant and the first optical filter is non-planar and recessed toward the first optical receiver (Microstructure 122, visible in both FIG. 11 and FIG. 15, is non-planar and recessed toward the first optical receiver).
Regarding claim 9, Chu teaches an optical module, comprising:
a carrier (FIG. 15, substrate 140, described in paragraph 98 as providing mechanical support for the components (i.e., carrying those components));
a light blocking structure disposed over the carrier (FIG. 15, packaging wall 131 and partition 130) and defining a plurality of spaces (FIG. 15, there is a space inside partition 130 and a space outside the partition, but inside packaging wall 131);
a plurality of optical receivers, each disposed in one of the plurality of spaces (FIG. 15B, photodetector 120, shown left-of-center, and photodetector 120, shown right-of-center, each located in the space outside of partition 130 and inside of packaging wall 131) configured to receive a reflected light from a to-be-inspected object to obtain a physiological parameter (paragraph 107, sentence 5, uses biological tissue as an example of an to-be-inspected object and oxygenation as an example of a physiological parameter);
an encapsulant disposed in the plurality of spaces and encapsulating the plurality of optical receivers (FIG. 15B, first encapsulant 111 and second encapsulant 121, of which second encapsulant 121 is the portion in which the photodetectors 120 are disposed), wherein the encapsulant has a surface facing away from the carrier (FIG. 15B, the top surface); and
a first optical filter directly contacting the surface of the encapsulant band (paragraph 119, final sentence, points out that the surface thin film 160 of FIG. 7-11 may be applied. As paragraphs 117-118 point out, the thin film can act as a band-pass filter, as seen in FIG. 11D directly contacting the top surface of second encapsulant 121).
Regarding claim 10, Chu teaches the optical module of claim 9 (as described above), further comprising: a first optical emitter disposed over the carrier and in one of the plurality of spaces (FIG. 15, light source 110, disposed on substrate 140 and inside partition 130), wherein the first optical emitter is configured to emit a light to the to-be-inspected object (shown in FIG. 11A as object surface 190), and wherein the first optical filter is configured as a band-pass filter to the light from the first optical emitter (paragraphs 117-118 list a band-pass filter as an option for surface thin film 160).
Regarding claim 11, Chu teaches the optical module of claim 10 (as described above), wherein the surface of the encapsulant recessed toward the first optical emitter (FIG. 11D shows recessed portions as part of microstructure 122).
Regarding claim 14, Chu teaches an optical module comprising:
a carrier (FIG. 15, substrate 140, described in paragraph 98 as providing mechanical support for the components (i.e., carrying those components)):
a first optical receiver disposed over the carrier (FIG. 15B, photodetector 12, located left of center in the figure) and configured to receive a first light of a first wavelength band (paragraph 119, final sentence points out that the surface thin film mentioned in FIG. 7-11 may be applied. As paragraphs 117-118 point out, the thin film can act as a band-pass filter, as seen in FIG. 11D);
a second optical receiver disposed over the carrier (FIG. 15B, photodetector 12, located right of center in the figure) and configured to receive a second light of a second wavelength band different from the first wavelength band (a result of the encapsulants being constructed differently from each other (paragraph 124, final sentence). Also see paragraph 100, final sentence);
an encapsulant disposed over the carrier (FIG. 15, first encapsulant 111 and second encapsulant 121, both located over substrate 140) and encapsulating the first optical receiver (FIG. 15B, encapsulant 121, located left of the center of the figure) and the second optical receiver (FIG. 15B, encapsulant 121, located right of the center of the figure), wherein the encapsulant has a surface facing away from the carrier (FIG. 15B, the top surface);
a first optical filter disposed over the first optical receiver and directly contacting the surface of the encapsulant (thin film 160, shown in FIG. 11D, when implemented as a band-pass filter on a second encapsulant 121 in FIG. 15B), wherein the first optical filter is configured to allow the first light to pass through (the pass band of the band-pass filtering film), wherein the first optical filter is configured to allow the first light to pass through (the pass band of the band-pass filtering film);
a second optical filter disposed over the second optical receiver and directly contacting the surface of the encapsulant (thin film 160, shown in FIG. 11D, when implemented as a band-pass filter on the other second encapsulant 121 in FIG. 15B), wherein the second optical filter is configured to allow the second light to pass through (the pass band of the band-pass filtering film); and
a light blocking structure disposed over the carrier (FIG. 15, partition 130 and packaging wall 131), wherein the light blocking structure has an outermost portion surrounding the first optical receiver and the second optical receiver (FIG. 15, packaging wall 131), and a plurality of segments extending along a first direction (FIG. 15A, top and bottom segments of partition 130, but not seen in FIG. 15B due to the choice of cross-section) and a second direction (FIG. 15A, left and right segments of partition 130, also seen in FIG. 15B), wherein one of the plurality of segments is disposed between the first optical receiver (FIG. 15B, either of the segments in the second direction) and the second optical receiver and configured to block the first light from being received by the second optical receiver (paragraph 122 describes how the partition 130 can reduce direct crosstalk from the LEDs 110 (including the first light) to the photodiodes 120 (including the second optical receiver). Note that while paragraph 122 discusses crosstalk reduction in the context of the hexagonal partition 130 found in FIG. 14, the square partition 130 in FIG. 15 would screen direct crosstalk just as well and in the same manner).
Regarding claim 15, Chu teaches the optical module of claim 14 (as described above), further comprising:
a plurality of optical receivers (FIG. 15A, photodetectors 120), including the first optical receiver (FIG. 15A, the photodetector 120 directly left of partition 130) and the second optical receiver (FIG. 15A, the photodetector 120 directly left of partition 130) disposed over the carrier (FIG. 15, substrate 140), wherein the plurality of optical receives are arranged along the first direction (FIG. 15A, the center-left and center-right photodetectors 120 are separated along the same direction as the top and bottom segments of partition 130) and separated from one another by the light blocking structure (FIG. 15B, the left and right segments of partition 130 divide those particular photodetectors 120).
Regarding claim 18, Chu teaches the optical module of claim 14 (as described above), further comprising:
a first optical emitter disposed over the carrier and configured to emit the first light (FIG. 15, one of the LEDs 110); and
a second optical emitter disposed over the carrier and configured to emit the first light (FIG. 15, the other LED 110, described in paragraph 124, sentence 2 as optionally emitting a different wavelength of light), wherein the first optical filter extends over the first optical receiver, the first optical emitter, and the second optical emitter (paragraph 119, final sentence, discloses that the surface thin film 160 may be covering the encapsulants in the embodiment in FIG. 15, which would include the first encapsulant 111, containing the LEDs 110, and a second encapsulant 121, encapsulating a photodetector 120).
Regarding claim 19, Chu teaches the optical module of claim 14 (as described above), wherein the surface of the encapsulant is uneven (FIG. 11D, microstructure 122, applied to the embodiment found in FIG. 15 (see the last sentence of paragraph 119)).
Regarding claim 20, Chu teaches the optical module of claim 19 (as described above), wherein an elevation of an interface between the encapsulant and the first optical filter is lower than a top surface of the light blocking structure (FIG. 15B shows the top surface of second encapsulant 121, where that interface is located, visibly lower in elevation than each of the top surfaces of the partition 130 and the packaging wall 131. Note that this is consistent with FIG. 9, which shows the light blocking structures level with the upper parts of top surface of the surface thin film, which is necessarily higher than even the upper parts of the interface between film and encapsulant (by an amount equal to the thickness of the film)).
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.
Claim(s) 4, 8, 12, and 16-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chu (US Patent Publication 20160238439).
Regarding claim 4, Chu teaches the optical module of claim 1 (as described above).
While Chu does not explicitly teach that the first optical filter contacts a lateral surface and a top surface of the second optical filter, Chu does contemplate other arrangement patterns of the optical sensor module. While not explicitly called out, arranging the photodetectors 110 closer together so that their second encapsulants 121 touch (akin to the second encapsulant 121 from FIG. 12, but with separate photodetectors 120) would result in the first optical filter contacting a lateral surface (along most of the surface of contact) and a top surface (at the top edge of the region of contact) of the second optical filter.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the optical sensor module of Chu to have a different shape by moving the photodetectors inward in a way that the optical filters touch each other, predictably achieving the same results with a reasonable expectation of success.
Regarding claim 8, Chu teaches the optical module of claim 1 (as described above), further comprising:
an optical emitter disposed over the carrier (FIG. 15, light source 110, located atop substrate 140), wherein the optical emitter is configured to emit a third light of a third wavelength band encompassing the first wavelength band (paragraph 107 describes how measuring oxygenation of biological tissue requires wavelengths in infrared (a first wavelength band) and red (a second wavelength band, different from the first), and that a single LED can be implemented that emits both infrared and red light (a third wavelength band that encompasses the infrared first wavelength band)); and
an electronic component, wherein the electronic component is configured to control the optical emitter based on a property of the first light (paragraph 99, the microcontroller, light source driver, or gated power source that causes the light to be emitted at different wavelengths synchronously or asynchronously).
While the embodiment of Chu currently under consideration does specify that the controller is connected electrically to light source 110 (paragraph 99), it is only in other embodiments that Chu explicitly teaches that the electronic component is disposed over the carrier (such as FIG. 57, microcontroller 142, shown atop substrate 140). Making the microcontroller integral with the substrate by placing it over the substrate can allow for a more compact design than using separate components, while predictably retaining the same function for the device.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified an optical sensor module of Chu by integrating the microcontroller on top of the substrate, as also taught by Chu, in order to same space in the device compared to using separate substrates or printed circuit boards. Also see MPEP 2144.04 V B.
Regarding claim 12, Chu teaches the optical module of claim 10 (as described above). wherein the light blocking structure directly contacts the carrier (FIG. 15B, notice the direct contact between substrate 140 and both partition 130 and packaging wall 131).
While Chu does not explicitly teach that the light blocking structure tapers away from the carrier, mere changes to the shape of a prior art device (such as tapering the light blocking structures in an optical module) are generally insufficient to patentably distinguish over the prior art, absent some significant effect from the choice of shape (such as changing the light blocking properties of those structures). See MPEP 2144.04 IV B.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the optical sensor module of Chu to have a different shape by tapering the partition 130 and packaging wall 131 away from substrate 140, saving material while still providing opaque barriers to block stray light and direct crosstalk.
Regarding claim 16, Chu teaches the optical module of claim 15 (as described above).
While Chu does not explicitly teach that the light blocking structure has a portion extending along the first direction till an edge of the carrier and having a surface coplanar with the edge of the carrier in FIG. 15, which depicts a circular shape for packaging wall 15, Chu does teach other embodiments in which the light blocking structure has a portion extending along the first direction till an edge of the carrier and having a surface coplanar with the edge of the carrier (for example, FIG. 18 shows a rectangular packaging wall 131 flush with the edge of substrate 140 on all four edges.) Placing such a packaging wall around the roughly square formation of photodetectors 120 in FIG. 15 would allow for a smaller substrate, saving materials and achieving a more compact device.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the optical sensor module of Chu with a rectangular packaging wall 131 and reducing the size of the substrate to match the size of the packaging wall in order to achieve the predictable benefit of a smaller, more compact device, with a reasonable expectation of success.
Regarding claim 17, Chu teaches the optical module of claim 15 (as described above).
While an embodiment described in the last sentence of paragraph 119 of Chu may not explicitly teach that a height of the one of the plurality of segments is greater than a height of the outermost portions, a different embodiment found in Chu does teach that a height of the one of the plurality of segments is greater than a height of the outermost portions (FIG. 50, in which partition 130 extends upward, flush with the top of transparent windows 152, which is higher than the walls enclosing the optical components around the outside of the device). By extending the partition up through the transparent windows, Chu is able to better block crosstalk from the light emitters to the light receivers due to reflections from a cover (such as cover 150, shown in FIG. 11, but applicable to the device in FIG. 15 (see the last sentence of paragraph 119). For additional discussion of the importance of blocking reflective crosstalk from a transparent cover, see paragraph 64 of Chan (US Patent Publication 20160146639)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the optical sensor module of Chu with the taller partition found in a different embodiment of Chu by extending the partition 130 to be flush with the upper surface of cover 150 in order to block more of the direct crosstalk from the emitters to the photodetectors without relying solely on anti-reflective coatings.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chu (US Patent Publication 20160238439) in view of Chan (US Patent Publication 20160146639).
Regarding claim 13, Chu teaches the optical module of claim 10 (as described above), further comprising:
a second optical filter directly contacting the surface of the encapsulant (FIG. 11C shows encapsulant 111 with surface thin film 160 on it. FIG. 11A make it clear that the surface thin film 160 also directly contacts the upper surface of encapsulant 111),
wherein a passing band of the first optical filter and a passing band of the second optical filter are non-overlapping (paragraph 100 explains that light source 110 may emit at a different wavelength band from the detection spectrum of photodetector 120, citing fluorescence measurements as a reason to do so. Paragraph 118 describes using the thin film 160 over the light emitter to filter the emitted light (excitation light in the case of fluorescence measurements) and using the thin film over the photodetector to pass the (longer wavelength) fluorescent light while excluding the (shorter wavelength) excitation light).
Chu does not explicitly teach that a portion of the first optical filter and a portion of the second optical filter are overlapped with the light blocking structure.
In the same field of endeavor of optical modules, Chan does teach a portion of the first optical filter and a portion of the second optical filter are overlapped with the light blocking structure (FIG. 2 shows that the optical plate 17 is disposed in groove 113, causing the filter (see paragraph 38) to overlap with the light blocking structures). By overlapping the optical plate 17 with the light blocking structures, Chan is able to hold the filter in place in a way that covers the openings without light leaking around the filter.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the optical module of Chu with the optical plate design of Chan for each of the first and second optical filters, achieving the predictable result of filtering the light without additional leakage and having a reasonable expectation of success.
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 PAUL D SCHNASE whose telephone number is (703)756-1691. The examiner can normally be reached Monday - Friday 8:30 AM - 5:00 PM ET.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tarifur Chowdhury can be reached at (571) 272-2287. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/PAUL SCHNASE/Examiner, Art Unit 2877
/TARIFUR R CHOWDHURY/Supervisory Patent Examiner, Art Unit 2877