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 .
DETAILED ACTION
The applicant’s amendment/remarks dated 03/06/2026 have been received, entered, and fully considered. Claims 1-6, 8-16, and 18-20 are amended. Claims 21-22 are newly added. Claims 7 and 17 are cancelled. Claims 1-6, 8-16, and 18-22 are currently pending and are under examination.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-6, 8-16, and 18-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
The amended recitation “….a plurality of pixels comprising a photodetector….” in line 5 of claim 1 do not seem to be supported in the specification. The recitation seem to imply that each individual pixel is its own photodetector, and multiple of these sensor units are grouped together to form a larger array. But the specification seem to imply that the photodetector is the overarching system or device, and the pixels are simply sub-units making up its surface (the whole contains the parts) (“a photodetector comprising a plurality of pixels"). Therefore, the disclosure does not disclose ‘a plurality of pixels comprising a photodetector’ and limitation is considered new matter.
The amended recitation “….a plurality of pixels comprising a photodetector….” in line 11 of claim 11 do not seem to be supported in the specification. The recitation seem to imply that each individual pixel is its own photodetector, and multiple of these sensor units are grouped together to form a larger array. But the specification seem to imply that the photodetector is the overarching system or device, and the pixels are simply sub-units making up its surface (the whole contains the parts) (“a photodetector comprising a plurality of pixels"). Therefore, the disclosure does not disclose ‘a plurality of pixels comprising a photodetector’ and limitation is considered new matter.
All the dependent claims 2-6, 8-10, 12-16, and 18-20 are rejected under the same rational as the rejection of the parent claims 1 and 11 solely based on their dependency from the rejected parent claims.
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.
Claims 1-6, 8-16, and 18-20 are 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.
It is not clear to the examiner what the recitation“….a plurality of pixels comprising a photodetector….” in line 5 of claim 1 refers to. How each of the plurality of pixels individually have photodetectors and how is that achieved in the invention disclosed. Appropriate correction/clarification required.
It is not clear to the examiner what the recitation“….a plurality of pixels comprising a photodetector….” in line 11 of claim 11 refers to. How each of the plurality of pixels individually have photodetectors and how is that achieved in the invention disclosed. Appropriate correction/clarification required.
All the dependent claims 2-6, 8-10, 12-16, and 18-20 are rejected under the same rational as the rejection of the parent claims 1 and 11 solely based on their dependency from the rejected parent claims.
Allowable Subject Matter
Claims 21-22 are allowed.
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.
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Assres H. Woldemaryam
Primary Examiner (Aeronautics and Astronautics)
Art Unit 3642
/ASSRES H WOLDEMARYAM/Primary Examiner, Art Unit 3642
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