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 .
Claim Rejections - 35 USC § 102
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 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) 1-7, 10, 11, 13, and 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yamamoto et al. (US 2014/0194748 A1, cited by Applicant).
With respect to claims 1, 3, 10, 13, and 14, Yamamoto discloses: a photoelectric conversion element comprising: a first photoelectric converter including a plurality of first photoelectric conversion portions that is periodically arranged in each of a first direction and a second direction orthogonal to each other (201, Fig. 7-8) and each detects light in a first wavelength range and each photoelectrically convert the light (visible range, par. [0046]); and a second photoelectric converter stacked on the plurality of first photoelectric converters in a stacking direction orthogonal to both the first direction and the second direction (301, stacked vertically below 201, Fig. 7-8), and including one second photoelectric conversion portion that detects light in a second wavelength range (infrared, par. [0046]) having passed through the plurality of first photoelectric conversion portions and photoelectrically converts the light, wherein n times (n is a natural number) a first arrangement period of the plurality of first photoelectric conversion portions in the first direction is substantially equal to a first dimension of the one second photoelectric conversion portion in the first direction (width direction of Fig. 7, 8; n = 2 in Fig. 7, n = 3 in Fig. 8), and n times (n is a natural number) a second arrangement period of the plurality of first photoelectric conversion portions in the second direction is substantially equal to a second dimension of the one second photoelectric conversion portion in the second direction (depth direction of Fig. 7, 8; n = 2 in Fig. 7, n = 3 in Fig. 8).
With further respect to claim 13, Yamamoto further discloses the use of an infrared light source (601, par. [0087]).
With further respect to claim 14, Yamamoto further discloses an optical section (lens, 604), a signal processor (arithmetic operation unit, 704), and the photoelectric conversion element as addressed above.
With respect to claims 2 and 11, Yamamoto discloses the claimed device wherein the first arrangement period and the second arrangement period are substantially equal to each other, and the first dimension and the second dimension are substantially equal to each other (as shown in Fig. 4, wherein element 201 match with elements 301).
With respect to claims 4-6, Yamamoto discloses the claimed device wherein the plurality of first photoelectric conversion portions include a red light detection portion that detects red light and photoelectrically converts the red light, a green light detection portion that detects green light and photoelectrically converts the green light, and a blue light detection portion that detects blue light and photoelectrically converts the blue light (par. [0097]), and wherein the red light detection portion, the green light detection portion, and the blue light detection portion are periodically arranged in each of the first direction and the second direction (201/202/203, Fig. 4) and further wherein one or more pixel groups each including the red light detection portion, the green light detection portion, and the blue light detection portion are periodically arranged in a region corresponding to the one second photoelectric converter (one group is shown in layer on first substrate 101, Fig. 4).
With respect to claim 7, Yamamoto discloses the claimed red, green, and blue detection portions arranged in a Bayer pattern (Fig. 7/8).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 12 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yamamoto.
With respect to claims 12 and 15, Yamamoto discloses: a photoelectric conversion element comprising: a first photoelectric converter including a plurality of first photoelectric conversion portions that is periodically arranged in each of a first direction and a second direction orthogonal to each other (201, Fig. 7-8) and each detects light in a first wavelength range and each photoelectrically convert the light (visible range, par. [0046]); and a second photoelectric converter stacked on the plurality of first photoelectric converters in a stacking direction orthogonal to both the first direction and the second direction (301, stacked vertically below 201, Fig. 7-8), and including one second photoelectric conversion portion that detects light in a second wavelength range (infrared, par. [0046]) having passed through the plurality of first photoelectric conversion portions and photoelectrically converts the light, wherein n times (n is a natural number) a first arrangement period of the plurality of first photoelectric conversion portions in the first direction is substantially equal to a first dimension of the one second photoelectric conversion portion in the first direction (width direction of Fig. 7, 8; n = 2 in Fig. 7, n = 3 in Fig. 8), and n times (n is a natural number) a second arrangement period of the plurality of first photoelectric conversion portions in the second direction is substantially equal to a second dimension of the one second photoelectric conversion portion in the second direction (depth direction of Fig. 7, 8; n = 2 in Fig. 7, n = 3 in Fig. 8). Yamamoto discloses light sources that emit light in the infrared wavelength (601) and in the visible wavelength (602/603).
With further respect to claim 12, Yamamoto does not specify the relative light amount distributions of the first and second wavelength ranges. However, it would have been obvious to one having ordinary skill in the art to select any necessary optical elements and/or filters in order to obtain desired light detection characteristics. It has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
With further respect to claim 15, Yamamoto is silent with regard to the device being a “mobile body”. Such a modification would have been obvious, since it has been held that making an old device portable or movable without producing any new and unexpected result involves only routine skill in the art. In re Lindberg, 93 USPQ 23 (CCPA 1952).
Claim(s) 8 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yamamoto, in view of Usui et al. (US 2018/0213142 A1).
With respect to claims 8 and 9, Yamamoto is silent with regard to the use of phase difference detection pixels. Usui, from the same field of endeavor, discloses the use of a phase difference detection pixel (par. [0085]). It would have been obvious to one having ordinary skill in the art to incorporate a phase difference detection pixel in order to provide optical focusing (Usui, par. [0085]). With further respect to claim 9, it would have been obvious to provide a phase difference detection pixel with any desired amount of first photoelectric conversion portions of the plurality of first photoelectric conversion portions, in order to provide adequate focusing and depth information for the desired application. It has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
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 9 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.
With respect to claim 9, there is no antecedent basis for “one of the phase difference detection pixels”. Claim 8 recites only “a phase difference detection pixel”.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARK R GAWORECKI whose telephone number is (571)272-8540. The examiner can normally be reached Monday-Friday 8 AM-6 PM.
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/MARK R GAWORECKI/ Primary Examiner, Art Unit 2884 14 October 2025