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 .
Applicant's amendment/arguments filed on 2/25/26 as being acknowledged and entered. By this amendment claims 3-6, and 15 are canceled, and claims 1-2, 7-14, and 16 are pending and claims 14 and 16 are withdrawn.
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.
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.
Claims 1-2, and 7-13 are rejected under 35 U.S.C. 103 as being unpatentable over Fife (US PGPub 2012/0000274).
Claim 1: Fife teaches (Fig 2, 6) an ion sensor comprising: a substrate(136); and a plurality of pixels provided on a first surface of the substrate (Fig. 6), wherein each pixel of the plurality of pixels includes a charge storage portion, a first electrode (186), a second electrode (188), a third electrode (184), a fourth electrode (156), and an ion sensitive film (196), the charge storage portion is formed in a region of the substrate along the first surface, and configured to accumulate charges to be injected into a potential well formed in a portion of the substrate overlapping with the third electrode when viewed in a thickness direction of the substrate, the first electrode is disposed on the first surface, and configured to control an amount of charge injection from the charge storage portion to the potential well, the second electrode is disposed on the first surface, and is configured to perform control for transferring charges from the potential well to the outside, the third electrode is disposed between the first electrode and the second electrode on the first surface, the fourth electrode is electrically connected to the third electrode and is disposed on an opposite side of the third electrode from the substrate, the ion sensitive film is provided on a surface of the fourth electrode on a side opposite to the substrate side, and configured to change a potential in accordance with a change in ion concentration of a medium in contact with the ion sensitive film, and a width of the ion sensitive film in a facing direction in which the first electrode and the second electrode face each other is greater than a separation width between the first electrode and the second electrode (Fig. 2). Fife does not teach a portion of the first electrode overlaps with the third electrode when viewed in the thickness direction. The claim does not specify if the first electrode is above the third or vice versa. Overlapping electrodes are common in the semiconductor art as evidenced by several references as seen in the PTO-892 as necessary for the design and function of the device. Therefore, 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 electrodes to overlap as overlapping is common in the industry.
Claim 2: Fife teaches (Fig 2, 6) a surface of the fourth electrode opposite to the substrate side is a flat surface, and the ion sensitive film is formed in a flat shape along the surface of the fourth electrode.
Claim 7: Fife teaches (Fig 2, 6) the portion of the first electrode is disposed on an opposite side of the third electrode from the substrate.
Claim 8: Fife teaches a width in the facing direction of a first portion of the first electrode that overlaps with the third electrode is smaller than a width in the facing direction of a second portion of the first electrode that does not overlap with the third electrode. Overlapping electrodes are common in the semiconductor art as evidenced by several references as seen in the PTO-892 as necessary for the design and function of the device. Therefore, 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 electrodes to overlap as overlapping is common in the industry.
Claim 9: Fife teaches (Fig 2, 6) the width of the first portion is smaller than or equal to 25% of the width of the second portion.
Claim 10: Fife teaches (Fig 2, 6) an ion sensor comprising: a substrate(136); and a plurality of pixels provided on a first surface of the substrate (Fig. 6), wherein each pixel of the plurality of pixels includes a charge storage portion, a first electrode (186), a second electrode (188), a third electrode (184), a fourth electrode (156), and an ion sensitive film (196), the charge storage portion is formed in a region of the substrate along the first surface, and configured to accumulate charges to be injected into a potential well formed in a portion of the substrate overlapping with the third electrode when viewed in a thickness direction of the substrate, the first electrode is disposed on the first surface, and configured to control an amount of charge injection from the charge storage portion to the potential well, the second electrode is disposed on the first surface, and is configured to perform control for transferring charges from the potential well to the outside, the third electrode is disposed between the first electrode and the second electrode on the first surface, the fourth electrode is electrically connected to the third electrode and is disposed on an opposite side of the third electrode from the substrate, the ion sensitive film is provided on a surface of the fourth electrode on a side opposite to the substrate side, and configured to change a potential in accordance with a change in ion concentration of a medium in contact with the ion sensitive film, and a width of the ion sensitive film in a facing direction in which the first electrode and the second electrode face each other is greater than a separation width between the first electrode and the second electrode (Fig. 2). Fife does not teach a portion of the second electrode overlaps with the third electrode when viewed in the thickness direction. Overlapping electrodes are common in the semiconductor art as evidenced by several references as seen in the PTO-892 as necessary for the design and function of the device. Therefore, 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 electrodes to overlap as overlapping is common in the industry.
Claim 11: Fife teaches (Fig 2, 6) the portion of the second electrode is disposed on an opposite side of the third electrode from the substrate.
Claim 12: Fife teaches a width in the facing direction of a third portion of the second electrode that overlaps with the third electrode is smaller than a width in the facing direction of a fourth portion of the second electrode that does not overlap with the third electrode. Overlapping electrodes are common in the semiconductor art as evidenced by several references as seen in the PTO-892 as necessary for the design and function of the device. Therefore, 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 electrodes to overlap as overlapping is common in the industry.
Response to Arguments
Applicant's arguments filed 2/25/26 have been fully considered but they are not persuasive. Applicant argues that, the specific configuration of the first and third or second and third electrode overlapping in the thickness direction, leads to particular functions or performance of the device. The claim language as presented requires at least a partial overlap of the electrodes in the thickness direction but gives no further details on what parts of the electrodes overlap or the type of electrode. Additionally any part of the electrodes can overlap instead of a specified section (left middle top etc.) therefor not giving specific physical features to lead one of ordinary skill in the art to link the claim language to enhanced performance as described in applicant’s arguments. The references given in the previous office action show several related instances where an overlap of electrodes occur and read on the claims as presented. It is also noted that where the claimed and prior art products are identical or substantially identical in structure or composition or are produced by identical or substantially identical processes, claimed properties or functions are presumed to be inherent. In re Best, 195 USPQ 430, 433 (CCPA 1977). It has also been held that products of identical chemical composition cannot have mutually exclusive properties. A chemical composition and its properties are inseparable. Therefore, if the prior arts teach the identical chemical structure the properties applicant discloses and/or claims are necessarily present. In re Spada, 15 USPQ 2d 1655, 1658 (Fed. Cir. 1990). The prior art cited reads on the physical limitations, or the current physical limitations are known in the art and are therefore obvious to one of ordinary skill in the art.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SARAH KATE SALERNO whose telephone number is (571)270-1266. The examiner can normally be reached M-F 6:30am-2:30pm.
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/SARAH K SALERNO/Primary Examiner, Art Unit 2814