CTNF 18/292,492 CTNF 81639 Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. 12-57 AIA Prior Art of Record The applicant's attention is directed to additional pertinent prior art cited in the accompanying PTO-892 Notice of References Cited, which, however, may not be currently applied as a basis for the following rejections. While these references were considered during the examination of this application and are deemed relevant to the claimed subject matter, they are not presently being applied as a basis for rejection in this Office action. The pertinence of these documents, however, may be revisited, and they may be applied in subsequent Office actions, particularly in light of any amendments or further clarification of the claimed invention. Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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. 07-20-aia AIA 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. 07-21-aia AIA Claim (s)1-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nam et al. (US 20150364521 A1) in view of Miyata (US 20210082988 A1) . PNG media_image1.png 360 470 media_image1.png Greyscale PNG media_image2.png 438 508 media_image2.png Greyscale CLAIM 1. Nam teaches a imaging device, comprising: a first pixel PX2 including a first photoelectric conversion section PX1/140 that selectively receives first wavelength light included in a first wavelength band and performs photoelectric conversion of the first wavelength light (Nam Figs. 9 & 12) ; a second pixel PX3 including a second photoelectric conversion section PX1/140 that selectively receives second wavelength light included in a second wavelength band and performs photoelectric conversion of the second wavelength light, the second pixel being adjacent to the first pixel PX2 (Nam Figs. 9 & 12 & ¶42-48, 58-61). Nam further teaches a spectroscopic section (color separation elements 130) being provided on a boundary between the first pixel and the second pixel, the spectroscopic section separating the first wavelength light and the second wavelength light from the incident light.. Nam indicates that the color separation elements 130 (first and second structures 132, 133) may be formed separate from each other (Nam ¶42-48) . However, Nam may be silent upon explicitly disclosing that a structure in the spectroscopic section has a size less than or equal to a wavelength of incident light. PNG media_image3.png 416 594 media_image3.png Greyscale Miyata Fig. 3B teaches a solid-state imaging device with a micro spectral element having a size (Miyata - ¶[0102] In the above-described arrangement of each columnar structure 121 , it is desirable to arrange it at intervals equal to or less than the wavelength of light in order to prevent unnecessary diffracted light from being generated due to the periodic structure. ) less than or equal to the wavelength of incident light. It would have been obvious to a person of ordinary skill in the art at the time of the invention to modify Nam by adjusting a size of the spacing od the separate color separation structures to be less than or equal to the wavelength of incident light as taught by Miyata. This modification represents a predictable use of prior art elements according to their established functions to optimize spectral separation efficiency. Applying the specific sub-wavelength sizing of Taya to Nam’s separate structures would allow for the optimization of spectral separation based on physical principles of light interaction. A PHOSITA would expect the sizing of the structures relative to the wavelength of light, as taught by Miyata, would improve the efficiency of the wavelength separation already occurring in Nam. As such, it would have been obvious to one of ordinary skill in the art at the time of the invention to modify the size of structures of Nam with the optimized sizing of Miyata, since applying a known technique to a known device ready for improvement to yield predictable results (improved separation) is considered obvious to one of ordinary skill in the art (KSR International Co. v. Teleflex Inc., 550 U.S.-, 82 USPQ2d 1385). CLAIM 2. Nam in view of Miyata teaches a imaging device according to claim 1, comprising a transparent layer 120 including the spectroscopic section 130 , wherein the structure has a refractive index higher than a refractive index of the transparent layer (Nam teaches that the color separation element has a higher refractive index than a transparent dielectric 120, which corresponds to the claimed transparent layer. Nam - ¶24) . CLAIM 3. Nam in view of Miyata teaches a imaging device according to claim 1, comprising a light guiding section that guides light, the light guiding section being provided on the boundary between the first pixel and the second pixel, wherein the spectroscopic section is provided above the light guiding section, and the light guiding section guides light having passed through the spectroscopic section (Nam Figs. 9 & 13- The spectroscopic section guides light toward the filters CF. Specifically, the transparent dielectric formed at the boundary of the pixels corresponds to the light guide unit.) . CLAIM 4. Nam in view of Miyata teaches a imaging device according to claim 1, wherein the first pixel includes a first filter that transmits light of the first wavelength band, the second pixel includes a second filter CF that transmits light of the second wavelength band, the first photoelectric conversion section 140 receives the first wavelength light having passed through the first filter, and the second photoelectric conversion section receives the second wavelength light having passed through the second filter ( Nam Figs. 9 & 13 - Nam discloses a third photoelectric conversion section in the form of third pixels (PX3)) . CLAIM 5. Nam in view of Miyata teaches a imaging device according to claim 4, wherein a plurality of the structures is provided so as to surround each of the first filter and the second filter (Nam Figs. 9 & 13 - Nam as modified by Miyata. Miyata teaches providing a plurality of microstructures (micro-spectroscopic elements) two-dimensionally disposed in a lattice shape on an xy plane, [0079])]. A person of ordinary skill in the art would have been motivated to configure the device of Nam such that a plurality of separation structures are formed in the region between pixels to enhance separation performance across a two-dimensional array) . CLAIM 6. Nam in view of Miyata teaches a imaging device according to claim 4, wherein the spectroscopic section includes a first structure and a second structure having different sizes as the structures, and the spectroscopic section guides the first wavelength light among the incident light toward the first filter and guides the second wavelength light among the incident light toward the second filter ( Nam Figs. 9 & 13 – Nam teaches that the first and second color separation elements may be formed separate from each other, which correspond to the recited first structure and second structure. Miyata Fig. 3B – Similarly demonstrates the same. As taught in both Nam and Miyata, sizing, spacing, refraction, etc.. are all optimized to specific wavelengths.. ) .. CLAIM 7. Nam in view of Miyata teaches a imaging device according to claim 6, wherein the spectroscopic section guides a third wavelength light being included in a third wavelength band of the incident light toward a gap between the first filter and the second filter ( Nam Figs. 9 & 13 – Nam teaches that the first and second color separation elements may be formed separate from each other, which correspond to the recited first structure and second structure. Miyata Fig. 3B – Similarly demonstrates the same. As taught in both Nam and Miyata, sizing, spacing, refraction, etc.. are all optimized to specific wavelengths.. ) .. CLAIM 8. Nam in view of Miyata teaches a imaging device according to claim 1, wherein the spectroscopic section includes the first structure and the second structure as the structures, and separates the first wavelength light and the second wavelength light from the incident light, the first wavelength light being visible wavelength light, the second wavelength light being infrared wavelength light ( The recited wavelength spectrums does not provide a clear structural distinction. Nam Figs. 9 & 13 – Nam teaches that the first and second color separation elements may be formed separate from each other, which correspond to the recited first structure and second structure. Miyata Fig. 3B – Similarly demonstrates the same. As taught in both Nam and Miyata, sizing, spacing, refraction, etc.. are all optimized to specific wavelengths. ) .. CLAIM 9. Nam in view of Miyata teaches a imaging device according to claim 8, wherein the first structure has a size (Note: size is not clearly defined. Size may be length, width, spacing, etc..) less than or equal to a visible wavelength, and the second structure has a size less than or equal to an infrared wavelength and larger than the first structure ( Nam Figs. 9 & 13 – Nam teaches that the first and second color separation elements may be formed separate from each other, which correspond to the recited first structure and second structure. Miyata Fig. 3B – Similarly demonstrates the same. As taught in both Nam and Miyata, sizing, spacing, refraction, etc.. are all optimized to specific wavelengths.) . CLAIM 10. Nam in view of Miyata teaches a imaging device according to claim 9, wherein the first structure is provided on a side of the first pixel, the second structure is provided on a side of the second pixel, and the spectroscopic section guides the first wavelength light among the incident light toward the first photoelectric conversion section and guides the second wavelength light among the incident light toward the second photoelectric conversion section, the first wavelength light being the visible wavelength light, the second wavelength light being the infrared wavelength light ( The recited wavelength spectrums does not provide a clear structural distinction. Nam Figs. 9 & 13 – Nam teaches that the first and second color separation elements may be formed separate from each other, which correspond to the recited first structure and second structure. Miyata Fig. 3B – Similarly demonstrates the same. As taught in both Nam and Miyata, sizing, spacing, refraction, etc.. are all optimized to specific wavelengths. ) .. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JARRETT J STARK whose telephone number is (571)272-6005. The examiner can normally be reached 8-4 M-F. 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, Jessica Manno can be reached at 571-272-2339. 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. JARRETT J. STARK Primary Examiner Art Unit 2822 3/13/2026 /JARRETT J STARK/ Primary Examiner, Art Unit 2898 Application/Control Number: 18/292,492 Page 2 Art Unit: 2898 Application/Control Number: 18/292,492 Page 3 Art Unit: 2898 Application/Control Number: 18/292,492 Page 4 Art Unit: 2898 Application/Control Number: 18/292,492 Page 5 Art Unit: 2898 Application/Control Number: 18/292,492 Page 6 Art Unit: 2898 Application/Control Number: 18/292,492 Page 7 Art Unit: 2898 Application/Control Number: 18/292,492 Page 8 Art Unit: 2898 Application/Control Number: 18/292,492 Page 9 Art Unit: 2898 Application/Control Number: 18/292,492 Page 10 Art Unit: 2898 Application/Control Number: 18/292,492 Page 11 Art Unit: 2898
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