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 § 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.
Claims 94, 97-99 and 101 are rejected under U.S.C. 103 as being unpatentable over Cai et al; US 2019/0198553 A1; 12/2017 in view of Kuo et al.; US 2012/0056305 A1; 09/2010
Claim 94: Cai discloses a method comprising: placing one or more nucleic acids ( [0034] Analytes #28 ( such as DNA segments, oligonucleotides, other nucleic-acid chains or the like) may be disposed within the nanowells #26 ) in reaction sites ( Fig. 1 #28) of a sensor (Fig. 1 #50 ), the sensor ( Fig. 1 #50 ) comprising: a substrate ( Fig. 1 #38 ) comprising one or more diodes ( Fig. 1 #42 ); wherein the second oxide layer ( Fig. 1 #66 ) comprises wells ( Fig. 1 #26 ) and the reaction sites ( Fig. 1 #28 ); exposing the reaction sites ( Fig. 1 #28 ) of the sensor ( Fig. 1 #50 ) to light from a light source ( Fig. 1 #58 ), wherein the light comprises excitation light ( Fig. 1 #58 ) and emitted light ( Fig. 1 #44 ); receiving, by the one or more diodes ( Fig. 1 #42 ), the emitted light ( Fig. 1 #44 ) from the reaction sites ( Fig. 1 #28 ); filters the excitation light from the light ( Fig. 1 light guide #50 ) and reduces crosstalk associated with the emitted light ( [0009] A crosstalk blocking metal structure is disposed in the passivation stack ) ; and identifying, based on the emitted light, a composition of the one or more nucleic acids ( [0034] Analytes #28 ( such as DNA segments, oligonucleotides, other nucleic-acid chains or the like) may be disposed within the nanowells #26 ).
Cai does not appear to disclose a first oxide layer formed over a top surface of the substrate; a germanium layer over a top surface of the first oxide layer, wherein the germanium layer comprises one or more trenches positioned above a space between at least one diode and another diode of the one or more diodes, on a vertical axis extending from a bottom surface of the sensor to the top surface of the germanium layer; and a second oxide layer over a top surface of the germanium layer, wherein the second oxide layer fills the trenches in the germanium layer, wherein the second oxide layer comprises one or more trenches, each trench in the second oxide layer positioned above at least one diode of the one or more diodes, on a vertical axis extending from a bottom surface of the sensor to a top surface of the second oxide layer, wherein the trenches in the second oxide layer expose portions of the germanium layer, via the germanium layer, wherein the germanium layer
However, Kuo teaches a first oxide layer ( Fig. 8 #216 ) formed over a top surface of the substrate ( Fig. 8 #202 ); a germanium layer ( Fig. 8 #230 ) over a top surface of the first oxide layer ( Fig. 8 #216 ), wherein the germanium layer ( Fig. 8 #230 ) comprises one or more trenches ( Fig. 8 #222A ) positioned above a space between at least one diode ( Fig. 8 #200 is a BJT device which includes multiple diodes ) and another diode of the one or more diodes ( as discussed above ), on a vertical axis extending from a bottom surface of the sensor to the top surface of the germanium layer ( Fig. 8 #222A trench is vertical ); and a second oxide layer ( Fig. 8 #232 ) over a top surface of the germanium layer (Fig. 8 #230 ), wherein the second oxide layer ( Fig. 8 #232 ) fills the trenches ( Fig. 8 #222A ) in the germanium layer ( Fig. 8 #230 ), wherein the second oxide layer comprises one or more trenches ( Fig. 8 #222A ), each trench in the second oxide layer positioned above at least one diode of the one or more diodes ( Fig. 8 #200), on a vertical axis extending from a bottom surface of the sensor to a top surface of the second oxide layer ( as shown in Fig. 8 ), wherein the trenches ( Fig. 8 #222A ) in the second oxide layer ( Fig. 8 #232 ) expose portions of the germanium layer ( Fig. 8 #230 ) , via the germanium layer ( Fig. 8 #230 ), wherein the germanium layer ( Fig. 8 #230)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to utilize the teachings of Kuo with Cai to implement a first oxide layer formed over a top surface of the substrate; a germanium layer over a top surface of the first oxide layer, wherein the germanium layer comprises one or more trenches positioned above a space between at least one diode and another diode of the one or more diodes, on a vertical axis extending from a bottom surface of the sensor to the top surface of the germanium layer; and a second oxide layer over a top surface of the germanium layer, wherein the second oxide layer fills the trenches in the germanium layer, wherein the second oxide layer comprises one or more trenches, each trench in the second oxide layer positioned above at least one diode of the one or more diodes, on a vertical axis extending from a bottom surface of the sensor to a top surface of the second oxide layer, wherein the trenches in the second oxide layer expose portions of the germanium layer, via the germanium layer, wherein the germanium layer because this structure is designed to reduce electrical and optical crosstalk between pixels and enhance the sensor’s sensitivity.
Claim 97: Cai and Kuo disclose the method of claim 94 ( as discussed above).
Cai teaches the reaction sites comprise fluorophores ( [0041] During operation, various types of excitation light #58 is radiated onto the analytes #28 in the nanowells #26, causing the labeled molecules #36 to fluoresce emissive light #44 ), and wherein based on exposing the reaction sites ( Fig. 1 #26 ) of the sensor to light from a light source ( Fig. 1 #58 ), the excitation light causes the fluorophores to emit the emitted light ( as discussed above).
Claim 98: Cai and Kuo disclose the method of claim 94 ( as discussed above).
Cai does not appear to disclose the germanium layer comprises germanium and silicon.
However, Kuo teaches the germanium layer comprises germanium and silicon ( [0020] the base layer #230 is a silicon germanium (SiGe) layer).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to utilize the teachings of Kuo with Cai to implement the germanium layer comprises germanium and silicon because this improves the tunability of electronic and optical properties.
Claim 99: Cai and Kuo disclose the method of claim 94 ( as discussed above).
Cai teaches the sensor is a front-side illuminated ( Fig. 1 #58 ) complementary metal-oxide semiconductor ( [0049] a complementary metal oxide semiconductor (CMOS) material ).
Claim 101: Cai and Kuo disclose the method of claim 94 ( as discussed above).
Cai does not appear to disclose the sensor further comprising: a silicon layer over the top surface of the second oxide layer.
However, Kuo teaches the sensor further comprising: a silicon layer ( Fig. 13 #418) over the top surface of the second oxide layer ( Fig. 13 #416 ).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to utilize the teachings of Kuo with Cai to implement the sensor further comprising: a silicon layer over the top surface of the second oxide layer because the silicon layer can electrically isolate the components and reduce parasitic effects.
Claims 95 and 96 are rejected under U.S.C. 103 as being unpatentable over Cai et al; US 2019/0198553 A1; 12/2017 in view of Kuo et al.; US 2012/0056305 A1; 09/2010 as it relates to claim 94 and further in view of Kurachi et al.; US 2024/0145519 A1; 03/2022
Claim 95: Cai and Kuo disclose the method of claim 94 ( as discussed above).
Neither Cai nor Kuo appear to disclose the sensor further comprising: a conductive layer on the top surface of the sensor.
However, Kurachi teaches the sensor ( Fig. 2 #202) further comprising: a conductive layer ( Fig. 2 #115 ) on the top surface of the sensor ( Fig. 2 #202 ).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to utilize the teachings of Kurachi with Kuo and Cai to implement the sensor further comprising: a conductive layer on the top surface of the sensor because the top layer can be used as an electrode or provide electromagnetic shielding.
Claim 96: Cai, Kuo, and Kurachi disclose the method of claim 95 ( as discussed above).
Cai discloses receiving the emitted light ( Fig. 1 #44 ) from the reaction sites ( Fig. 1#28 ) further comprises: propagating ( Fig. 1 #50) the emitted light ( Fig. 1 #44 ) to reach at least one diode of the one or more diodes ( Fig. 1 #42).
Cai does not appear to disclose the germanium layer.
However, Kuo teaches the germanium layer ( Fig. 8 #230 ).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to utilize the teachings of Kurachi with Cai and Kuo to implement the germanium layer because this enables infrared sensitivity.
Claim 100 is rejected under U.S.C. 103 as being unpatentable over Cai et al; US 2019/0198553 A1; 12/2017 in view of Kuo et al.; US 2012/0056305 A1; 09/2010 as it relates to claim 94 and further in view of Kubo et al.; US 2024/0014229 A1; 11/2021
Claim 100: Cai and Kuo disclose the method of claim 94 ( as discussed above).
Neither Cai nor Kuo appear to disclose the sensor is a back-side illuminated complementary metal-oxide semiconductor.
However, Kubo teaches the sensor is a back-side illuminated ( [0136] Furthermore, the solid-state imaging device #1 is, for example, a back-side illumination solid-state imaging device in which the back surface side of the semiconductor substrate #13 is illuminated with light ) complementary metal-oxide semiconductor ( [0095] a CMOS image sensor, will be described with reference to Fig. 1 ).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to utilize the teachings of Kurachi with Kuo and Cai to implement the sensor is a back-side illuminated complementary metal-oxide semiconductor because reversing the sensor’s structure can significantly improve light capture efficiency and reduce noise.
Claim 102 is rejected under U.S.C. 103 as being unpatentable over Cai et al; US 2019/0198553 A1; 12/2017 in view of Kuo et al.; US 2012/0056305 A1; 09/2010 as it relates to claim 94 and further in view of Fang et al.; US 2023/0066085 A1; 08/2021
Claim 102: Cai and Kuo disclose the method of claim 94 ( as discussed above).
Neither Cai nor Kuo appear to disclose the sensor further comprising: a conductive layer comprising a lining of the one or more trenches in the germanium layer.
However, Fang teaches the sensor further comprising: a conductive layer comprising a lining ( Fig. 8 #21 ) of the one or more trenches ( Fig. 8 #69 ) in the germanium layer ( Fig. 8 #30L ) .
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to utilize the teachings of Kurachi with Kuo and Cai to implement the sensor further comprising: a conductive layer comprising a lining of the one or more trenches in the germanium layer because this approach improves signal isolation, charge collection, and device efficiency.
Claim 117 is rejected under U.S.C. 103 as being unpatentable over Cai et al; US 2019/0198553 A1; 12/2017 in view of Kuo et al.; US 2012/0056305 A1; 09/2010 and Kurachi et al.; US 2024/0145519 A1; 03/2022 and further in view of Kang et al.; US 2022/0399393 A1; 06/2021
Claim 117: Cai, Kuo, and Kurachi disclose the method of claim 95 ( as discussed above).
Neither Cai nor Kuo nor Kurachi appear to disclose receiving the emitted light from the reaction sites via the germanium layer further comprises: propagating the emitted light through the germanium layer to reach at least one diode of the one or more diodes and reducing crosstalk to another diode of the one or more diodes.
However, Kang teaches receiving the emitted light from the reaction sites via the germanium layer ( Fig. 5A SiGe element #300 ) further comprises: propagating the emitted light through the germanium layer ( Fig. 5A #300) to reach at least one diode of the one or more diodes ( Fig. 5 large photodiodes (LPDs)) and reducing crosstalk ( [0036] First, since the SiGe material has higher absorption coefficient, more of the incoming light 50-1 can be absorbed inside the LPD 210-1 before entering the adjacent SPDs as a crosstalk ) to another diode of the one or more diodes ( Fig. 5 small photodiodes (SPDs)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to utilize the teachings of Kang with Cai, Kuo and Kurachi to implement receiving the emitted light from the reaction sites via the germanium layer further comprises: propagating the emitted light through the germanium layer to reach at least one diode of the one or more diodes and reducing crosstalk to another diode of the one or more diodes because this allows for efficient absorption of short wavelength infrared light.
Claim 118 is rejected under U.S.C. 103 as being unpatentable over Cai et al; US 2019/0198553 A1; 12/2017 in view of Kuo et al.; US 2012/0056305 A1; 09/2010 and further in view of Abreu; US 2002/0049389 A1; 02/2001
Claim 118: Cai discloses a method comprising: placing one or more nucleic acids ( [0034] Analytes #28 ( such as DNA segments, oligonucleotides, other nucleic-acid chains or the like) in reaction sites ( Fig. 1 #28) of a sensor ( Fig. 1 #50 ), the sensor ( Fig. 1 #50 ) comprising: a substrate ( Fig. 1 #38 ) comprising one or more diodes ( Fig. 1 #42 ); wherein the second oxide layer ( Fig. 1 #66 ) comprises wells ( Fig. 1 #26 ) and the reaction sites ( Fig. 1 #28 ); exposing the reaction sites ( Fig. 1 #28 ) of the sensor ( Fig. 1 #50 ) to light from a light source ( Fig. 1 #58 ), wherein the light comprises excitation light ( Fig. 1 #58 ) and emitted light ( Fig. 1 #44 );
Cai does not appear to disclose a first oxide layer formed over a top surface of the substrate; a germanium layer over a top surface of the first oxide layer, wherein the germanium layer comprises one or more trenches positioned above a space between at least one diode and another diode of the one or more diodes, on a vertical axis extending from a bottom surface of the sensor to the top surface of the germanium layer; and a second oxide layer over a top surface of the germanium layer, wherein the second oxide layer fills the trenches in the germanium layer, wherein the second oxide layer comprises one or more trenches, each trench in the second oxide layer positioned above at least one diode of the one or more diodes, on a vertical axis extending from a bottom surface of the sensor to a top surface of the second oxide layer, wherein the trenches in the second oxide layer expose portions of the germanium layer; receiving, by the one or more diodes, the emitted light from the reaction sites via the germanium layer, wherein the germanium layer comprises an emission filter which filters the excitation light from the light and a loss induced crosstalk reduction(LICR) layer which provides tailored absorption of the emitted light to reduce crosstalk associated with the emitted light; and identifying, based on the emitted light, a composition of the one or more nucleic acids.
However, Kuo teaches a first oxide layer ( Fig. 8 #216 ) formed over a top surface of the substrate ( Fig. 8 #202 ); a germanium layer ( Fig. 8 #230 ) over a top surface of the first oxide layer ( Fig. 8 #216 ), wherein the germanium layer ( Fig. 8 #230 ) comprises one or more trenches ( Fig. 8 #222A ) positioned above a space between at least one diode ( Fig. 8 #200 is a BJT device which includes multiple diodes ) and another diode of the one or more diodes ( as discussed above ), on a vertical axis extending from a bottom surface of the sensor to the top surface of the germanium layer ( Fig. 8 #222A trench is vertical ); and a second oxide layer ( Fig. 8 #232 ) over a top surface of the germanium layer (Fig. 8 #230 ), wherein the second oxide layer ( Fig. 8 #232 ) fills the trenches ( Fig. 8 #222A ) in the germanium layer, wherein the second oxide layer comprises one or more trenches ( Fig. 8 #222A ), each trench in the second oxide layer positioned above at least one diode of the one or more diodes ( Fig. 8 #200), on a vertical axis extending from a bottom surface of the sensor to a top surface of the second oxide layer ( as shown in Fig. 8 ), wherein the trenches ( Fig. 8 #222A ) in the second oxide layer ( Fig. 8 #232 ) expose portions of the germanium layer ( Fig. 8 #230 ); receiving, by the one or more diodes, the emitted light from the reaction sites via the germanium layer.
Kuo does not appear to disclose the germanium layer comprises an emission filter which filters the excitation light from the light and a loss induced crosstalk reduction(LICR) layer which provides tailored absorption of the emitted light to reduce crosstalk associated with the emitted light; and identifying, based on the emitted light, a composition of the one or more nucleic acids.
However, Abreu teaches the germanium layer comprises an emission filter
which filters the excitation light from the light ( [1165] The preferred embodiment comprised an arrangement which included the thermopile coupled to the germanium coated selective filter for passing a wavelength corresponding to a wavelength of high correlation with the substance of interest )
and a loss induced crosstalk reduction(LICR) layer which provides tailored absorption of the emitted light to reduce crosstalk associated with the emitted light ( an emission filter is designed to reduce spectral crosstalk ); and identifying, based on the emitted light, a composition of the one or more nucleic acids ( [0240] Complete clinical chemistry, biochemical analysis, nucleic acid separation, inumunoassays, and cellular processing, can be performed on a continuous manner by using the appropriate integration of chip with biochemical processing and associated remote transmission associated with the continuous flow of fluid and cells from the eye )
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to utilize the teachings of Abreu with Cai and Kuo to implement the germanium layer comprises an emission filter which filters the excitation light from the light and a loss induced crosstalk reduction(LICR) layer which provides tailored absorption of the emitted light to reduce crosstalk associated with the emitted light; and identifying, based on the emitted light, a composition of the one or more nucleic acids because the use of germanium allows for high sensitivity detection and is CMOS fabrication processes.
Response to Amendment/Arguments
Applicant’s arguments, see page, filed 01/19/2026, with respect to drawings missing "a first oxide layer formed over a top surface of the substrate; a germanium layer over a top surface of the first oxide layer," and "the second oxide layer comprises wells and the rea have been fully considered and are persuasive. The objection of 10/21/2026 has been withdrawn.
Applicant’s arguments, see pages 13-14 of remarks, filed 01/19/2026, with respect to the rejection(s) of claims 118 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Abreu.
Conclusion
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/K.N.F./Examiner, Art Unit 2817
/MARLON T FLETCHER/Supervisory Primary Examiner, Art Unit 2817