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
Election/Restriction - Response to Amendment
1. Applicant’s election without traverse of Group I, claims 1-15. Applicant's amendment dated 11/25/2025 in which claims 16-20 were canceled has been entered of record. Because applicant's amendment has canceled claims drawn to a distinct invention, the restriction requirement (dated 09/25/2025) is now moot. New claims 21-25 were added.
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 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.
2. Claims 21-22 are rejected under 35 U.S.C. 102(a1) as being anticipated by Jiang et al. (US 2011/0260059; hereinafter Jiang).
Regarding claim 21, Jiang, in fig. 6a, discloses a semiconductor device, comprising: a visible light photodiode (630/640 on the right side of the dotted line, see [0067]) in a semiconductor layer 606; and a near infrared photodiode (630/640 on the left side of the dotted line, see [0066]) in the semiconductor layer 606, wherein the near infrared photodiode is adjacent to the visible light photodiode, and wherein the near infrared photodiode comprises at one of a material comprising a type III periodic element, or a material comprising a type V periodic element ([0072]).
Regarding claim 22, Jiang discloses further comprising a trench isolation structure 645 between the visible light photodiode and the near infrared photodiode, wherein the trench isolation structure 645 comprises a dielectric layer formed in a trench extending in the semiconductor layer 606 (fig. 6a).
Allowable Subject Matter
3. Claims 23-25 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
4. Claims 1-15 are allowed.
The following is an examiner's statement of reason for allowance: the prior art of record, either singularly or in combination, does not disclose or suggest at least the claim limitations of " a near infrared light emitting diode within the layer of the silicon material and comprising: a second epitaxial material; and a deep trench isolation structure between the near infrared photodiode and the near infrared light emitting diode” (claim 1); or “a plurality of near infrared light emitting diodes comprising the selectively grown epitaxial material and dispersed near, and along, a perimeter of the semiconductor device; and a seal ring structure between the plurality of near infrared light emitting diodes and the array of near infrared photodiodes” (claim 8) as instantly claimed and in combination with the remaining elements.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled "Comments on Statement of Reasons for Allowance".
Conclusion
5. Any inquiry concerning this communication or earlier communications from the examiner should be directed to David Vu whose telephone number is (571) 272-1798. The examiner can normally be reached on Monday-Friday from 8:00am to 5:00pm. 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 attempt to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Steven Loke H can be reached on (571) 272-1657. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/DAVID VU/
Primary Examiner, Art Unit 2818
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