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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/08/2025 has been entered.
Response to Arguments
Applicant's amendments to the Claims 1, 17, 19, and 21 have overcome 112(b) rejection previously set forth in the Final Office Action mailed 09/09/2025.
Applicant’s arguments filed 11/07/2025 have been fully considered and are persuasive. However, upon further consideration, a new ground(s) of rejection is made of previously cited reference Newton (US Patent 6,016,199) in view of Wang et al. (CN 109164527 B). The details of which can be found below.
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 1-5, 11-15,17, 19, and 21-22 are rejected under 35 U.S.C. 103 as being unpatentable over Newton (US Patent 6,016,199) in view of Wang et al. (CN 109164527 B)(hereinafter, “Wang”).
Regarding claim 1, Newton teaches a Fabry-Perot cavity array (the interferometers are constructed as Fabry-Perot interferometer, Col.4, lines 29-30), comprising:
a first element having a first step (the stepped surface of disk 1, figure 1) and a second element having a second step (the stepped surface of disk 2, figure 1),
wherein the first step and the second step are a two-dimensional step structure (col. 3, lines 9-10 teaches two disks with stepped surfaces, arranged in a 2D matrix );
a first step side of the first element is arranged opposite to a second step side of the second element(teaches the steps are facing each other, Col. 4, lines 29-32 ), and a step height change direction of the first step is different from a step height change direction of the second step (teaches the steps are laid out at right angles and differ in height , Col. 2, lines 21-23 and Col. 3, lines 60-62); and
a step surface of the first step and a step surface of the second step are plated with a reflective film (teaches that the stepped surfaces are mirror-coated to form partially reflective surfaces, Col. 3, lines 62-65).
the Fabry-Perot cavity array further comprises at least one element superimposed (array of steps on one or both of the disks, Col. 2, lines 14-20) on the first element or the second element (first or second disk, 10,000 interferometers in a matrix, Col. 4, lines 10-21);
wherein each element of the at least one element has a two-dimensional step structure (disk 1 and disk 2 each have stepped regions in two dimensions (rows and columns), Col. 4, lines 20-22), and a step surface of the two-dimensional step structure of the at least one element is plated with a reflective film (teaches that the stepped surfaces are mirror-coated to form partially reflective surfaces, Col. 3, lines 62-65).
Newton fails to disclose two adjacent elements form a Fabry-Perot cavity, and all elements are sequentially arranged in series to form N-1 Fabry-Perot cavities, wherein N is a positive integer greater than or equal to 3; the N-1 Fabry-Perot cavities are arranged in series to form the Fabry-Perot cavity array.
Wang teaches two adjacent elements form a Fabry-Perot cavity (discloses the alternating high/low refractive index layers (H/L) in each membrane system create constructive/destructive interference, “the film system 2, the film system 3, the film system 4, the film system 5, and the film system 6 are all composed of a silicon dioxide film layer (L) and a titanium oxide film layer (H) alternately stacked”, page 2, lines 1-2), and all elements are sequentially arranged in series to form N-1 Fabry-Perot cavities (discloses membrane systems stacked sequentially, page 3, lines 21-26), wherein N is a positive integer greater than or equal to 3(discloses 6 stacked membrane systems, page 3, lines 21-26); the N-1 Fabry-Perot cavities are arranged in series to form the Fabry-Perot cavity array (discloses multiple stacked membrane systems form five spectral channels, each based on FP resonance, page 4, lines 21-27).
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date to integrate the serial stacking method of Wang to Newton’s stepped Fabry-Perot cavity structure to improve multi-channel spectral filtering, spectral selectivity and enhance suppression of out-of-band wavelengths and improve signal-to-noise ratio (page 1, lines 19-23).
Regarding claim 2, Newton teaches wherein the step height change direction of the first step is perpendicular to the step height change direction of the second step (Col. 3, lines 60-62 teaches the direction of step changes are orthogonal).
Regarding claim 3, Newton teaches wherein the first step is recessed from a surface of the first element, and the second step is recessed from a surface of the second element (Col. 3, lines 50-55 teaches the stepped structures are formed inward relative to the surface edge, they are recessed into the structure. The disks 1 and 2 have recessed step structures on the side that face each other, figure 1);
or, the first step protrudes from a surface of the first element, and the second step is recessed from a surface of the second element;
or, the first step is recessed from a surface of the first element, and the second step protrudes from a surface of the second element.
Regarding claim 4, Newton teaches wherein the first step or the second step comprises at least two steps (teaches each disk contain multiple steps, and differ in total range, Col. 3, lines 56-60) having different heights (teaches step heights increasing by 0.1 μm and has 100 steps, the step heights range from 0.1 μm to 10 μm. This suggests that each step has a different height, Col. 5, lines 7-14).
Regarding claim 5, Newton teaches wherein the first step or the second step comprises at least two steps (teaches each disk contain multiple steps, and differ in total range, Col. 3, lines 56-60) having different heights (teaches step heights increasing by 0.1 μm and has 100 steps, the step heights range from 0.1 μm to 10 μm. This suggests that each step has a different height, Col. 5, lines 7-14).
Regarding claim 11, Newton teaches a spectrum detector, comprising the Fabry-Perot cavity array (the interferometers are constructed as Fabry-Perot interferometer, Col.4, lines 29-30) and an array detector(matrix of photodetectors 9, a matrix of CCD detectors or CID detectors, Col. 4, lines 5-7),
wherein the array detector is arranged at a light-out side of the Fabry-Perot cavity array(teaches after the light exits the Fabry-Perot cavity array (interferometers), it travels downstream and strikes a matrix of photodetectors, Col. 4, lines 4-7).
Regarding claim 12, Newton teaches further comprising a collimator arranged at a light-in side of the Fabry-Perot cavity array (teaches collimated light is used to illuminate the Fabry-Perot interferometer matrix from the light-in side, Col.4 lines, 2-4).
Regarding claim 13, Newton teaches wherein the array detector is one of the following: a charge-coupled device sensor array (matrix of photodetectors 9, a matrix of CCD detectors, Col. 4, lines 5-7), a complementary metal oxide semiconductor sensor array, a thermal sensor array, a photodiode array, an avalanche photodetector array and a photomultiplier tube array.
Regarding claim 14, Newton teaches a spectrum detection system(an interferometric device for performing spectroscopic measurements using a stepped Fabry-Perot cavity array, abstract), comprising the spectrum detector and a reconstruction device(teaches reading detector output and applying signal processing (FFT or Hadamard) to generate a spectrum, Col. 4, lines 7-9), wherein the reconstruction device is configured to perform reconstruction processing on an optical signal outputted by the spectrum detector, so as to obtain spectrum information (teaches the photodetector matrix captures the light signal, and Fourier transform-based signal processing is used to reconstruct the optical spectrum, Col. 4, lines 52-56).
Regarding claim 15, Newton teaches further comprising a storage device(an inherent part of any digital signal processing system, which would require a storage device to hold the spectrum information for reconstruction. Col.4, lines 54-55 teaches the captured data from the photodetector matrix is read out, and that data is then reconstructed), wherein the storage device is configured to store the spectrum information(“once the detector matrix has been read out, the spectrum can be reconstructed by means of a fast Fourier transform,” Col.4, lines 54-55 teaches the captured data from the photodetector matrix is read out and processed using Fourier transforms. This implies that the data needs to be stored for reconstruction).
Regarding claim 17, Newton teaches a method of manufacturing a Fabry-Perot cavity array, comprising:
manufacturing a first element having a first step (the stepped surface of disk 1, figure 1) and a second element having a second step(the stepped surface of disk 2, figure 1), wherein the first step and the second step are a two-dimensional step structure(col. 3, lines 9-10 teaches two disks with stepped surfaces, arranged in a 2D matrix);
plating a step surface of the first step and a step surface of the second step(teaches that the stepped surfaces are mirror-coated to form partially reflective surfaces, Col. 3, lines 62-65); and
arranging a first step side of the first element opposite to a second step side of the second element (teaches the steps are facing each other, Col. 4, lines 29-32), wherein a step height change direction of the first step is different from a step height change direction of the second step (teaches the steps are laid out at right angles and differ in height , Col. 2, lines 21-23 and Col. 3, lines 60-62);
the method further comprises:
wherein each element of the at least one element has a two-dimensional step structure (disk 1 and disk 2 each have stepped regions in two dimensions (rows and columns), Col. 4, lines 20-22), and a step surface of the two-dimensional step structure of the at least one element is plated with a reflective film (teaches that the stepped surfaces are mirror-coated to form partially reflective surfaces, Col. 3, lines 62-65).
Newton fails to disclose wherein two adjacent elements form a Fabry-Perot cavity, and all elements are sequentially arranged in series to form N-1 Fabry-Perot cavities, wherein N is a positive integer greater than or equal to 3 ; the N-1 Fabry-Perot cavities are arranged in series to form the Fabry-Perot cavity array.
Wang teaches superimposing at least one element (discloses membrane systems 2-6 deposited sequentially, page 1, lines 56-57) on the first element or the second element (in the order of numbering, page 3, lines 21-24); wherein two adjacent elements form a Fabry-Perot cavity (discloses the alternating high/low refractive index layers (H/L) in each membrane system create constructive/destructive interference, “the film system 2, the film system 3, the film system 4, the film system 5, and the film system 6 are all composed of a silicon dioxide film layer (L) and a titanium oxide film layer (H) alternately stacked”, page 2, lines 1-2), and all elements are sequentially arranged in series to form N-1 Fabry-Perot cavities (discloses membrane systems stacked sequentially, page 3, lines 21-26), wherein N is a positive integer greater than or equal to 3(discloses 6 stacked membrane systems, page 3, lines 21-26); the N-1 Fabry-Perot cavities are arranged in series to form the Fabry-Perot cavity array (discloses multiple stacked membrane systems form five spectral channels, each based on FP resonance, page 4, lines 21-27).
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date to integrate the serial stacking method of Wang to Newton’s stepped Fabry-Perot cavity structure to improve multi-channel spectral filtering, spectral selectivity and enhance suppression of out-of-band wavelengths and improve signal-to-noise ratio (page 1, lines 19-23).
Regarding claim 19, Newton teaches a method of manufacturing a spectrum detector, comprising:
manufacturing a first element having a first step (the stepped surface of disk 1, figure 1) and a second element having a second step (the stepped surface of disk 2, figure 1), wherein the first step and the second step are a two-dimensional step structure(col. 3, lines 9-10 teaches two disks with stepped surfaces, arranged in a 2D matrix);
plating a step surface of the first step and a step surface of the second step (teaches that the stepped surfaces are mirror-coated to form partially reflective surfaces, Col. 3, lines 62-65);
arranging a first step side of the first element opposite to a second step side of the second element(teaches the steps are facing each other, Col. 4, lines 29-32 ), wherein a step height change direction of the first step is different from a step height change direction of the second step (teaches the steps are laid out at right angles and differ in height , Col. 2, lines 21-23 and Col. 3, lines 60-62); and
arranging an array detector (matrix of photodetectors) at a light-out side of the Fabry-Perot cavity array formed by the first element and the second element (teaches after the light exits the Fabry-Perot cavity array (interferometers), it travels downstream and strikes a matrix of photodetectors, Col. 4, lines 4-7); and
wherein each element of the at least one element has a two-dimensional step structure (disk 1 and disk 2 each have stepped regions in two dimensions (rows and columns), Col. 4, lines 20-22), and a step surface of the two-dimensional step structure of the at least one element is plated with a reflective film (teaches that the stepped surfaces are mirror-coated to form partially reflective surfaces, Col. 3, lines 62-65); and
arranging an array detector (matrix of photodetectors) at a light-out side of the Fabry-Perot cavity array (teaches after the light exits the Fabry-Perot cavity array (interferometers), it travels downstream and strikes a matrix of photodetectors, Col. 4, lines 4-7).
Newton fails to disclose superimposing at least one element on the first element or the second element; wherein two adjacent elements form a Fabry-Perot cavity, and all elements are sequentially arranged in series to form N-1 Fabry-Perot cavities, wherein N is a positive integer greater than or equal to 3; the N-1 Fabry-Perot cavities are arranged in series to form the Fabry-Perot cavity array.
Wang teaches superimposing at least one element (discloses membrane systems 2-6 deposited sequentially, page 1, lines 56-57) on the first element or the second element (in the order of numbering, page 3, lines 21-24); wherein two adjacent elements form a Fabry-Perot cavity (discloses the alternating high/low refractive index layers (H/L) in each membrane system create constructive/destructive interference, “the film system 2, the film system 3, the film system 4, the film system 5, and the film system 6 are all composed of a silicon dioxide film layer (L) and a titanium oxide film layer (H) alternately stacked”, page 2, lines 1-2), and all elements are sequentially arranged in series to form N-1 Fabry-Perot cavities (discloses membrane systems stacked sequentially, page 3, lines 21-26), wherein N is a positive integer greater than or equal to 3(discloses 6 stacked membrane systems, page 3, lines 21-26); the N-1 Fabry-Perot cavities are arranged in series to form the Fabry-Perot cavity array (discloses multiple stacked membrane systems form five spectral channels, each based on FP resonance, page 4, lines 21-27).
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date to integrate the serial stacking method of Wang to Newton’s stepped Fabry-Perot cavity structure to improve multi-channel spectral filtering, spectral selectivity and enhance suppression of out-of-band wavelengths and improve signal-to-noise ratio (page 1, lines 19-23).
Regarding claim 21, Newton fails to disclose wherein the at least one element comprises a third element, and a fourth element; the second element is superimposed on the first element such that the first element and the second element form a first Fabry-Perot cavity, the third element is superimposed on the second element such that the second element and the third element form a second Fabry-Perot cavity, and the fourth element is superimposed on the third element such that the third element and the fourth element form a third Fabry-Perot cavity; the first Fabry-Perot cavity, the second Fabry-Perot cavity and the third Fabry-Perot cavity are sequentially arranged in series.
Wang teaches wherein the at least one element comprises a third element, and a fourth element (discloses six membrane systems, page 1, lines 56-59);
the second element is superimposed on the first element such that the first element and the second element form a first Fabry-Perot cavity (discloses the alternating high/low refractive index layers (H/L) in each membrane system create constructive/destructive interference, “the film system 2, the film system 3, the film system 4, the film system 5, and the film system 6 are all composed of a silicon dioxide film layer (L) and a titanium oxide film layer (H) alternately stacked”, page 3, lines 21-26), the third element is superimposed on the second element such that the second element and the third element form a second Fabry-Perot cavity (discloses membrane system 3 is deposited after membrane system 2, page 3, lines 21-26), and the fourth element is superimposed on the third element such that the third element and the fourth element form a third Fabry-Perot cavity(discloses membrane system 4 is deposited after membrane system 3, page 3, lines 21-26);
the first Fabry-Perot cavity, the second Fabry-Perot cavity and the third Fabry-Perot cavity are sequentially arranged in series (discloses the membrane systems are deposited in the order of numbering, page 3, lines 21-24 ).
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date to integrate the serial stacking method of Wang to Newton’s stepped Fabry-Perot cavity structure to improve multi-channel spectral filtering, spectral selectivity and enhance suppression of out-of-band wavelengths and improve signal-to-noise ratio (page 1, lines 19-23).
Regarding claim 22, Newton fails to disclose wherein the first Fabry-Perot cavity, the second Fabry-Perot cavity and the third Fabry-Perot cavity have different transmission functions.
Wang teaches wherein the first Fabry-Perot cavity, the second Fabry-Perot cavity and the third Fabry-Perot cavity have different transmission functions (discloses membrane system 1: 1025nm, system 2: 600 nm, system 3: 680 nm, each FP cavity has unique center wavelength and passband, there are five spectral channels, each FP cavity selects a unique channel, page 1, lines 1-3 and page 3, lines 30-37).
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date to integrate the serial stacking method of Wang to Newton’s stepped Fabry-Perot cavity structure to improve multi-channel spectral filtering, spectral selectivity and enhance suppression of out-of-band wavelengths and improve signal-to-noise ratio (page 1, lines 19-23).
Claims 6-9 are rejected under 35 U.S.C. 103 as being unpatentable over Newton (US Patent 6,016,199) in view of Wang et al. (CN 109164527 B)(hereinafter, “Wang”), further in view of Tejada et al. (US Pub 2012/0200852 A1)(hereinafter, “Tejada ”).
Regarding claim 6, Newton in view of Wang fail to disclose wherein the first step or the second step is a redundant structure, wherein the redundant structure is used to characterize that among a plurality of steps of the first step or the second step, at least two steps have the same height.
Tejada teaches wherein the first step or the second step is a redundant structure, wherein the redundant structure is used to characterize that among a plurality of steps of the first step or the second step, at least two steps have the same height ([0032] and [0036] teaches multiple steps reusing the same depths (a,b,c). The repetition is shown as either a fixed number of step heights applied across multiple cells, and even grouped into super-pixels, [0064]).
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date to incorporate redundant step structures with at least two steps have the same height of Tejada to Newton in view of Wang to simplify the fabrication process by minimizing the need for highly precise step increments, thereby enabling a more flexible design that can meet various application specific requirements([0032, Tejada]).
Regarding claim 7, Newton in view of Wang fails to teach wherein the first step or the second step is a redundant structure, wherein the redundant structure is used to characterize that among a plurality of steps of the first step or the second step, at least two steps have the same height.
Tejada teaches wherein the first step or the second step is a redundant structure, wherein the redundant structure is used to characterize that among a plurality of steps of the first step or the second step, at least two steps have the same height ([0032] and [0036] teaches multiple steps reusing the same depths (a,b,c). The repetition is shown as either a fixed number of step heights applied across multiple cells, and even grouped into super-pixels, [0064]).
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date to incorporate redundant step structures with at least two steps have the same height of Tejada to Newton in view of Wang to simplifies the fabrication process by minimizing the need for highly precise step increments, thereby enabling a more flexible design that can meet various application specific requirements([0032, Tejada ]).
Regarding claim 8, Newton in view of Wang fail to disclose wherein the reflective film is a single-layer film.
Tejada teaches wherein the reflective film is a single-layer film ([0037] teaches uses a single-layer reflective film like silver).
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date to incorporate a single-layer reflective film, such as silver of Tejada to Newton in view of Wang to simplifies the fabrication process ([0032, Tejada ]) while improving reflectivity across a wide range of wavelengths.
Regarding claim 9, Newton in view of Wang fails to teach wherein a material of the first element or the second element is one of the following: glass, quartz aluminum oxide
A
l
2
O
3
, polymethyl methacrylate PMMA or photoresist.
Tejada teaches wherein a material of the first element or the second element is one of the following: glass, quartz([0030] teaches the first element materials can be glass or quartz), aluminum oxide
A
l
2
O
3
, polymethyl methacrylate PMMA or photoresist.
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date to incorporate glass as the material for the first element of Tejada to Newton in view of Wang to provide optical transparency and cost-effectiveness [0015, Tejada], while enabling precise control of light within optical systems.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Newton (US Patent 6,016,199) in view of Wang et al. (CN 109164527 B)(hereinafter, “Wang”), further in view of Chan (US Pub 2008/0049228 A1).
Regarding claim 16, Newton in view of Wang fail to disclose a terminal device, which is integrated thereon with the spectrum detector.
Chan teaches a terminal device(gas cloud sensing system,[0163]), which is integrated thereon with the spectrum detector (Micro Fabry-Perot Interferometer array, IR detector array and control electronics are integrated into a single integrated circuit, [0064]).
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date to integrate a terminal device, such as a gas cloud sensing system of Chan to Newton in view of Wang to improve compactness, efficiency, and cost-effectiveness([0064-0065, Chan]). This integration enables simultaneous spectral, spatial, and temporal data capture, enhancing accuracy while reducing power consumption and providing flexibility for various applications ([0047, Chan]).
Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Newton (US Patent 6,016,199) in view of Wang et al. (CN 109164527 B)(hereinafter, “Wang”), further in view of Geelen (US Pub 2019/0067344 A1).
Regarding claim 23, Newton in view of Wang fail to disclose the transmission function of each of the Fabry-Perot cavities is calculated by the following formula:
t
d
,
v
=
1
1
+
4
R
1
-
R
2
s
i
n
2
(
2
π
n
*
v
*
d
)
wherein d is a thickness of a corresponding Fabry-Perot cavity, v is a wavenumber, R is reflectivity of the corresponding Fabry-Perot cavity, and n is a refractive index of a cavity medium.
Geelen teaches teach the transmission function of each of the Fabry-Perot cavities is calculated by the following formula (Airy function for Fabry-Perot interference):
t
d
,
v
=
1
1
+
4
R
1
-
R
2
s
i
n
2
(
2
π
n
*
v
*
d
)
wherein d is a thickness of a corresponding Fabry-Perot cavity (teaches that transmission depends on layer thickness , t[d, v], [0070]), v is a wavenumber(implied by design of different filter wavelengths, [0076-0077]), R is reflectivity of the corresponding Fabry-Perot cavity (teaches reflective layers, alternating high/low index layers create Bragg reflectors, which define R, [0067]), and n is a refractive index of a cavity medium (teaches the material between the reflective layers, the transparent spacer layer is implicitly the cavity medium, which corresponds to the refractive index n, [0067]).
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date to incorporate the Airy function of Geelen to Newton in view of Wang to improve spectral precision and filter design flexibility ([0074, Geelen]).
Conclusion
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/CHRISTINA I XING/ Examiner, Art Unit 2877
/Kara E. Geisel/ Supervisory Patent Examiner, Art Unit 2877