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 .
Election/Restrictions
Applicant’s election without traverse of Claims 9-20 in the reply filed on 02/03/2026 is acknowledged. Accordingly claims 1-9 have been withdrawn from consideration.
Claim Objections
Claim 15 is objected to because of the following informalities: Claim 15 recites “a device wherein the optical layer is selected form PMMA, SiO2 and the carrier is selected form SiO2, Si3N4” Appropriate correction is required. For examination purposes “a device wherein the optical layer is selected form PMMA, SiO2 and the carrier is selected form SiO2, Si3N4” will be read as “a device wherein the optical layer is selected from PMMA, SiO2 and the carrier is selected from SiO2, Si3N4”
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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 9-11 are rejected under 35 U.S.C. § 103 as being unpatentable over Fiore et al. (US 2022/0128408) in view of Song et al. (US 2015/0176804).
Regarding claim 9, Fiore discloses a multispectral transmission filter array, comprising: a carrier ([0084] discloses: 106, silicon wafer); a first reflection layer ([0084] discloses: 104, bottom mirror), disposing on the carrier (Figure 1b depicts: 104, bottom mirror disposed on 106, silicon wafer via 105, bonding layer); an optical layer ([0084] discloses: 102, phase tuning element; in at least abstract discloses: phase tuning element of each pixel element is configured for a different wavelength response of the pixel element), disposing on the first reflection layer (Figure 1 B depicts: 102, phase tuning element, disposed on 104, bottom mirror, via 103, photo active element), and a second reflection layer (104, top mirror), disposing on the plurality of color pixels (Figure 1b depicts: 104, top mirror, disposed on 102, phase tuning element, that are considered the color pixels).
Fiore fails to disclose a device wherein the optical layer includes a plurality of color pixels with difference thickness and interpixel boundary formed between thereof. Fiore and Song are related because both disclose optical systems.
Song teaches a device wherein the optical layer includes a plurality of color pixels with difference thickness (Figure 7 depicts: plurality of color pixels: R,G and B, with different thicknesses, L1, L2 and L2; [0073] teaches: thicknesses that satisfy path lengths respectively) and interpixel boundary formed between thereof ([0081] teaches: 50, barrier rib, between 11, first pattern 12, second pattern and 13 third patterns, see Figure 7).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Fiore to incorporate the teachings of Song and provide a device wherein the optical layer includes a plurality of color pixels with difference thickness and interpixel boundary formed between thereof. Doing so would allow for improved optical isolation between adjacent color pixels, reducing spectral cross talk, thereby improving the overall efficiency and quality of the optical system.
Regarding claim 10, the modified Fiore discloses the multispectral transmission filter array according to claim 9.
Fiore fails to disclose a device wherein a thickness of the interpixel boundary is higher than the thickness of the plurality of color pixels. Fiore and Song are related because both disclose optical systems.
Song teaches a device wherein a thickness of the interpixel boundary is higher than the thickness of the plurality of color pixels (Figure 10 depicts: height of 50, barrier rib, higher than the height of R, G and B the plurality of color pixels).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Fiore to incorporate the teachings of Song and provide a device wherein a thickness of the interpixel boundary is higher than the thickness of the plurality of color pixels. Doing so would allow for improved optical isolation between adjacent color pixels, reducing spectral cross talk, thereby improving the overall efficiency and quality of the optical system.
Regarding claim 11, the modified Fiore discloses the multispectral transmission filter array according to claim 9.
Fiore fails to disclose a device wherein the optical layer further comprises a frame around the plurality of color pixels, and a thickness of the frame is higher than that of the plurality of color pixels. Fiore and Song are related because both disclose optical systems.
Song teaches a device wherein the optical layer further comprises a frame around the plurality of color pixels (Figure 14 depicts: 50, barrier rib, as frame around R, G and B, color pixels), and a thickness of the frame is higher than that of the plurality of color pixels (Figure 10 depicts: height of 50, barrier rib, higher than the height of R, G and B the plurality of color pixels).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Fiore to incorporate the teachings of Song and provide disclose a device wherein the optical layer further comprises a frame around the plurality of color pixels, and a thickness of the frame is higher than that of the plurality of color pixels. Doing so would allow for improved optical isolation between adjacent color pixels, reducing spectral cross talk, thereby improving the overall efficiency and quality of the optical system.
Claim 12 is rejected under 35 U.S.C. § 103 as being unpatentable over Fiore et al. (US 2022/0128408) in view of Song et al. (US 2015/0176804), as applied to claim 9 above, in view of Kim et al. (US 2022/0342130).
Regarding claim 12, the modified Fiore discloses the multispectral transmission filter array according to claim 9.
Fiore fails to disclose a device wherein a thickness of the first reflection layer and second reflection are between 18-24 nm. Fiore and Kim are related because both disclose optical devices.
Kim teaches a device wherein a thickness of the first reflection layer and second reflection are between 18-24 nm (Claim 5 teaches: first and second reflection layers have a thickness of 10 nm to 80 nm, which includes the claimed range).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Fiore to incorporate the teachings of Kim and provide a device wherein a thickness of the first reflection layer and second reflection are between 18-24 nm. Doing so would allow for optimization of mirror reflectivity and cavity resonance characteristics, thereby improving spectral selectivity and transmission efficiency of the optical device.
Claim 13 is rejected under 35 U.S.C. § 103 as being unpatentable over Fiore et al. (US 2022/0128408) in view of Song et al. (US 2015/0176804), as applied to claim 9 above, in view of Jun (US 2010/0065897).
Regarding claim 13, the modified Fiore discloses the multispectral transmission filter array according to claim 9.
Fiore fails to disclose a device wherein a thickness of the plurality of color pixels are inversely to wavelength. Fiore and Jun are related because both disclose optical systems.
Jun teaches a device wherein a thickness of the plurality of color pixels are inversely to wavelength ([0034] teaches: height of color filters inversely proportional to the wavelength).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Fiore to incorporate the teachings of Jun and provide a device wherein a thickness of the plurality of color pixels are inversely to wavelength. Doing so would allow for predictable tuning of spectral response and color separation across different wavelength bands, thereby improving the overall efficiency and performance of the optical system.
Claim 14 is rejected under 35 U.S.C. § 103 as being unpatentable over Fiore et al. (US 2022/0128408) in view of Song et al. (US 2015/0176804), as applied to claim 9 above, in view of Wang (US 2010/0181556).
Regarding claim 14, the modified Fiore discloses the multispectral transmission filter array according to claim 9, and a color filter range of the multispectral transmission filter array is between 450 to 850 nm (Song: [0053] teaches: red light, wavelengths 600-670 nm, green light, wavelengths 500-570 nm; [0058] teaches: blue light, wavelengths 420-480 nm; therefore the filter covers ranges between 420-670; Which overlaps with the claimed range; Examiner notes that the same motivation to combine applied to an earlier claim, 9, also applies here, and no further analysis is required, consistent with MPEP § 2143, which permits reliance on previously articulated rationale where the combination and reasonings remain unchanged).
Fiore fails to disclose a device wherein the thicknesses of the plurality of color pixels are within a range of from 92 to 228 nm. Fiore and Wang are related because both disclose optical systems.
Wang teaches a device wherein the thicknesses of the plurality of color pixels are within a range of from 92 to 228 nm ([0101] teaches: ETL thickness, considered the color pixel, of 160 nm, which falls within the claimed range).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Fiore to incorporate the teachings of Wang and provide teaches a device wherein the thicknesses of the plurality of color pixels are within a range of from 92 to 228 nm. Doing so would allow for a reasonably high efficiency for colors to be obtained (Wang: 0101), thereby improving the overall efficiency and performance of the optical system.
Claim 15 is rejected under 35 U.S.C. § 103 as being unpatentable over Fiore et al. (US 2022/0128408) in view of Song et al. (US 2015/0176804), as applied to claim 9 above, in view of You et al. (US 2017/0098752) in view of Kress et al. (US 2021/0405255).
Regarding claim 15, as best understood, the modified Fiore discloses the multispectral transmission filter array according to claim 9.
Fiore fails to disclose a device wherein the optical layer is selected from PMMA, SiO2 and the carrier is selected from SiO2, Si3N4. Fiore and You are related because both disclose optical systems.
You teaches a device wherein the optical layer is selected from PMMA, SiO2 ([0017] teaches: cavity structure is silicone dioxide).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Fiore to incorporate the teachings of You and provide a device wherein the optical layer is selected from PMMA, SiO2. Doing so would allow for desired optical and structural characteristics, therefore improving the overall functionality and quality of the optical system.
Kress teaches a device wherein the carrier is selected from SiO2, Si3N4 ([0072] teaches: silicon dioxide substrate).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Fiore to incorporate the teachings of Kress and provide a device wherein the carrier is selected from SiO2, Si3N4. Doing so would allow for desired optical and structural characteristics, therefore improving the overall functionality and quality of the optical system.
Claims 16-18 are rejected under 35 U.S.C. § 103 as being unpatentable over Fiore et al. (US 2022/0128408) in view of Tisserand et al. (US 2024/0102861) in view of Song et al. (US 2015/0176804).
Regarding claim 16, Fiore discloses a multispectral transmission filter structure, comprising: a carrier ([0084] discloses: 106, silicon wafer); a first transmission filter (Figure 1b depicts: a single pixel sensor array on a wafer) including: a first bottom reflection layer ([0084] discloses: 104, bottom mirror); and a first top reflection layer ([0084] discloses: 101, top mirror) disposing on the first optical structure (Figure 1b depicts: 101, top mirror, disposed on 102, phase tuning element, considered the first optical structure); and a second transmission filter (Figure 1a depicts: multi-pixel sensor array) adjacent to the first filter sensor (Figure 1a depicts: multi-pixel sensor array, with multiple filter sensors including adjacent to a first filter denoted as lambda 1), including: a second bottom reflection layer ([0084] discloses: 104, bottom mirror; Examiner notes that each pixel sensor array is considered to be designed as in Figure 1b); and a second top reflection layer ([0084] discloses: 101, top mirror) disposing on the second optical structure (Examiner notes that the second top reflection layer of lambda 2 would be disposed on top of its respective phase tuning element).
Fiore fails to disclose a device having a first sensing region and a second sensing region: with a first bottom reflection layer disposing on the first sensing region; a first optical structure includes a first recess with a first depth; a second bottom reflection layer disposing on the second sensing region; a second optical structure includes a second recess with a second depth; wherein the first depth and the second depth are different. Fiore and Tisserand are related because both disclose optical systems.
Tisserand teaches a device having a first sensing region and a second sensing region: with a first bottom reflection layer disposing on the first sensing region; and a second bottom reflection layer disposing on the second sensing region ([0041] teaches 100, image sensor; Figure 1A depicts: 120, microlens array, disposed on sensing regions; Examiner notes that the sensor formed by array of micropixels of Figure 1B, would have a respective image sensor “area” corresponding to each microlens array corresponding to each spectral band, see [0017]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Fiore to incorporate the teachings of Tisserand and provide a device having a first sensing region and a second sensing region: with a first bottom reflection layer disposing on the first sensing region; and a second bottom reflection layer disposing on the second sensing region. Doing so would allow for better spectral selectivity and sensor performance, thereby improving overall efficiency and quality of the optical system. Fiore and Song are related because both disclose optical systems.
Song teaches a device with a first optical structure includes a first recess with a first depth (Figure 9 depicts: 40, optical path adjuster, recess from G); a second optical structure includes a second recess with a second depth (Figure 9 depict: 40, optical path adjuster, recess from B); wherein the first depth and the second depth are different (Figure 9 depicts: 40, optical path adjuster, as different depths for R, G and B).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Fiore to incorporate the teachings of Song and provide a device with a first optical structure includes a first recess with a first depth; a second optical structure includes a second recess with a second depth; wherein the first depth and the second depth are different. Doing so would allow for improved optical isolation between adjacent color pixels, reducing spectral cross talk, thereby improving the overall efficiency and quality of the optical system.
Regarding claim 17, the modified Fiore discloses the multispectral transmission filter structure according to claim 16.
Fiore fails to disclose a device wherein the first optical structure and the second optical structure are connected each other and formed as a wall surrounding the first transmission filter and the second transmission filter. Fiore and Song are related because both disclose optical systems.
Song teaches a device wherein the first optical structure and the second optical structure are connected each other and formed as a wall surrounding the first transmission filter and the second transmission filter (Figure 13 depicts: each pattern 11-13, with its own optical structure, defining the particular color transmission filter R, G or B, and the optical structure forming the walls of each of the patterns 11-13, and necessarily defining the walls of each respective transmission filter).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Fiore to incorporate the teachings of Song and provide a device wherein the first optical structure and the second optical structure are connected each other and formed as a wall surrounding the first transmission filter and the second transmission filter. Doing so would allow for improved optical isolation between adjacent color pixels, reducing spectral cross talk, thereby improving the overall efficiency and quality of the optical system.
Regarding claim 18, the modified Fiore discloses the multispectral transmission filter structure according to claim 16, wherein the first optical structure receives a first wavelength (Song: in at least abstract teaches: red, green wavelength bands; [0014] discloses: blue wavelength band; Examiner notes that the red wavelength range is considered the first wavelength) the second optical structure receives a second wavelength (Song: Examiner notes that the red wavelength range is considered the second wavelength), the first wavelength is higher than the second wavelength (Song: Examiner notes that red light has a longer wavelength than blue and green light, therefore considered to be higher), the second depth is deeper than the first depth (Song: Figure 1 depicts: depth of B, deeper than depth of G) and a color filter range of the multispectral transmission filter structure is between 450 to 850nm (Song: [0053] teaches: red light, wavelengths 600-670 nm, green light, wavelengths 500-570 nm; [0058] teaches: blue light, wavelengths 420-480 nm; therefore the filter filters light between the ranges 450-850).
Claim 19 is rejected under 35 U.S.C. § 103 as being unpatentable over Fiore et al. (US 2022/0128408) in view of Tisserand et al. (US 2024/0102861) in view of Song et al. (US 2015/0176804), as applied to claim 18 above, in view of Kim et al. (US 2022/0342130).
Regarding claim 19, the modified Fiore discloses the multispectral transmission filter structure according to claim 18.
Fiore fails to disclose a device wherein a thickness of the first top and second top reflection layers, and the second bottom and second bottom reflection layers are between 18-24 nm. Fiore and Kim are related because both disclose optical devices.
Kim teaches a device wherein a thickness of the first reflection layer and second reflection are between 18-24 nm (Claim 5 teaches: first and second reflection layers have a thickness of 10 nm to 80 nm, which includes the claimed range).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Fiore to incorporate the teachings of Kim and provide a device wherein a thickness of the first reflection layer and second reflection are between 18-24 nm. Doing so would allow for optimization of mirror reflectivity and cavity resonance characteristics, thereby improving spectral selectivity and transmission efficiency of the optical device.
Claim 20 is rejected under 35 U.S.C. § 103 as being unpatentable over Fiore et al. (US 2022/0128408) in view of Tisserand et al. (US 2024/0102861) in view of Song et al. (US 2015/0176804), as applied to claim 16 above, in view of You et al. (US 2017/0098752) in view of Kress et al. (US 2021/0405255).
Regarding claim 20, the modified Fiore discloses the multispectral transmission filter structure according to claim 16, wherein the first top and second top reflection layers are selected form Ag and DBR and the second bottom and second bottom reflection layers are selected form DBR and Ag ([0087] discloses: mirrors with metal layers such as Ag).
Fiore fails to disclose wherein the first optical structure and the second optical structure are selected form PMMA, SiO2, the carrier is selected form SiO2, Si3N4. Fiore and You are related because both disclose optical systems.
You teaches a device wherein the optical structure is selected from PMMA, SiO2 ([0017] teaches: cavity structure is silicone dioxide; Examiner notes that mere duplication of the essential working parts of a device involves only routine skill in the art. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960); MPEP §2144.04(VI)(B)).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Fiore to incorporate the teachings of You and provide a device wherein the optical structure is selected from PMMA, SiO2. Doing so would allow for desired optical and structural characteristics, therefore improving the overall functionality and quality of the optical system.
Kress teaches a device wherein the carrier is selected from SiO2, Si3N4 ([0072] teaches: silicon dioxide substrate).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Fiore to incorporate the teachings of Kress and provide a device wherein the carrier is selected from SiO2, Si3N4. Doing so would allow for desired optical and structural characteristics, therefore improving the overall functionality and quality of the optical system.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: He et al. (US 2019/0204581), Kothari et al. (US 2009/0101192), and Bayer et al. (US 3,971,065) all disclose relevant optical systems.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to John Sipes whose telephone number is (703)756-1372. The examiner can normally be reached Monday - Thursday 6:00 - 11:00 and 1:00 - 6:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Bumsuk Won can be reached at (571) 272-2713. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J.C.S./Examiner, Art Unit 2872
/BUMSUK WON/Supervisory Patent Examiner, Art Unit 2872