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 .
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-20 have been considered but are moot because the new ground of rejection and interpretation of prior art.
Applicant's arguments filed June 9, 2026 have been fully considered but they are not persuasive. Applicant argues on pages 7 and 8 that ““adapted to” means the recited claim element is specifically designed, arranged and/or structured to perform stated function, rather than merely happening to perform the function”. The Examiner respectfully disagrees. The Examine takes “adapted to” to be synonymous with “configured to”, “designed to”, “arranged to”, “adjusted to” “modified to”, “tailored to”, “customized to”, etc.. How are these features adapted, configured, designed, arranged, adjusted, modified, tailored or customized? Applicant needs to claim how the features are structurally adapted, configured, designed, arranged, adjusted, modified, tailored or customized in order to “generate resonance, generate a plasmon signal, reflect light, filter light, convert the output signal”, etc. as these are device claims. What physical structure does the first and second antennae have that allows it to “generate resonance, generate a plasmon signal, reflect light, filter light, convert the output signal”? Does the Applicant have ownership of all antennas that are adapted, configured, designed, arranged, adjusted, modified, tailored or customized to “generate resonance, generate a plasmon signal, reflect light, filter light, convert the output signal”? Examiner suggest that the Applicant refer back to the paragraphs {[0075], [0074], [0077], [0081], [0083], [0085]} mentioned in the arguments (and others if need be) and claim the structure of the antennas that gives rise to those specific functions.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claims 1-4, 6, 8 and 17-20 all recite “adapted to” language. The Examine notes that “adapted to” is synonymous with “configured to”, “designed to”, “arranged to”, “adjusted to” “modified to”, “tailored to”, “customized to”, etc.. How are these features adapted, configured, arranged, adjusted, modified, tailored or customized? Applicant needs to claim how the features are structurally adapted, configured, designed, arranged, adjusted, modified, tailored or customized in order to “generate resonance, generate a plasmon signal, reflect light, filter light, convert the output signal”, etc. as these are device claims. What physical structure does the first and second antennae have that allows it to “generate resonance, generate a plasmon signal, reflect light, filter light, convert the output signal”? What is the physical structure of the other claimed features (selection layer, photoelectric sensing structure, etc.)? A chair or table could be adapted, configured, designed, arranged, adjusted, modified, tailored or customized to produce/generate/act as a barrier/blockade. Does the Applicant have ownership of all antennas that are adapted, configured, designed, arranged, adjusted, modified, tailored or customized to “generate resonance, generate a plasmon signal, reflect light, filter light, convert the output signal”? For the purpose of examination, the Examiner takes the position that all claimed features disclosed by the prior art of record can be adapted, configured, arranged, adjusted, modified, tailored or customized to “generate resonance, generate a plasmon signal, reflect light, filter light, convert the output signal”, etc. as well. Claims 2-16 and 18-20 inherit these deficiencies due to their dependency. Appropriate correction is required.
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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yang et al. (Yang) (CN 112802827 A) in view of Song et al. (Song) “Multiresonant Composite Optical Nanoantennas by Out-of-plane Plasmonic Engineering”.
In regards to claim 1, Yang (Figs 2, 3, 4 and associated text) discloses an image sensor (item 203 and Fig. 3), comprising: at least one photosensitive pixel (Fig. 4, Abstract), wherein each photosensitive pixel (Fig. 4, Abstract) includes a plurality of nano antenna layers (Abstract, nanometre antenna unit, one or more) wherein the plurality of nano antenna layers (Abstract, nanometre antenna unit, one or more) comprise a first nano antenna layer (Abstract, nanometre antenna unit, one or more) and a second nano antenna layer (Abstract, nanometre antenna unit, one or more), and incident light passes through the first nano antenna layer (Abstract, nanometre antenna unit, one or more) and is transmitted to the second antenna (Abstract, nanometre antenna unit, one or more), the first antenna layer (Abstract, nanometre antenna unit, one or more) includes a least one first nano antenna (Abstract, nanometre antenna unit, one or more), arranged in an overlapping manner (Figs. 5-9, Examiner notes the Applicant has not established whether this is a vertically or horizontally overlapping manner), each nano antenna layer (Abstract, nanometre antenna unit, one or more), from the plurality of nano antenna layers (Abstract, nanometre antenna unit, one or more), includes at least one nano antenna (Abstract, nanometre antenna, one or more), and an image is obtained using an output signal of the at least first nano antenna (Abstract, nanometre antenna, one or more) and an output signal of the at least one second nano antenna (Abstract, nanometre antenna, one or more), but does not specifically disclose the at least one first nano antenna is adapted to generate resonance for a first wavelength band or a first polarization direction of the incident light, nano antennas, second nano antenna adapted to generate resonance for a second wavelength band or a second polarization direction of the incident light.
Song (Fig. 1A and associated text) discloses a plurality of nano antenna layer the plurality of nano antenna layers are arranged in an overlapping manner, each nano antenna layer
comprises at least one nano antenna (multiresonant composite optical nano antenna
composed of MIM loop nanoantenna building blocks in the vertical stack), the at least
one nano antenna is configured to generate resonance for incident light, nano antennas
in the different nano antenna layers are configured to generate resonance for different
incident light (Abstract). Song also discloses the general use in photonic devices (end of first paragraph of second column, page 4410). See in particular "light-matter interactions in subwavelength domain, which is useful for photodetection." This suggests that combining these
nanoantennas with photoelectric sensing structures would be obvious for the skilled
person for designing image sensors.
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date to incorporate the teachings of Song for the purpose of improving the efficiency of the device.
In regards to claims 2 and 18, Yang (Figs 2, 3, 4 and associated text) as modified by Song (Fig. 1A and associated text) discloses wherein the image sensor (item 203 and Fig. 3) further includes a plurality of pins in contact with the at least one photosensitive pixel (Fig. 4), the plurality of pins are adapted receive an electrical signal output by the at least one photosensitive pixel (Fig. 4), and the image is obtained using the electrical signal.
In regards to claims 3 and 19, Yang (Figs 2, 3, 4 and associated text) as modified by Song (Fig. 1A and associated text) discloses wherein the at least one nano antenna (Abstract, nanometre antenna, one or more, Yang as modified by Song) is adapted to generate a plasmon signal, and an electrical signal is generated using the plasmon signal.
In regards to claims 4 and 20, Yang (Figs 2, 3, 4 and associated text) as modified by Song (Fig. 1A and associated text, See European search report ) discloses wherein each nano antenna layer further includes a photoelectric sensing structure, the photoelectric sensing structure is in contact with at least one surface of the at least one first nano antenna, and the photoelectric sensing structure is adapted to convert the output signal of the at least one first nano antenna into an electrical signal.
In regards to claim 5, Yang (Figs 2, 3, 4 and associated text) as modified by Song (Fig. 1A and associated text, See European search report ) discloses wherein a selection layer is further disposed between adjacent nano antenna layers of the plurality of nano antenna layers, and the selection layer is adapted to filter light transmitted between the adjacent nano antenna layers of the plurality of nano antenna layers.
In regards to claim 6, Yang (Figs 2, 3, 4 and associated text) as modified by Song (Fig. 1A and associated text, See European search report ) discloses wherein the selection layer is disposed in the first nano antenna layer and a second nano antenna layer, the first nano antenna layer and the second nano antenna layer are two adjacent layers of the plurality of nano antenna layers, a transmission direction of the incident light includes passing through the first nano antenna layer and being transmitted to the second nano antenna layer, the selection layer includes at least two materials with different refractive indexes, the selection layer is adapted to reflect light of a first wavelength band and transmit light of a second wavelength band, the first wavelength band includes resonated incident light in the first nano antenna layer, and the second wavelength band includes resonated incident light in the second nano antenna layer.
In regards to claim 7, Yang (Figs 2, 3, 4 and associated text) as modified by Song (Fig. 1A and associated text, See European search report ) discloses wherein each nano antenna layer includes a plurality of nano antenna sublayers, each nano antenna sublayer includes at least one nano antenna, and the plurality of nano antenna sublayers generate resonance for incident light of a same band.
In regards to claim 8, Yang (Figs 2, 3, 4 and associated text) as modified by Song (Fig. 1A and associated text, See European search report ) discloses a photoelectric sensing layer disposed below the plurality of nano antenna layers, wherein the photoelectric sensing layer is adapted to convert an output signal generated by the plurality of nano antenna layers into an electrical signal.
In regards to claim 9, Yang (Figs 2, 3, 4 and associated text) as modified by Song (Fig. 1A and associated text, See European search report ) discloses wherein a first end of the at least one first nano antenna, included in each nano antenna layer, is connected to a first end of a waveguide, a second end of the waveguide is connected to the photoelectric sensing layer, and the output signal generated by the at least one first nano antenna is transmitted to the photoelectric sensing layer through the waveguide.
In regards to claim 10, Yang (Figs 2, 3, 4 and associated text) as modified by Song (Fig. 1A and associated text, See European search report ) discloses wherein a vertical distance between nano antennas included in two adjacent nano antenna layers, of the plurality of nano antenna layers, is greater than or equal to one tenth of a wavelength of resonated incident light in any one of the two adjacent nano antenna layers.
In regards to claim 11, Yang (Figs 2, 3, 4 and associated text) as modified by Song (Fig. 1A and associated text, See European search report ) discloses wherein in two adjacent nano antenna layers, of the plurality of nano antenna layers, a thickness of a nano antenna layer, of the two adjacent nano antenna layers, arranged above is less than or equal to a thickness of a nano antenna layer, of the two adjacent nano antenna layers, arranged below.
In regards to claim 12, Yang (Figs 2, 3, 4 and associated text) as modified by Song (Fig. 1A and associated text, See European search report ) discloses wherein a wavelength of resonated incident light in the nano antenna layer arranged above is less than or equal to a wavelength of resonated incident light in the nano antenna layer arranged below.
In regards to claim 13, Yang (Figs 2, 3, 4 and associated text) as modified by Song (Fig. 1A and associated text, See European search report ) discloses wherein in two adjacent nano antenna layers, of the plurality of nano antenna layers, a wavelength of incident light for which a nano antenna in a nano antenna layer, of the two adjacent nano antenna layers, arranged above generates resonance is greater than a wavelength of incident light for which a nano antenna in a nano antenna layer, of the two adjacent nano antenna layers, arranged below generates resonance.
In regards to claim 14, Yang (Figs 2, 3, 4 and associated text) as modified by Song (Fig. 1A and associated text, See European search report ) discloses wherein a thickness of the nano antenna included in each nano antenna layer has a positive correlation relationship with a wavelength of the output signal of each nano antenna layer.
In regards to claim 15, Yang (Figs 2, 3, 4 and associated text) as modified by Song (Fig. 1A and associated text, See European search report ) discloses wherein antennas having a same shape and comprised in two adjacent nano antenna layers have different polarization directions.
In regards to claim 16, Yang (Figs 2, 3, 4 and associated text) as modified by Song (Fig. 1A and associated text, See European search report ) discloses wherein in association with the antennas being a dipole antenna, dipole antennas in two adjacent nano antenna layers have different extension directions; or in association with the antennas being a spiral antenna, spiral antennas in two adjacent nano antenna layers have different rotation directions.
In regards to claim 17, Yang (Figs 2, 3, 4 and associated text) as modified by Song (Fig. 1A and associated text, See European search report ) discloses an electronic device (Figs. 1, 2) comprising: an image sensor (item 203 and Fig. 3), comprising: at least one photosensitive pixel (Fig. 4, Abstract), wherein each photosensitive pixel (Fig. 4, Abstract) includes a plurality of nano antenna layers (Abstract, nanometre antenna unit, one or more) wherein the plurality of nano antenna layers (Abstract, nanometre antenna unit, one or more) comprise a first nano antenna layer (Abstract, nanometre antenna unit, one or more) and a second nano antenna layer (Abstract, nanometre antenna unit, one or more), and incident light passes through the first nano antenna layer (Abstract, nanometre antenna unit, one or more) and is transmitted to the second antenna (Abstract, nanometre antenna unit, one or more), the first antenna layer (Abstract, nanometre antenna unit, one or more) includes a least one first nano antenna (Abstract, nanometre antenna unit, one or more), arranged in an overlapping manner (Figs. 5-9, Examiner notes the Applicant has not established whether this is a vertically or horizontally overlapping manner), each nano antenna layer (Abstract, nanometre antenna unit, one or more), from the plurality of nano antenna layers (Abstract, nanometre antenna unit, one or more), includes at least one nano antenna (Abstract, nanometre antenna, one or more), and an image is obtained using an output signal of the at least first nano antenna (Abstract, nanometre antenna, one or more) and an output signal of the at least one second nano antenna (Abstract, nanometre antenna, one or more), but does not specifically disclose the at least one first nano antenna is adapted to generate resonance for a first wavelength band or a first polarization direction of the incident light, nano antennas, second nano antenna adapted to generate resonance for a second wavelength band or a second polarization direction of the incident light.
Song (Fig. 1A and associated text) discloses a plurality of nano antenna layer the plurality of nano antenna layers are arranged in an overlapping manner, each nano antenna layer
comprises at least one nano antenna (multiresonant composite optical nano antenna
composed of MIM loop nanoantenna building blocks in the vertical stack), the at least
one nano antenna is configured to generate resonance for incident light, nano antennas
in the different nano antenna layers are configured to generate resonance for different
incident light (Abstract). Song also discloses the general use in photonic devices (end of first paragraph of second column, page 4410). See in particular "light-matter interactions in subwavelength domain, which is useful for photodetection." This suggests that combining these
nanoantennas with photoelectric sensing structures would be obvious for the skilled
person for designing image sensors.
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date to incorporate the teachings of Song for the purpose of improving the efficiency of the device.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TELLY D GREEN whose telephone number is (571)270-3204. The examiner can normally be reached M-F 8am-5pm.
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TELLY D. GREEN
Examiner
Art Unit 2898
/TELLY D GREEN/Primary Examiner, Art Unit 2898 June 24, 2026
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