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
The 5/11/2026 "Reply" elects with traverse and identifies claims 29-30, 32, 44-46, and 53 as being drawn to Group II, Species B2xx. Accordingly, Examiner has withdrawn claims 3-6, 15-16, 18, 25-26, 31, 43, and 54 from further consideration as being drawn to a non-elected invention. See, for example, 37 CFR § 1.142(b). Applicant contends that claim 29 is generic to at least Species A and B, Sub-Species 1 and 2, and Sub-Sub-Species xx and yy. This argument is persuasive.
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 (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 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.
Claims 29-30, 32, 44, 46, and 53 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jang (US pub. No. 2022/0059596).
Regarding claim 29, in FIG. 17, Jang discloses an image sensor device comprising: a sensor comprising: a quantum dot layer (OPD, paragraph [0068]) on a first electrode (leftmost PE) of a substrate (CH1), the substrate comprising: electrodes comprising the first electrode and a second electrode (rightmost PE connected to CE); an interconnect layer (IL/43); and conductive features comprising a first conductive feature (15 associated with leftmost 19) and a second conductive feature (15 associated with connection to CE), wherein the first electrode and the second electrode are electrically connected to the first conductive feature and the second conductive feature, respectively via interconnects (19) in the interconnect layer; a transparent conductive layer (CE, paragraph [0068]) on the quantum dot layer and the second electrode, wherein the transparent conductive layer is electrically connected to the second electrode; and an image processor device (CH2, paragraph [0020]), wherein the sensor is hybrid bonded to the image processor device without use of an intervening adhesive to connect the conductive features of the sensor to conductive features of the image processor device (paragraph [0061]).
Regarding claim 30, in FIG. 17, Jang discloses a dielectric layer (ML) on the transparent conductive layer.
Regarding claim 32, in FIG. 17, Jang discloses that the first electrode protrudes from (away from) a surface of the interconnect layer.
Regarding claim 44, the process limitation of “the quantum dot layer is spin coated” found in product claim 44 invokes the product-by-process doctrine. Product-by-process claims are not limited to the manipulations of the recited steps, only the structure implied by the steps (MPEP § 2113). Anticipation of claim 44 does not require the quantum dot layer is spin coated, but simply that the quantum dot layer is formed on a first electrode, as disclosed by Jang.
Regarding claim 46, the process limitation of “the quantum dot layer is spin coated and then patterned” found in product claim 46 invokes the product-by-process doctrine. Product-by-process claims are not limited to the manipulations of the recited steps, only the structure implied by the steps (MPEP § 2113). Anticipation of claim 46 does not require the quantum dot layer is spin coated and then patterned, but simply that the quantum dot layer is formed on a first electrode, as disclosed by Jang.
Regarding claim 53, in FIG. 17, Jang discloses that the sensor is of a first type or a second type, wherein the first type of sensor comprises a same type of quantum dot layer and a different type of color filter layer (e.g. CF1, paragraph [0068]) than the second type of sensor (e.g. CF2, paragraph [0068]).
Allowable Subject Matter
Claim 45 is 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.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 45, in FIG. 17, Jang discloses that electrodes of the sensor comprise pairs of electrodes (e.g. first and second electrodes); the process limitation of “the quantum dot layer is spin coated to form a continuous quantum dot layer” found in product claim 45 invokes the product-by-process doctrine. Product-by-process claims are not limited to the manipulations of the recited steps, only the structure implied by the steps (MPEP § 2113). Anticipation of claim 45 does not require the quantum dot layer is spin coated, but simply that the quantum dot layer is formed on a first electrode and is a continuous quantum dot layer, as disclosed by Jang.
However, the prior art failed to disclose or reasonably suggest the claimed image sensor device particularly characterized by a spacing between a first pair of electrodes to a second pair of electrodes is greater than about two times a thickness of the quantum dot layer.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TUCKER J WRIGHT whose telephone number is (571)270-3234. The examiner can normally be reached 8:30am-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 attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Landau can be reached at 571-272-1731. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/TUCKER J WRIGHT/ Primary Examiner, Art Unit 2891
Prosecution Insights