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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 07 January 2026 has been entered.
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, 3, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (US 2014/0084134), hereinafter Chen, in view of Jung et al. (KR 20190108527), hereinafter Jung.
Claim 1: Chen discloses an infrared light sensing device (1, Fig. 2), comprising:
a substrate (labeled in annotated figure below as element 20);
a light source module (12) disposed on the substrate (20) [0026];
a light sensing module (13) disposed on the substrate (20) [0026];
a barrier structure (16) disposed on the substrate (20) to isolate the light source module (12) and the light sensing module (13) (“the block member 16 is configured to prevent the light emitted by the light source 12 from being received by the image sensor 13 directly” [0026]) and forming a first accommodating space and a second accommodating space with openings (evident from figure), wherein the light source module (12) is located in the first accommodating space (right side of figure), and the light sensing module (13) is located in the second accommodating space (left side of figure); and
a protective cover (11/14/14’) [0026], the protective cover (11/14/14’) comprising:
a plate (11) having a first surface (111) and a second surface (112) opposite to the first surface (111) [0028];
a first bandpass optical film (interference film 14; “the interference films 14, 14' may be formed as a bandpass filter” [0035]) disposed adjacent to the first surface (111) and facing the light source module (12) (“the first interference film 14 facing the protection cover 11” [0032]), the first bandpass optical film (14) corresponding to a first infrared light spectrum range (evident since “the light source 12 may emit infrared light having a center wavelength of 850 nm or 940 nm” [0029]), wherein a size of the first bandpass optical film (14) is not larger than the opening of the first accommodating space so that when the protective cover (11/14/14’) is bonded to the barrier structure (16), the first bandpass optical film (14) is completely located in the first accommodating space (evident from figure); and
a second bandpass optical film ((interference film 14’; “the interference films 14, 14' may be formed as a bandpass filter” [0035]) disposed adjacent to the first surface (111) and facing the light sensing module (13) (“the second interference film 14' is preferably disposed between the lens 15 and the protection cover 11” [0033]), the second bandpass optical film (14’) corresponding to at least one second infrared light spectrum range (evident since “the light source 12 may emit infrared light having a center wavelength of 850 nm or 940 nm” [0029]), wherein a size of the second bandpass optical film (14’) is not larger than the opening of the second accommodating space so that when the protective cover (11/14/14’) is bonded to the barrier structure (16), the second bandpass optical film (14’) is completely located in the second accommodating space (evident from figure).
Chen discloses wherein the first bandpass optical film (14) is “disposed between the light source 12 and the protection cover 11” [0032], and wherein the second bandpass optical film (14’) “disposed between the image sensor 13 and the protection cover 11” [0033], but does not explicitly disclose wherein the first and second bandpass optical films are disposed on the first surface of the plate.
However, Applicant has provided no criticality for the first and second bandpass optical films to be disposed on the first surface, rather than adjacent to it. It appears to be a mere design choice, since the first and second bandpass optical films are still readily accessible and replaceable in their current configuration.
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Chen’s first and second bandpass optical films by disposing them on the first surface of the plate for the purpose of making the device more integral, so that the device is less susceptible to environmental vibrations.
Chen discloses the first and second bandpass optical filters (14/14’) corresponding to first and second infrared light spectrum ranges [0029], but does not explicitly disclose wherein each of the at least one second infrared light spectrum range is located within the first infrared light spectrum range,
However, the Examiner takes Official notice that it is a well-known concept for a receiving filter to not have a larger spectrum range than the transmitting filter since doing so would invite stray radiation and decrease the SNR.
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Chen’s second bandpass optical filter so that its spectrum range is within the spectrum range of the first bandpass optical filter for the purpose of keeping the measurement accuracy high by not allowing extraneous signals to reach the light sensing module.
Chen discloses the barrier structure (16) and protective cover (11/14/14’) [0026], but does not explicitly disclose wherein the protective cover is bonded to the barrier structure with an adhesive.
Jung, however, in the same field of endeavor of optical sensor packages, discloses a light sensing device (1, Fig. 2), comprising:
a substrate (100) [0025];
a light source module (110) disposed on the substrate (100) [0025];
a light sensing module (130) disposed on the substrate (100) [0025];
a barrier structure (200) disposed on the substrate (100) to isolate the light source module (110) and the light sensing module (130) [0040]; and
a protective cover (300) bonded to the barrier structure (200) with an adhesive (250) [0063].
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Chen’s sensing device by bonding the protecting cover to the barrier structure for the purpose of providing a structurally sturdy sensing device that minimizes the sensitivity to environmental vibrations.
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annotated figure 2 of Chen to show the substrate as element 20
Claim 3: Chen discloses wherein “the light source 12 may emit infrared light having a center wavelength of 850 nm or 940 nm” [0029], but does not explicitly disclose wherein the first infrared light spectrum is between 800 nm and 1600 nm.
However, it in inherent that the lowest wavelength in the infrared spectrum range is 700nm.
Therefore, it is evident that, with a center wavelength of either 850 nm or 940 nm, the first infrared light spectrum range would be, at maximum, either 700-1000 nm or 700-1180nm.
These ranges do not fall wholly within the claimed range of 800-1600 nm.
However, it would have been obvious to one or ordinary skill in the art, at the time of the invention, to modify Chen’s first bandpass optical film to be narrower to obtain a more specific measurement result.
Claim 13: Chen discloses wherein “the light source 12 may emit infrared light having a center wavelength of 850 nm or 940 nm” [0029], but does not explicitly disclose wherein a light emitting spectrum range corresponding to the light source module is between 800 nm and 1600 nm.
However, it in inherent that the lowest wavelength in the infrared spectrum range is 700nm.
Therefore, it is evident that, with a center wavelength of either 850 nm or 940 nm, the light emitting spectrum range would be, at maximum, either 700-1000 nm or 700-1180nm.
These ranges do not fall wholly within the claimed range of 800-1600 nm.
However, it would have been obvious to one or ordinary skill in the art, at the time of the invention, to modify Chen’s light source to be narrower to obtain a more specific measurement result.
Claims 2 and 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over Chen as applied to claim 1 above, and further in view of Tisserand et al. (US 2024/0102861), hereinafter Tisserand.
Claim 2: Chen is silent with respect to the first infrared light spectrum range being a wide infrared light spectrum range and each of the at least one second infrared light spectrum range being a narrow infrared light spectrum range.
Tisserand, however, in the same field of endeavor of optical sensing, discloses a light sensing device (Fig. 1A) comprising:
a substrate (105) [0041];
a light sensing module (100) disposed on the substrate (105) [0041]; and
a second bandpass optical film (160) facing the light sensing module (100) [0041], the second bandpass optical film (160) corresponding to at least one second light spectrum range (inherent to a bandpass optical film),
wherein each of the at least one second light spectrum range is a narrow light spectrum range [0042] (the array of photosensitive pixels 115 is centered, respectively, on wavelengths λ1 to λ16 [0041]; see Fig. 1C).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Chen’s second bandpass optical film to correspond to a plurality of narrow light spectrum ranges for the purpose of aligning with a corresponding photosensitive pixel of the image sensor to yield an accurate image of the object being sensed.
It is evident then, in Chen’s modified infrared light sensing device, that the first infrared light spectrum range is a wide infrared light spectrum range (since the light source module comprises a single light source rather than an array, Chen [0026]).
Claim 4: Chen is silent with respect to the at least one second infrared light spectrum range comprising a plurality of second infrared light spectrum ranges.
Tisserand, however, in the same field of endeavor of optical sensing, discloses a light sensing device (Fig. 1A) comprising:
a substrate (105) [0041];
a light sensing module (100) disposed on the substrate (105) [0041]; and
a second bandpass optical film (160) facing the light sensing module (100) [0041], the second bandpass optical film (160) corresponding to at least one second light spectrum range (inherent to a bandpass optical film),
wherein when the at least one second light spectrum range comprises a plurality of second light spectrum ranges [0042] (“array of interference filters 160” [0041]), the light sensing module (100) comprises a plurality of light sensing elements (115) corresponding to the second light spectrum ranges (“an array of photosensitive pixels 115… centered respectively on wavelengths λ1 to λ16 [0041]”).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Chen’s second bandpass optical film to correspond to a plurality of light spectrum ranges for the purpose of aligning with a corresponding photosensitive pixel of the image sensor to yield an accurate image of the object being sensed.
Claim 5: Chen, in view of Tisserand, further discloses wherein the second bandpass optical film comprises a plurality of infrared light receiving regions, and each of the infrared light receiving regions corresponds to an independent second infrared light spectrum range (Tisserand: each pixel 115 of the image sensor 110 has a spectral band with a different center wavelength [0041], and each interference filter 150 corresponds to one of these spectral bands [0042]).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Chen as applied to claim 1 above, and further in view of Date et al. (US 2020/0290384), hereinafter Date.
Claim 7: Chen is silent with respect to an antifouling film.
Date, however, although not in the same field of endeavor, is nevertheless concerned with the same problem of keeping an optical measurement device free of contaminants. Date discloses an optical sensing device (30, Fig. 4), comprising:
a protective cover (302), the protective cover (302) comprising:
a plate (302) having a first surface (inner surface) and a second surface (outer surface) opposite to the first surface,
wherein the protective cover (302) further comprises an antifouling film, and the antifouling film is disposed on the second surface [0069].
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Chen’s protective cover with an antifouling film disposed on the second surface for the purpose of “prevent[ing] dust and so forth from adhering to the outer surface of the cover member 302, by being subjected to soil-resistant finish, dust-resistant finish and/or the like” (Date [0069]).
Claims 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Chen as applied to claim 1 above, and further in view of Chu et al. (US 2016/0238439), hereinafter Chu.
Claim 8: Chen further discloses wherein the light source module (12) comprises a light emitting element [0012], but is silent with respect to a first packaging material used to encapsulate the light emitting element.
Chu, however, in the same field of endeavor of optical sensors, discloses an optical sensing device (10, Figs. 1A,8A) comprising:
a substrate (140) [0107];
a light source module (110/111) disposed on the substrate (140) [0108]; and
a light sensing module (120/121) disposed on the substrate (140) [0108],
wherein the light source module (110/111) further comprises a light emitting element (110) and a first packaging material (111), the first packing material (111) is used to encapsulate the light emitting element (110) [0108].
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Chen’s light source module with a first packaging layer encapsulating the light emitting element for the purpose of protecting the light emitting element while also allowing for an enhancement of the signal strength (Chu [0106]).
In this modified sensing device, Chen further discloses wherein a first air layer is formed between the first packaging material and the first bandpass optical film (Chu discloses that the outer layer of the packaging material 111 is configured as a microstructure 112 [0105]; evident from Figs. 9A/C of Chen that this microstructure creates an air gap).
Claim 9: Chen, in view of Chu, further discloses wherein the light sensing module (120/121) comprises at least one light sensing element (120) and a second packaging material (121), the second packaging material (121) is used to encapsulate the at least one light sensing element (120) (Chu [0108]).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Chen’s light sensing module with a second packaging layer encapsulating the light sensing element for the purpose of protecting the light sensing element while also allowing for an improvement of the light receiving efficiency (Chu [0105]).
In this modified sensing device, Chen further discloses wherein a second air layer is formed between the second packaging material and the second bandpass optical film (Chu discloses that the outer layer of the packaging material 121 is configured as a microstructure 122 [0105]; evident from Figs. 9A/C of Chen that this microstructure creates an air gap).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Chen as applied to claim 1 above, and further in view of Kitahara (US 2014/0091211), hereinafter Kitahara.
Claim 10: Chen further discloses wherein the second bandpass optical film (14’) comprises a plurality of layer structures (141’/142’) (“the second interference film 14' may include a substrate 141' and a second coating layer 142'” [0033]), but is silent with respect to the layered structures comprising at least one metal alloy material layer.
Kitahara, however, although not in the same field of endeavor, is nevertheless concerned with the same problem of providing a long-lasting, accurate optical measurement device. Kitahara discloses wherein a bandpass optical film (wavelength tunable optical filter) comprises at least one metal alloy material layer [0023].
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Chen’s second bandpass optical film to comprise at least one metal alloy layer for the purpose of creating a long-lasting conductive film in which the layers are not susceptible to peeling (Kitahara [0023]).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Chen, in view of Kitihara as applied to claim 10 above, and further in view of Nishikawa et al. (US 5,274,352), hereinafter Nishikawa.
Claim 11: Chen is silent with respect to a silver-platinum alloy material.
Nishikawa, however, although not in the same field of endeavor, is nevertheless concerned with the same problem of providing good conduction in an apparatus. Nishikawa discloses the use of a silver-platinum alloy material for a material layer (Col. 12, Lines 56-61).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Chen’s metal alloy material layer with a silver-platinum material layer for the purpose of providing an outstanding electroconductive film (Nishikawa, Col. 12, Lines 56-61).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Chen, in view of Kitihara as applied to claim 10 above, and further in view of Okano (US 2012/0050841), hereinafter Okano.
Claim 12: Chen is silent with respect to at least one in the following group: a silicon dioxide material layer, a titanium dioxide material layer, a tantalum pentoxide material layer and a niobium pentoxide material layer.
Okano, however, although not in the same field of endeavor, is nevertheless concerned with the same problem of preventing signal loss in a measurement. Okano discloses the use of a titanium dioxide material layer [0061].
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Chen’s metal alloy material layer with a titanium-dioxide material layer for the purpose of “prevent[ing] decrease in radiation intensity” (Okano [0061]).
Conclusion
Any inquiry concerning this communication or earlier communications from the Examiner should be directed to HINA F AYUB whose telephone number is (571)270-3171. The Examiner can normally be reached on 9am-5pm ET Mon-Fri.
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, Tarifur Chowdhury can be reached on 571-272-2287. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Hina F Ayub/
Primary Patent Examiner
Art Unit 2877