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 .
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 1-2 are rejected under 35 U.S.C. 103 as being unpatentable over Lenchenkov (US 2011/0032398, hereinafter Lenchenkov).
With respect to claim 1, Lenchenkov discloses a biometric information measurement device (Fig. 10 & Para 0017) comprising:
an image sensor (Fig. 10) including:
a plurality of pixels of mutually different types (Para 0031-003; and 0041-0042 – the sensors comprise of an array of image pixels that can be of mutually different types), a layered film provided for each of the plurality of pixels (Para 0027-0030 and 0033 – single stack – double stack multilayer), and including a plurality of layered layers (Para 0035 and 0037), the plurality of layered layers including two or more types of layers having mutually different refractive indices (Para 0025-0027), and
a photodiode configured to receive light transmitted through the layered
film, and to generate a signal corresponding to the light (Para 0004; 0021; photodiodes that convert light into electrical signals – photodiodes receive light that has passed through the multilayer interference filters and generate corresponding electrical signals).
In the same embodiment Lenchenkov does not explicitly disclose that the photodiode is a light receiving element.
In another embodiment, Lenchenkov discloses that the photodiode is a light receiving element (Para 0021). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Lenchenkov’s first embodiment by having disclosure from second embodiment in order to produce the desired optical properties in manufacturable and reproducible design.
With respect to claim 2, Lenchenkov discloses wherein each of the plurality of layered layers has a thickness equal to or greater than 20 nm and equal to or less than 500 nm (Para 0026).
Claims 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over Lenchenkov in view of Perilloux (US 4793669, hereinafter Perilloux).
With respect to claim 3, Lenchenkov discloses the biometric information measurement device according to claim 1.
Lenchenkov does not explicitly disclose wherein the layered film has a spectral transmittance that is at a maximum at a wavelength equal to or longer than 620 nm and equal to or shorter than 740 nm.
In an analogous art, Perilloux discloses wherein the layered film has a spectral transmittance that is at a maximum at a wavelength equal to or longer than 620 nm and equal to or shorter than 740 nm (Col. 8; lines 1-20; reflects substantially all NIR radiation above wavelength 790 nm, and transmits substantially all light in the range from 505 nm to 700 nm). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Lenchenkov’s device by having Perilloux’s disclosure in order to produce the desired optical properties in manufacturable and reproducible design.
With respect to claim 4, Lenchenkov discloses the biometric information measurement device according to claim 1.
Lenchenkov does not explicitly disclose wherein the layered film has a spectral transmittance that is at a minimum at a wavelength equal to or longer than 760 nm and equal to or shorter than 1100 nm.
In an analogous art, Perilloux discloses wherein the layered film has a spectral transmittance that is at a minimum at a wavelength equal to or longer than 760 nm and equal to or shorter than 1100 nm (Col. 5; lines 5-10; This filter reflects substantially all (i.e. more than approximately 93 percent) near-infrared electromagnetic radiation in the segment of the spectrum from about 700 nanometers to about 1100 nanometers). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Lenchenkov’s device by having Perilloux’s disclosure in order to produce the desired optical properties in manufacturable and reproducible design.
Claims 5-7 are rejected under 35 U.S.C. 103 as being unpatentable over Lenchenkov in view of Merritt et al. (US 2010/0026995, hereinafter Merritt).
With respect to claim 5, Lenchenkov discloses the biometric information measurement device according to claim 1.
Lenchenkov does not explicitly disclose an absorption-type filter made of at least one type selected from the group consisting of an organic material and an inorganic material, wherein the light passes through the absorption-type filter.
In an analogous art, Merritt discloses an absorption-type filter made of at least one type selected from the group consisting of an organic material and an inorganic material (Para 0128; filter can comprise of glass/inorganic or plastic/organic), wherein the light passes through the absorption-type filter (Para 0110 – transparent). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Lenchenkov’s device by having Merritt’s disclosure in order to improve the reliability of the measurements by reducing noise by having different types of filters.
With respect to claim 6, Lenchenkov discloses wherein the light receiving element is a first light receiving element (Para 0033; 0035), the light is first light (Para 0071), the signal is a first signal (Para 0019), and the absorption-type filter is a first absorption-type filter (Para 0029-0030).
Lenchenkov does not explicitly disclose that the biometric information measurement device further comprises: a second absorption-type filter made of at least one type selected from the group consisting of an organic material and an inorganic material; and a second light receiving element configured to receive second light transmitted through the second absorption-type filter and the layered film and generate a second signal based on the second light, the second light receiving element being adjacent to the first light receiving element.
In an analogous art, Merritt discloses that the biometric information measurement device further comprises: a second absorption-type filter made of at least one type selected from the group consisting of an organic material and an inorganic material (Para 0090; 0128; plastic/organic or glass/silicon/inorganic); and a second light receiving element configured to receive second light transmitted through the second absorption-type filter and the layered film (Para 0007-0008; 00128; multiple photodetectors) and generate a second signal based on the second light (Para 0071), the second light receiving element being adjacent to the first light receiving element (Para 0128).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Lenchenkov’s device by having Merritt’s disclosure in order to improve the reliability of the measurements by reducing noise by having different types of filters.
With respect to claim 7, Lenchenkov discloses a spacer member (74 of Fig. 10) disposed between the layered film (36) and the absorption-type filter (34).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over
Lenchenkov in view of Perilloux.
With respect to claim 8, Lenchenkov discloses a method of manufacturing a biometric information measurement device (Para 0017) that comprises an image sensor including a plurality of pixels of mutually different types (Para 0031-003; and 0041-0042 – the sensors comprise of an array of image pixels that can be of mutually different types), the method comprising:
forming a light receiving element (34 of Fig. 10 – Para 0021) on a semiconductor substrate (32);
forming an insulating film (74) on the semiconductor substrate to cover the light receiving element (Para 0033 – passivation layer 74 covers 34); and
forming an optical filter (36; Para 0021) corresponding to the light receiving element on the insulating film (Fig. 10) to form a layered film that is provided for each of the plurality of pixels (Para 0025-0027), wherein
Lenchenkov does not explicitly disclose that the optical filter has a spectral transmittance that is at a maximum, at a wavelength equal to or longer than 620 nm and equal to or shorter than 740 nm, and a spectral transmittance that is,at a minimum, at a wavelength equal to or longer than 760 nm and equal to or shorter than 1100 nm.
In an analogous art, Perilloux discloses that the optical filter has a spectral transmittance that is at a maximum, at a wavelength equal to or longer than 620 nm and equal to or shorter than 740 nm (Col. 8; lines 1-20; reflects substantially all NIR radiation above wavelength 790 nm, and transmits substantially all light in the range from 505 nm to 700 nm), and a spectral transmittance that is, at a minimum, at a wavelength equal to or longer than 760 nm and equal to or shorter than 1100 nm (Col. 5; lines 5-10; This filter reflects substantially all (i.e. more than approximately 93 percent) near-infrared electromagnetic radiation in the segment of the spectrum from about 700 nanometers to about 1100 nanometers). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Lenchenkov’s device by having Perilloux’s disclosure in order to produce the desired optical properties in manufacturable and reproducible design.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over
Lenchenkov/Perilloux in view of Noudo et al. (US 2023/0134765, hereinafter Noudo).
With respect to claim 9, Lenchenkov discloses wherein the two or more types of layers correspond to types of the plurality of pixels (Para 0025-0027; 0035 and 0037).
Lenchenkov/Perilloux does not explicitly disclose that the two or more types of layers transmit the light in a wavelength band corresponding to an absorption coefficient of oxyhemoglobin.
In an analogous art, Noudo discloses that the two or more types of layers transmit the light in a wavelength band corresponding to an absorption coefficient of oxyhemoglobin (Para 0046-0047 and 0259).Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Lenchenkov/Periloux’s device by having Noudo’s disclosure in order to improve the accuracy of the biometric images.
Response to Arguments
Applicant’s arguments regarding amended claims have been considered, however they are not persuasive.
Regarding claim 1, applicant argues that prior art does not explicitly disclose the amended claim limitations. Examiner respectfully disagrees because Lenchenkov discloses a biometric information measurement device (Fig. 10 & Para 0017) comprising: an image sensor (Fig. 10) including: a plurality of pixels of mutually different types (Para 0031-003; and 0041-0042 – the sensors comprise of an array of image pixels that can be of mutually different types), a layered film provided for each of the plurality of pixels (Para 0027-0030 and 0033 – single stack – double stack multilayer), and including a plurality of layered layers (Para 0035 and 0037), the plurality of layered layers including two or more types of layers having mutually different refractive indices (Para 0025-0027), and a photodiode configured to receive light transmitted through the layered film, and to generate a signal corresponding to the light (Para 0004; 0021; photodiodes that convert light into electrical signals – photodiodes receive light that has passed through the multilayer interference filters and generate corresponding electrical signals).
In the same embodiment Lenchenkov does not explicitly disclose that the photodiode is a light receiving element.
In another embodiment, Lenchenkov discloses that the photodiode is a light receiving element (Para 0021).
Regarding claim 8, applicant argues that prior art does not explicitly disclose the amended claim limitations. Examiner respectfully disagrees because Lenchenkov discloses a method of manufacturing a biometric information measurement device (Para 0017) that comprises an image sensor including a plurality of pixels of mutually different types (Para 0031-003; and 0041-0042 – the sensors comprise of an array of image pixels that can be of mutually different types), the method comprising:
forming a light receiving element (34 of Fig. 10 – Para 0021) on a semiconductor substrate (32);
forming an insulating film (74) on the semiconductor substrate to cover the light receiving element (Para 0033 – passivation layer 74 covers 34); and
forming an optical filter (36; Para 0021) corresponding to the light receiving element on the insulating film (Fig. 10) to form a layered film that is provided for each of the plurality of pixels (Para 0025-0027), wherein
Lenchenkov does not explicitly disclose that the optical filter has a spectral transmittance that is at a maximum, at a wavelength equal to or longer than 620 nm and equal to or shorter than 740 nm, and a spectral transmittance that is,at a minimum, at a wavelength equal to or longer than 760 nm and equal to or shorter than 1100 nm.
In an analogous art, Perilloux discloses that the optical filter has a spectral transmittance that is at a maximum, at a wavelength equal to or longer than 620 nm and equal to or shorter than 740 nm (Col. 8; lines 1-20; reflects substantially all NIR radiation above wavelength 790 nm, and transmits substantially all light in the range from 505 nm to 700 nm), and a spectral transmittance that is, at a minimum, at a wavelength equal to or longer than 760 nm and equal to or shorter than 1100 nm (Col. 5; lines 5-10; This filter reflects substantially all (i.e. more than approximately 93 percent) near-infrared electromagnetic radiation in the segment of the spectrum from about 700 nanometers to about 1100 nanometers).
Therefore, the rejection for claims 1-8 has been maintained. Newly added claim 9 has been addressed above.
Conclusion
Applicant’s arguments regarding amended claims have been considered, however they are not persuasive. 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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMMAD M CHOUDHRY whose telephone number is (571)270-5716. The examiner can normally be reached Monday - Friday.
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/MOHAMMAD M CHOUDHRY/Primary Examiner, Art Unit 2899
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