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 § 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 1-2 are rejected under 35 U.S.C. 102a as being anticipated by Hendrix et al. (US 2019/0196072, hereinafter Hendrix).
With respect to claim 1, Hendrix discloses a biometric information measurement device (Para 0003; 0080; gesture recognition system) comprising:
a layered film (Para 0005 & 0045 – an optical filter includes a filter stack, each of the stack comprises of multiple layers) including a plurality of layered layers including two or more types of layers having different refractive indices (Para 0046 – low and high refractive index layers); and
a light receiving element (1030 of Fig. 10) configured to receive light transmitted through the layered film (1020; Para 0071- 1030 receives light transmitted through filter 1020) and generate a signal corresponding to the light (Para 0072 – sensor converts the optical information into an electrical signal).
With respect to claim 2, Hendrix discloses wherein each of the plurality of layers has a thickness equal to or greater than 20 nm and equal to or less than 500 nm (Para 0046 – 300 nm).
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 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over Hendrix in view of Perilloux (US 4793669, hereinafter Perilloux).
With respect to claim 3, Hendrix discloses the biometric information measurement device according to claim 1.
Hendrix 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 Hendrix’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, Hendrix discloses the biometric information measurement device according to claim 1.
Hendrix 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 Hendrix’s device by having Perilloux’s disclosure in order to produce the desired optical properties in manufacturable and reproducible design.
Claims 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Hendrix in view of Merritt et al. (US 2010/0026995, hereinafter Merritt).
With respect to claim 5, Hendrix discloses the biometric information measurement device according to claim 1.
Hendrix 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 Hendrix’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, Hendrix discloses wherein the light receiving element is a first light receiving element (1030 of Fig. 10), the light is first light (Para 0071), the signal is a first signal (Para 0072), and the absorption-type filter is a first absorption-type filter (Para 0045).
Hendrix 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 Hendrix’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.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Hendrix/Merritt in view of Lenchenkov (US 2011/0032398, hereinafter Lenchenkov).
With respect to claim 7, Hendrix/Merritt discloses the biometric information measurement device according to claim 5.
Hendrix/Merritt does not explicitly disclose a spacer member disposed between the layered film and the absorption-type filter.
In an analogous art, Lenchenkov discloses a spacer member (74) disposed between the layered film (36) and the absorption-type filter (34).
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 Hendrix/Merritt’s device by having Lenchenkov’s disclosure in order to produce the desired optical properties in manufacturable and reproducible design.
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), 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).
Lenchenkov does not explicitly disclose that the optical filter has a spectral transmittance that is at a maximum at a wavelength at least 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 at least 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 at least 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 at least 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 Hendrix’s device by having Perilloux’s disclosure in order to produce the desired optical properties in manufacturable and reproducible design.
Conclusion
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.
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, Fairbanks Brent can be reached at 408-918-7532. 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.
/MOHAMMAD M CHOUDHRY/ Primary Examiner, Art Unit 2899