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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 01 September 2023 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
Claim Objections
Claim 3 is objected to because of the following informalities:
Claim 3: “a red wavelength region” in lines 4-5 should be “the red wavelength region” for further clarity and continuity in the claim language.
Appropriate correction is required.
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.
Claim 3 is 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.
Regarding claim 3, “the pattern” in both line 4 and line 8 are unclear. Are these limitation referring to the predetermined periodic pattern mentioned previously in claim 1 or different patterns? In light of the specification, the Examiner is interpreting these limitations as referring to different patterns as the pitch changes according to the location of the filter in the array.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 5-7, and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Iwasaki (USPGPub 20130032914 A1) in view of Yokogawa (USPGPub 20120061553 A1).
Regarding claim 1, Iwasaki teaches a solid-state imaging element comprising: a semiconductor substrate (101) in which a photoelectric conversion element (21) is provided for each pixel (PX) (see figure 2, substrate 101 and pixels PX; and ¶3, a plurality of pixels are arranged in an array on an imaging surface of a substrate. Each of the plurality of pixels is provided with a photoelectric conversion unit); and a filter layer (CF) stacked on a light-receiving surface side of the semiconductor substrate (101) (see figure 6, color filter CF (i.e. filter layer)). However, Iwasaki fails to explicitly teach a plasmon filter disposed in the filter layer of at least some red pixels of a plurality of the red pixels that receives light in a red wavelength region, the plasmon filter including a plasmon resonator having a predetermined periodic pattern.
However, Yokogawa teaches a plasmon filter (24) disposed in the filter layer (23/24) of at least some red pixels of a plurality of the red pixels that receives light in a red wavelength region, the plasmon filter (24) including a plasmon resonator having a predetermined periodic pattern (see figure 4, conductor structure layer (plasmon resonator layer) 24; and ¶61, in the conductor structure layer 24 corresponding to the pixels for which a red color filter is provided in the color filter layer 23, the micro particle layers 29-1 and 29-2 are formed by two-dimensionally arranging the islands 28-1 and 28-2 at periodic intervals corresponding to the red wavelength).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Iwasaki to incorporate the teachings of Yokogawa to further include a plasmon filter in order to reduce influence of color mixing due to miniaturization of the pixel size and improve image quality (Yokogawa, ¶10).
Regarding claim 5, Iwasaki as modified by Yokogawa teaches the solid-state imaging element according to claim 1, wherein, for the red pixel (Iwasaki PX), a two-layer structured filter (Iwasaki CF | Yokogawa 23/24) including the plasmon filter (Yokogawa 24) and a color filter (Iwasaki CF | Yokogawa 23) containing red dyestuff is disposed in the filter layer (Iwasaki CF | Yokogawa 23/24) (Yokogawa, see figure 4, color filters 23 stacked with plasmon resonator layer 24; and ¶56, The color filter layer 23 contains organic molecules or pigments that selectively transmit visible wavelength components of three primary colors (for example, red, blue, green, or the like)).
Regarding claim 6, Iwasaki as modified by Yokogawa teaches the solid-state imaging element according to claim 5, wherein the plasmon filter (Yokogawa 24) is disposed closer to a light-incident side than the color filter (Iwasaki CF | Yokogawa 23) is (Yokogawa, ¶95, the color filter layer 23A is provided on the conductor structure layer 24, however, the conductor structure layer 24 may be provided on the color filter layer 23A).
Regarding claim 7, Iwasaki as modified by Yokogawa teaches the solid-state imaging element according to claim 1, wherein a space (Iwasaki 700) between an on-chip lens (Iwasaki ML | Yokogawa 22) stacked on the filter layer (Iwasaki CF | Yokogawa 23/24) and an infrared cut filter (Iwasaki IRCF) stacked on a surface of a sealing glass (Iwasaki 300) that seals a sensor surface of the solid-state imaging element is filled with a material having a refractive index of 1 or more (Iwasaki, see figure 26, microlens ML stacked on pixels PX and infrared cut filter IRCF stacked on cover glass 300 with cavity 700 disposed therebetween; ¶4, The solid-state imaging apparatus has, for example, a "cavity structure", and an air layer is interposed between the cover glass and the substrate on which the pixels are arranged; and NOTE: the refractive index of air is approximately 1.0003 under standard conditions).
Regarding claim 10, Iwasaki teaches an electronic apparatus comprising a solid-state imaging element including a semiconductor substrate (101) in which a photoelectric conversion element (21) is provided for each pixel (PX) (see figure 2, substrate 101 and pixels PX; and ¶3, a plurality of pixels are arranged in an array on an imaging surface of a substrate. Each of the plurality of pixels is provided with a photoelectric conversion unit), and a filter layer (CF) stacked on a light-receiving surface side of the semiconductor substrate (101) (see figure 6, color filter CF (i.e. filter layer)). However, Iwasaki fails to explicitly teach a plasmon filter disposed in the filter layer of at least some red pixels of a plurality of the red pixels that receives light in a red wavelength region, the plasmon filter including a plasmon resonator having a predetermined pattern.
However, Yokogawa teaches a plasmon filter (24) disposed in the filter layer (23/24) of at least some red pixels of a plurality of the red pixels that receives light in a red wavelength region, the plasmon filter (24) including a plasmon resonator having a predetermined pattern (see figure 4, conductor structure layer (plasmon resonator layer) 24; and ¶61, in the conductor structure layer 24 corresponding to the pixels for which a red color filter is provided in the color filter layer 23, the micro particle layers 29-1 and 29-2 are formed by two-dimensionally arranging the islands 28-1 and 28-2 at periodic intervals corresponding to the red wavelength).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Iwasaki to incorporate the teachings of Yokogawa to further include a plasmon filter in order to reduce influence of color mixing due to miniaturization of the pixel size and improve image quality (Yokogawa, ¶10).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Iwasaki (USPGPub 20130032914 A1) in view of Yokogawa (USPGPub 20120061553 A1) as applied to claim 1 above, and further in view of Toda (WO 2020144971 A1) (using USPGPub 20220085088 A1 as a translation).
Regarding claim 2, Iwasaki as modified by Yokogawa teaches the plasmon filter (Yokogawa 24) having a pattern (Yokogawa, see figure 4, conductor structure layer (plasmon resonator layer) 24; and ¶61, in the conductor structure layer 24 corresponding to the pixels for which a red color filter is provided in the color filter layer 23, the micro particle layers 29-1 and 29-2 are formed by two-dimensionally arranging the islands 28-1 and 28-2 at periodic intervals corresponding to the red wavelength). However, the combination fails to explicitly teach wherein, in the plasmon filter, a pitch of the pattern is corrected according to a position at which the red pixel is disposed.
However, Toda teaches wherein, in the plasmon filter (10), a pitch of the pattern is corrected according to a position at which the red pixel is disposed (see figures 14-17; and see ¶¶139-143).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Iwasaki and Yokogawa to incorporate the teachings of Toda to change the period of the plasmon filter because [i]n this manner, pupil correction is performed such that the period S of the holes 12 decreases in a region with a higher imaging height in which the angle of incidence θ of the chief ray increases in the present embodiment. Accordingly, it is possible to acquire image data with accurately split light without depending on an imaging height (Toda, ¶144) (see ¶145 for additional details).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Iwasaki (USPGPub 20130032914 A1) in view of Yokogawa (USPGPub 20120061553 A1) as applied to claim 1 above, and further in view of Yokogawa (USPGPub 20120061553 A1) (second embodiment).
Regarding claim 4, Iwasaki as modified by Yokogawa teaches the plasmon filter (Yokogawa 24) (Yokogawa, see figure 4, conductor structure layer (plasmon resonator layer) 24). However, the combination fails to explicitly teach wherein the plasmon filter has a hole-array structure in which a plurality of holes is provided in a metal thin film in the pattern.
However, Yokogawa (second embodiment) teaches wherein the plasmon filter (14) has a hole-array structure in which a plurality of holes (18) is provided in a metal thin film (17) in the pattern (¶27, as the conductor structure layer 14, a hole array structure formed by inverting an island array structure, i.e., a structure in which holes are arranged in a thin film made of a conductor material may be employed).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Iwasaki and Yokogawa to incorporate the teachings of Yokogawa (second embodiment) to provide a plasmon filter having holes in a conductor instead of islands as it is merely an equivalent known for the same purpose (MPEP 2144.06 II).
Allowable Subject Matter
Claim 3 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Regarding claim 3, the prior art of record individually or combined fails to teach the solid-state imaging element according to claims 2 and 1 as claimed, wherein the plasmon filter in the red pixel disposed at a central portion of the solid-state imaging element is configured in the pattern of a reference pitch that excites light in a red wavelength region, and more specifically in combination with the plasmon filter in the red pixel disposed at a peripheral portion of the solid-state imaging element is configured in the pattern of a corrected pitch corrected to be wider than the reference pitch according to an angle at which light is obliquely incident on the red pixel.
Claims 8-9 are 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.
Regarding claim 8, the prior art of record individually or combined fails to teach the solid-state imaging element according to claim 1 as claimed, more specifically in combination with wherein an uneven surface in which recesses and projections are repeatedly arranged is provided on a boundary surface between a sealing glass that seals a sensor surface of the solid-state imaging element and an infrared cut filter stacked on a surface of the sealing glass.
Claim 9 is objected to for its dependency on claim 8.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIN R GARBER whose telephone number is (571)272-4663. The examiner can normally be reached M-F 0730-1730.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Georgia Y Epps can be reached at (571)272-2328. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ERIN R GARBER/Examiner, Art Unit 2878