DETAILED ACTION
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Cross-Reference to Related Applications
2. This application is a 371 of PCT/JP2022/008988 03/02/2022.
Preliminary amendment
3. Preliminary amendment filed on 10/06/2023 has been acknowledged and considered.
In the Preliminary amendment, the applicants have been amended the abstract, the specification and claims 1-23.
Claims 1-23 are currently pending in the application.
Oath/Declaration
4. The oath/declaration filed on 10/06/2023 is acceptable.
The oath/declaration is not in the record and as required under 371 CFR 1.63(d).
Priority
5. Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Information Disclosure Statement
6. The office acknowledges receipt of the following items from the applicant:
Information Disclosure Statement (IDS) filed on 10/06/2023, 10/12/2023, 11/14/2024 and 11/06/2025.
Specification
6. The specification is objected to for the following reason: 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 (see MPEP 606.01).
Claim Rejections - 35 USC § 102
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.
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 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.
7. Claims 1-3 and 5-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by MLINAR M (WO-2017048425-A1).
Regarding claim 1, MLINAR M discloses an imaging device, comprising:
a pixel array unit (20) that includes a plurality of pixels (22) arranged in matrix arrangement (Fig. 1),
wherein a separation portion (206) that separates a pixel (22, nested sub-pixels 200 in a pixel 22 of array 20) with a separation surface (206) to acquire a phase difference is provided at an angle different from 0 degrees with respect to a column direction (vertical direction) in the arrangement in at least some of the plurality of pixels (22) (Fig. 2C and English Text).
Regarding claim 2, MLINAR M discloses wherein in the separation portion (206), the separation surface is provided at an angle different from 0 degrees with respect to a column in the arrangement in a pixel positioned in a direction different from 0 degrees with respect to a row in the arrangement from an optical axis position of incident light (212) in the pixel array unit (20) (Fig. 2C and English Text).
Regarding claim 3, MLINAR M discloses wherein in the separation portion (206), the separation surface is provided toward the optical axis position at an angle of larger than 0 degrees and smaller than 90 degrees with respect to a column in the arrangement (Fig. 2C and English Text).
Regarding claim 5, MLINAR M discloses wherein in the separation portion (206), the separation surface is provided at an angle different from 0 degrees with respect to a column in the arrangement in a pixel (22) positioned in the column direction in the arrangement from the optical axis position (Fig. 2C and English Text).
Regarding claim 6, MLINAR M discloses wherein in the separation portion (206), the separation surface is provided toward the optical axis position at an angle of larger than 0 degrees and equal to or smaller than 90 degrees with respect to a column in the arrangement (Fig. 2C and English Text).
Regarding claim 7, MLINAR M discloses wherein the separation portion (206) is provided at the angle corresponding to a distance from the optical axis position to the pixel (22) (Fig. 2C and English Text).
Regarding claim 8, MLINAR M discloses wherein in the separation portion (206), the separation surface is provided toward an optical axis position of incident light (212) in the pixel array unit (20) at a uniform angle of larger than 0 degrees and smaller than 90 degrees with respect to a column in the arrangement (Fig. 2C and English Text).
Claim Rejections - 35 USC § 103
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 of this title, 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.
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 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.
8. Claims 4 and 18-19 are rejected under 35 U.S.C. 103(a) as being unpatentable over MLINAR M in view of SHIM et al., hereafter “SHIM” (U.S. Publication No. 2020/0235148 A1).
Regarding claim 4, MLINAR M discloses the features of the claimed invention as discussed above, but does not disclose wherein in the separation portion, an angle formed by the separation surface and a direction from the optical axis position is approximately 90 degrees.
SHIM, however, discloses in the separation portion (DTI1/DTI2), an angle formed by the separation surface and a direction from the optical axis position is approximately 90 degrees (Fig. 2A and para [0044]).
It would have been obvious to one having ordinary skilled in the art before the effective filing date of the claimed invention to modify the teaching of MLINAR M to provide wherein in the separation portion, an angle formed by the separation surface and a direction from the optical axis position is approximately 90 degrees as taught by SHIM for a purpose of increasing the distance from the optical axis as the angle of the separation portion increases.
Regarding claim 18, MLINAR M discloses the features of the claimed invention as discussed above, but does not disclose further comprising an optical filter provided on an incident surface of a semiconductor layer in each of the plurality of pixels, wherein the separation portion is provided according to a characteristic of the optical filter.
SHIM, however, discloses further comprising an optical filter (CF) provided on an incident surface of a semiconductor layer (100) in each of the plurality of pixels (PX), wherein the separation portion (DTI1/DTI2) is provided according to a characteristic of the optical filter (CF) (Fig. 2B and para [0037]).
It would have been obvious to one having ordinary skilled in the art before the effective filing date of the claimed invention to modify the teaching of MLINAR M to provide further comprising an optical filter provided on an incident surface of a semiconductor layer in each of the plurality of pixels, wherein the separation portion is provided according to a characteristic of the optical filter as taught by SHIM for a purpose of improving the transmissivity at the semiconductor layer region.
Regarding claim 19, MLINAR M discloses the features of the claimed invention as discussed above, but does not disclose wherein the separation portion is provided at the angle corresponding to the characteristic of the optical filter.
SHIM, however, discloses wherein the separation portion (DTI1/DTI2) is provided at the angle corresponding to the characteristic of the optical filter (CF) (Fig. 2B).
It would have been obvious to one having ordinary skilled in the art before the effective filing date of the claimed invention to modify the teaching of MLINAR M to provide wherein the separation portion is provided at the angle corresponding to the characteristic of the optical filter as taught by SHIM for a purpose of improving the light sensitivity of the imaging device.
9. Claim 22 is rejected under 35 U.S.C. 103(a) as being unpatentable over MLINAR M in view of SATO N (WO-2019069556-A).
Regarding claim 22, MLINAR M discloses the features of the claimed invention as discussed above, but does not disclose wherein each of the plurality of pixels is a back-illuminated pixel
SATO M, however, discloses wherein each of the plurality of pixels (20) is a back-illuminated pixel (Figs. 2-3 and English Text).
It would have been obvious to one having ordinary skilled in the art before the effective filing date of the claimed invention to modify the teaching of MLINAR M to provide wherein each of the plurality of pixels is a back-illuminated pixel as taught by SATO M for a purpose of improving the sensitive of the pixels for the imaging device.
10. Claim 23 is rejected under 35 U.S.C. 103(a) as being unpatentable over MLINAR M (WO-2017048425-A1) in view of NOMURA H (CN-104253136-A)
Regarding claim 23, MILNAR M discloses an electronic apparatus, comprising:
a pixel array unit (20) that includes a plurality of pixels (22) arranged in matrix arrangement (Fig. 1),
wherein a separation portion (206) that separates a pixel (22, nested sub-pixels 200 in a pixel 22 of array 20) with a separation surface (206) to acquire a phase difference is provided at an angle different from 0 degrees with respect to a column direction (vertical direction) in the arrangement in at least some of the plurality of pixels (22) (Fig. 2C and English Text).
MLINAR M discloses the features of the claimed invention as discussed above, but does not disclose a drive unit that drives the plurality of pixels; and a storage unit that stores image data based on pixel signals output from the plurality of pixels driven by the drive unit.
NOMURA H, however, discloses a drive unit (13) that drives the plurality of pixels (21); and a storage unit (14) that stores image data based on pixel signals output from the plurality of pixels driven by the drive unit (13) (Fig. 1 and English Text).
It would have been obvious to one having ordinary skilled in the art before the effective filing date of the claimed invention to modify the teaching of MLINAR M to provide a drive unit that drives the plurality of pixels; and a storage unit that stores image data based on pixel signals output from the plurality of pixels driven by the drive unit as taught by NOMURA H for a purpose of maintaining the brightness uniformity and stability1 for the imaging device.
Allowable Subject Matter
11. The following is a statement of reason for the indication of allowable subject matter:
Claims 9-17 and 20-21 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.
Cited Prior Arts
12. The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure.
OOTANI N (WO-2020209107-A1) discloses an imaging device, comprising:
a pixel array unit (3) that includes a plurality of pixels (22) arranged in matrix arrangement (Fig. 1),
wherein a separation portion (54) that separates a pixel (2a) (Fig. 2 and English Text).
Conclusion
13. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Phuc T. Dang whose telephone number is 571-272-1776. The examiner can normally be reached on 8:00 am-5:00 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Jacob Choi can be reached on 469-295-9060. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PHUC T DANG/Primary Examiner, Art Unit 2897