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 17 January 2024 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
Claims 4 and 7 are objected to because of the following informalities:
Claim 4: “the photoelectric conversion units” in line 4 should be “the plurality of photoelectric conversion units” for further clarity and continuity in the claim language.
Claim 7: “the color splitters” in line 3 should be “the plurality of color splitters” and “same one of the photoelectric conversion units” in lines 4-5 should be “a same one of the plurality of photoelectric conversion units” for further clarity and continuity in the claim language.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
Claims 2-3 are 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 2, “the color splitter” in line 3 is unclear as a plurality of color splitters have been mentioned previously. To which color splitter of the plurality of color splitters is this limitation referring? In light of the specification, the Examiner is interpreting this limitation to be referring to the plurality of color splitters as opposed to just one of the color splitters.
Regarding claim 3, “the color splitter” in lines 2-3 is unclear as a plurality of color splitters have been mentioned previously. To which color splitter of the plurality of color splitters is this limitation referring? In light of the specification, the Examiner is interpreting this limitation to be referring to the plurality of color splitters as opposed to just one of the color splitters.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 4, and 8-9 are rejected under 35 U.S.C. 102(a)(1 and (a)(2) as being anticipated by Mogi (JP 2012156194 A).
Regarding claim 1, Mogi teaches a solid-state imaging element comprising: a plurality of photoelectric conversion units (1) disposed side by side in a matrix form in a semiconductor layer (see figures 1 and 2, light-receiving sections 1 arranged in an array; and ¶44, the solid-state image sensor of this embodiment consists of a photodiode formed in a semiconductor layer, a light-receiving unit 1 in which photoelectric conversion is performed); an on-chip lens (6) disposed further on a light incident side than the semiconductor layer to be shared by the plurality of photoelectric conversion units (1) (see figure 1, microlens 6); a prism portion (10) disposed between the on-chip lens (6) and the plurality of photoelectric conversion units (1) (see figure 1, upper layer dichroic prism 10 (i.e. prism portion) disposed between light-receiving sections 1 and microlens 6); and a plurality of color splitters (21/22) disposed between the prism portion (10) and the plurality of photoelectric conversion units (1) (see figure 1, lower second layer dichroic prism 20 having dichroic prisms 21 and 22 (i.e. color splitters) disposed between prism portion 10 and light-receiving sections 1; ¶33, The transmitted green G and blue B light are guided to the respective colored light-receiving sections 1(G) and 1(B) by the second layer dichroic prism 20 (21, 22) below, where the green G light is transmitted and the blue B light is reflected; and see remainder of ¶33 for further details).
Regarding claim 4, Mogi teaches the solid-state imaging element according to claim 1, wherein light in a same wavelength region is made incident on a part of the photoelectric conversion units (1), and the plurality of photoelectric conversion units (1) on which the light in the same wavelength region is made incident are disposed side by side along a given direction (see figure 2, array of color pixels arranged with same colors disposed side by side).
Regarding claim 8, Mogi teaches a solid-state imaging element comprising: a plurality of photoelectric conversion units (1) disposed side by side in a matrix form in a semiconductor layer (see figures 1 and 2, light-receiving sections 1 arranged in an array; and ¶44, the solid-state image sensor of this embodiment consists of a photodiode formed in a semiconductor layer, a light-receiving unit 1 in which photoelectric conversion is performed); and an on-chip lens (6) disposed further on a light incident side than the semiconductor layer to be shared by the plurality of photoelectric conversion units (1) (see figure 1, microlens 6), wherein the plurality of photoelectric conversion units (1) sharing one on-chip lens (6) respectively receive light in five or more different wavelength regions (see figure 1, microlens 6 overlapping red, blue, and green pixels, all of which contain a plurality of wavelength regions within the following ranges: blue (420nm-495nm), green (495nm-570nm), and red (620nm-750nm)).
Regarding claim 9, Mogi teaches electronic equipment comprising: a solid-state imaging element (¶1, The present invention relates to a solid-state image sensor); an optical system (502) that captures incident light from a subject and forms an image on an imaging surface of the solid-state imaging element (501) (see figure 15; and ¶92, Prior to the imaging unit 501, there is an imaging optical system 502 that focuses incident light to form an image); and a signal processing circuit (503) that performs processing on an output signal from the solid-state imaging element (501) (¶92, a signal processing unit 503 is connected downstream of the imaging unit 501, which includes a drive circuit for driving the imaging unit 501 and a signal processing circuit for processing the signal converted photoelectrically by the solid-state image sensor into an image), wherein the solid-state imaging element (501) includes: a plurality of photoelectric conversion units (1) disposed side by side in a matrix form in a semiconductor layer (see figures 1 and 2, light-receiving sections 1 arranged in an array; and ¶44, the solid-state image sensor of this embodiment consists of a photodiode formed in a semiconductor layer, a light-receiving unit 1 in which photoelectric conversion is performed); an on-chip lens (6) disposed further on a light incident side than the semiconductor layer to be shared by the plurality of photoelectric conversion units (1) (see figure 1, microlens 6); a prism portion (10) disposed between the on-chip lens (6) and the plurality of photoelectric conversion units (1) (see figure 1, upper layer dichroic prism 10 (i.e. prism portion) disposed between light-receiving sections 1 and microlens 6); and a plurality of color splitters (21/22) disposed between the prism portion (10) and the plurality of photoelectric conversion units (1) (see figure 1, lower second layer dichroic prism 20 having dichroic prisms 21 and 22 (i.e. color splitters) disposed between prism portion 10 and light-receiving sections 1; ¶33, The transmitted green G and blue B light are guided to the respective colored light-receiving sections 1(G) and 1(B) by the second layer dichroic prism 20 (21, 22) below, where the green G light is transmitted and the blue B light is reflected; and see remainder of ¶33 for further details).
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.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Mogi (JP 2012156194 A) in view of Delga et al. (USPGPub 20210288095 A1).
Regarding claim 2, Mogi teaches the color splitter (21/22) (see figure 1). However, Mogi fails to explicitly teach wherein the color splitter has a meta-surface structure.
However, Delga teaches wherein the color splitter has a meta-surface structure (¶61, The meta-surface is also configured so that the first beam FL1 and the second beam FL2 are focused on different pixels of the detector, it spatially splits the two wavelengths λ1, λ2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Mogi to incorporate the teachings of Delga to have the color splitters configured as a meta-surface structure as meta-surfaces are a common device for splitting colors/wavelengths (see MPEP 2144.06 II).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Mogi (JP 2012156194 A) in view of Park et al. (USPGPub 20150365640 A1).
Regarding claim 3, Mogi teaches the color splitter (21/22) and the plurality of photoelectric conversion units (1) (see figure 1). However, Mogi fails to explicitly teach another color splitter disposed between the color splitter and the plurality of photoelectric conversion units.
However, Park teaches another color splitter (130b) disposed between the color splitter (130a) and the plurality of photoelectric conversion units (111) (see figure 5A, color separation element 130 comprising two stacked elements 130a and 130b, element 130b disposed between first element 130a and light sensing layer 111).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Mogi to incorporate the teachings of Park to provide an additional layer of color splitters in order to account for changing chief ray angles, thereby increasing clarity of the resulting image.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Mogi (JP 2012156194 A) in view of Kuo et al. (U.S. Patent No. 12408457 B2).
Regarding claim 6, Mogi teaches the on-chip lens (6), the prism portion (10), and the plurality of photoelectric conversion units (1) (see figure 1). However, Mogi fails to explicitly teach a plurality of microlenses disposed between the prism portion and the plurality of photoelectric conversion units.
However, Kuo teaches a plurality of microlenses (120) disposed between the prism portion (130/140) and the plurality of photoelectric conversion units (105) (see figure 3, micro lenses 120 arranged between optical layers 130/140 (i.e. prism) and photoelectric conversion layer 105).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Mogi to incorporate the teachings of Kuo to further provide an additional microlens below the prism element in order to further focus light onto the sensing elements, thereby strengthening the detected signal.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Mogi (JP 2012156194 A) in view of Hiramoto et al. (USPGPub 20140168485 A1).
Regarding claim 7, Mogi teaches the color splitters (21/22) and the plurality of photoelectric conversion units (1) (see figure 1). However, Mogi fails to explicitly teach wherein a pair of the color splitters adjacent to each other makes light in a same wavelength region incident on same one of the photoelectric conversion units.
However, Hiramoto teaches wherein a pair of the color splitters (1a/1b) adjacent to each other makes light in a same wavelength region incident on same one of the photoelectric conversion units (2a/2b) (see figure 6(b), dispersing elements 1a and 1b dispersing red light to the red cell 2a and dispersing cyan light to the cyan cell 2b; and see ¶81 for further details).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Mogi to incorporate the teachings of Hiramoto to have the light splitters split light towards the same photodiodes in order to increase the detected signal for specific light bands, thereby improving the detected image.
Allowable Subject Matter
Claim 5 is 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 5, the prior art of record individually or combined fails to teach the solid-state imaging element according to claims 4 and 1 as claimed, more specifically in combination with wherein the on-chip lens has a cylinder lens structure having an axial direction in a same direction as the given direction.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Tokuhashi (USPGPub 20150319413 A1): Tokuhashi teaches a cylindrical lens the covers a plurality of adjacent pixels (see figure 5). However, Tokuhashi fails to teach wherein the axial direction is in the direction in which two adjacent pixels of the same color are arranged.
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
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