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 .
Claim Amendments
Acknowledgment of receiving amendments to the claims, which were received by the Office on 03/27/2026.
Response to Arguments
Applicant's arguments filed 03/27/2026 have been fully considered but they are not persuasive.
In that remarks, applicant argues in substance:
Applicant argues: “Claims 1-19 are pending in this application. By this Amendment, the specification is amended to update the status of the parent application and claims 1-19 are amended. The claim amendments are supported, for example, by Figs. 1-7 and paragraphs [0010]-[0062] of Applicant's as-filed application. No new matter is added.”
Examiner’s Response: Examiner respectfully disagrees. No support is seen for the claim amendments of:
“a first microlens in which light is incident;
a second microlens in which light is incident, the second microlens being arranged next to the first microlens in a column direction;
a first filter in which light from the first microlens is incident, the first filter having a first spectral characteristic;
a second filter in which light from the first microlens is incident. the second filter having a second spectral characteristic that is different from the first spectral characteristic;
a third filter in which light from the second microlens is incident the third filter having the first spectral characteristic;
a fourth filter in which light from the second microlens is incident the fourth filter having a third spectral characteristic that is different from the first spectral characteristic and the second spectral characteristic;
a first photoelectric converting section that converts light from the first filter into charge;
a second photoelectric converting section that converts light from the first second filter into charge, the second photoelectric converting section being arranged next to the first photoelectric converting section in a row direction;
a third photoelectric converting section that converts light from the-second third filter into charge, the third photoelectric converting section being arranged next to the first photoelectric converting section in the column direction;
a fourth photoelectric converting section that converts light into charge, the fourth photoelectric converting section being arranged next to the second photoelectric converting section in the column direction;”
No interpretation of the claim language is seen to be disclosed in the drawings and specification. See full rejection below.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the limitations “a first microlens in which light is incident; a second microlens in which light is incident, the second microlens being arranged next to the first microlens in a column direction; a first filter in which light from the first microlens is incident, the first filter having a first spectral characteristic; a second filter in which light from the first microlens is incident. the second filter having a second spectral characteristic that is different from the first spectral characteristic; a third filter in which light from the second microlens is incident the third filter having the first spectral characteristic; a fourth filter in which light from the second microlens is incident the fourth filter having a third spectral characteristic that is different from the first spectral characteristic and the second spectral characteristic; a first photoelectric converting section that converts light from the first filter into charge; a second photoelectric converting section that converts light from the first second filter into charge, the second photoelectric converting section being arranged next to the first photoelectric converting section in a row direction; a third photoelectric converting section that converts light from the-second third filter into charge, the third photoelectric converting section being arranged next to the first photoelectric converting section in the column direction; a fourth photoelectric converting section that converts light into charge, the fourth photoelectric converting section being arranged next to the second photoelectric converting section in the column direction;” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. No interpretation of the claim language is seen to be disclosed in the drawings.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-19 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 recites “a first microlens in which light is incident;
a second microlens in which light is incident, the second microlens being arranged next to the first microlens in a column direction;
a first filter in which light from the first microlens is incident, the first filter having a first spectral characteristic;
a second filter in which light from the first microlens is incident. the second filter having a second spectral characteristic that is different from the first spectral characteristic;
a third filter in which light from the second microlens is incident the third filter having the first spectral characteristic;
a fourth filter in which light from the second microlens is incident the fourth filter having a third spectral characteristic that is different from the first spectral characteristic and the second spectral characteristic;
a first photoelectric converting section that converts light from the first filter into charge;
a second photoelectric converting section that converts light from the first second filter into charge, the second photoelectric converting section being arranged next to the first photoelectric converting section in a row direction;
a third photoelectric converting section that converts light from the-second third filter into charge, the third photoelectric converting section being arranged next to the first photoelectric converting section in the column direction;
a fourth photoelectric converting section that converts light into charge, the fourth photoelectric converting section being arranged next to the second photoelectric converting section in the column direction;”
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However, no interpretation of the claim language is seen to be disclosed in the drawings and specification.
A first example of a first microlens and a second microlens in a column direction is shown above. Claim language requires a 1st PD (photoelectric converting section) and a 3rd PD to be arranged in the column direction and have the same filter spectral characteristic. The 1st PD having the first filter in the 1st microlens and the 3rd PD having the third filter in the 2nd microlens. Claim language also requires the 2nd PD (with a second filter spectral characteristic) to be next to the 1st PD in the row direction. The 2nd PD having the second filter in the 1st microlens.
Claim language requires “a fourth filter in which light from the second microlens is incident the fourth filter having a third spectral characteristic that is different from the first spectral characteristic and the second spectral characteristic;” and “a fourth photoelectric converting section that converts light into charge, the fourth photoelectric converting section being arranged next to the second photoelectric converting section in the column direction;”
However, as seen in the first example, the “R” PD next to the 2nd PD in the column direction is does not have a third spectral characteristic. The “G” PD next to the 2nd PD in the column direction does not have a third spectral characteristic and is not in the 2nd microlens.
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A second example of a first microlens and a second microlens in a column direction is shown above. Claim language requires a 1st PD (photoelectric converting section) and a 3rd PD to be arranged in the column direction and have the same filter spectral characteristic. The 1st PD having the first filter in the 1st microlens and the 3rd PD having the third filter in the 2nd microlens. Claim language also requires the 2nd PD (with a second filter spectral characteristic) to be next to the 1st PD in the row direction. The 2nd PD having the second filter in the 1st microlens.
Claim language requires “a fourth filter in which light from the second microlens is incident the fourth filter having a third spectral characteristic that is different from the first spectral characteristic and the second spectral characteristic;” and “a fourth photoelectric converting section that converts light into charge, the fourth photoelectric converting section being arranged next to the second photoelectric converting section in the column direction;”
However, as seen in the second example, the “R” PD next to the 2nd PD in the column direction is not in the 2nd microlens. The “G” PD next to the 2nd PD in the column direction does not have a third spectral characteristic.
Other interpretations of a different PD as the first photoelectric converting section lead to similar issues as the provided examples. Applicant’s specification and drawings are not seen to describe the claimed subject matter of the amendments. Therefore, claim 1 is rejected as failing to comply with the written description requirement
Claims 2-19 are rejected as being dependent on claim 1.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. 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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WESLEY JASON CHIU whose telephone number is (571)270-1312. The examiner can normally be reached Mon-Fri: 8am-4pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Twyler Haskins can be reached at (571) 272-7406. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WESLEY J CHIU/ Examiner, Art Unit 2639
/TWYLER L HASKINS/ Supervisory Patent Examiner, Art Unit 2639
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