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 papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Claim Amendments
Acknowledgment of receiving amendments to the claims, which were received by the Office on 06/05/2026.
Response to Arguments
Applicant’s arguments with respect to claims 1 and 8-11 have been considered but are moot because the arguments do not apply to the same combination of references being used in the current rejection. Applicant’s arguments are directed solely to the claimed invention as amended 06/05/2026, which has been rejected under new ground of rejection necessitated by amendment. See rejection below for full detail.
Election/Restrictions
Claim 11 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12/13/2025.
Examiner notes: Claim 9 recites “each primary color filter portion has a transmittance for the corresponding primary color that is higher than transmittances for the other two primary colors, and the transmittances for the other two primary colors are non-zero”. However, claim 1 has been amended to recite “the primary color filter portion and the high sensitivity filter portion of each of the multiple color individual color filters are both arranged over the same respective one of the photoelectric conversion elements”.
Applicant’s Figures 29 and 33 use primary color filter portion in which a transmittance for the corresponding primary color that is higher than transmittances for the other two primary colors, and the transmittances for the other two primary colors are non-zero. In Figures 29 and 33, the color filter 2303R, 2303B and 2303G use the solid lines of Figures 30-32 in which the transmittances for the other two primary colors are non-zero.
Figures 29 and 33 do not have the primary color filter portion and the high sensitivity filter portion of each of the multiple color individual color filters are both arranged over the same respective one of the photoelectric conversion elements.
In Applicant’s Elected Species III of Figure 35, the primary type individual color filter 4303R/4303B/4303G use the broken lines of Figures 30-32 in which the transmittances for the other two primary colors appear to be 0. However, Applicant’s Specification (US 20240283899 A1) states:
[0171] Further, a wavelength of green light is around 540 nm. A wavelength of blue light is around 400 nm. The general red filter illustrated by the broken line in the graph for comparison almost never allows light of the other primary colors to permeate. By contrast, the red individual color filter 2303R transmits light of primary colors other than the red color even though a transmittance thereof is not as much as red. Specifically, as shown in FIG. 30 as an example, the red individual color filter 2303R has a transmittance of about 30% for other primary colors.
[0187] The red sub-primary color filter section 3304R constitutes a set with the red type individual color filter 2303R. The green sub-primary color filter section 3304G also constitutes a set together with the green type individual color filter 2303G. The blue sub-primary color filter section 3304B similarly constitutes a set together with the blue type individual color filter 2303B. Thus, a single individual color filter includes the set of the primary color type individual color filter 2303 and the sub-primary color filter section 3304.
[0188] The sub-primary color filter section 3304 has a lower transmittance of a primary color other than a corresponding primary color than the primary color type individual color filter 2303. An example of a relation between a wavelength and a transmittance of the sub-primary color filter section 3304 can be the same as the general primary color filter illustrated by broken lines in any one of FIGS. 30, 31 and 32.
[0199] Further, the red type individual color filter 4303R includes a red filter section 4304R as a primary color filter section 4304. Also, the green type individual color filter 4303G includes a green filter section 4304G as a primary color filter section 4304. The blue type individual color filter 4303B also includes a blue filter section 4304B as a primary color filter section 4304. Here, characteristics of the red filter section 4304R are substantially the same as that of the red sub-primary color filter section 3304R. Similarly, characteristics of the green filter section 4304G are substantially the same as that of the green sub-primary color filter section 3304G. Also, characteristics of the blue filter section 4304B are substantially the same as that of the blue sub-primary color filter section 3304B.
Claims 9 and 10 are not withdrawn since applicant’s specification does not state the transmittances for the other two primary colors are zero for Applicant’s Elected Species III of Figure 35.
Specification
The disclosure is objected to because of the following informalities:
Applicant’s Specification Page 57, line 29- Page 58, line 2 recites:
“Further, each primary color type individual color filter 4303 includes a primary color filter section 4304 and a clear filter section 4305. Specifically, in this embodiment, the primary color type individual color filter 4303 is formed in a square shape and is divided into two quarters in a rectangular shape such that one quarter is a primary color filter section 4304 and the other quarter is a clear filter section 4305.”
However, as seen in Applicant’s Figure 35, a primary color type individual color filter 4303 is formed in a square shape and is divided into two halves.
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 10 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 pre-AIA the applicant regards as the invention.
The term "substantially" in claim 10 is a relative term which renders the claim indefinite. The term “substantially " is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
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.
Claim(s) 1 and 8-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ozawa (US 2020/0343286 A1).
Regarding claim 1, Ozawa teaches an image sensor (Ozawa, Fig. 1, imaging element 100) comprising:
multiple photoelectric conversion elements corresponding to multiple pixels (Ozawa, Fig. 1, photoelectric conversion sections 40, Paragraph 0088); and
multiple color individual color filters, each arranged over a respective one of the multiple photoelectric conversion elements (Ozawa, Fig. 1, Color Filter 60 and near-infrared absorption filters 50, Paragraphs 0080, A color individual color filter is considered to be a primary color filter 60 and the near-infrared absorption filters 50 beneath it.),
wherein
each of the multiple color individual color filters includes:
a primary color filter portion generating a corresponding primary color (Ozawa, Fig. 1, Color Filter 60); and
a high sensitivity filter portion more sensitive than the primary color filter portion (Ozawa, Figs. 1 and 6, NIR Absorption Filter 50, Paragraphs 0086 and 0099); and
wherein
the primary color filter portion and the high sensitivity filter portion of each of the multiple color individual color filters are both arranged over the same respective one of the photoelectric conversion elements (Ozawa, Fig. 1, The primary color filter 60 and the near-infrared absorption filters 50 are both provided on top of one respective photoelectric conversion element.).
Regarding claim 8, Ozawa teaches the image sensor according to Claim 1 (see claim 1 analysis), wherein
each of the multiple color individual color filters includes a primary-color-based filter region divided into two equal regions, and the primary color filter portion and the high sensitivity filter portion are arranged in the respective two equal regions (Ozawa, Fig. 1, Paragraph 0098, “Further, it is preferable from the viewpoint of manufacture that the thickness of the near-infrared absorption filters be substantially equal to the thickness of the color filters 60.“, A primary-color-based filter region is volume of a primary color filter 60 and a near-infrared absorption filters 50 stacked over a single photodiode. The primary-color-based filter region is divided into two equal regions since the thickness of the primary color filter 60 and the near-infrared absorption filters 50 are equal.).
Regarding claim 9, Ozawa teaches the image sensor according to Claim 1 (see claim 1 analysis), wherein
each primary color filter portion has a transmittance for the corresponding primary color that is higher than transmittances for the other two primary colors (Ozawa, Fig. 5, Paragraph 0093 and 0095), and
the transmittances for the other two primary colors are non-zero (Ozawa, Fig. 5).
Regarding claim 10, Ozawa teaches the image sensor according to Claim 1 (see claim 1 analysis), wherein
the transmittances for the other two primary colors are substantially equal to each other (Ozawa, Fig. 5).
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, 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.
Claim(s) 1 and 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Davidovici (US 2007/0127040 A1) in view of Ozawa (US 2020/0343286 A1).
Regarding claim 1, Davidovici teaches an image sensor (Davidovici, Figs. 2-4) comprising:
multiple pixels (Davidovici, Fig. 4, Paragraph 0027-0029); and
multiple color individual color filters, each arranged over a respective one of the multiple pixels (Davidovici, Figs. 2-4, Paragraph 0023 and 0027-0029),
wherein
each of the multiple color individual color filters (Davidovici, Fig. 2, Paragraph 0023) includes:
a primary color filter portion generating a corresponding primary color (Davidovici, Fig. 2, Paragraph 0023, Any of R, G or B.); and
a high sensitivity filter portion more sensitive than the primary color filter portion (Davidovici, Fig. 2, Paragraph 0023 “Other color combinations, such as… four color systems where the fourth color is a white”); and
wherein
the primary color filter portion and the high sensitivity filter portion of each of the multiple color individual color filters are both arranged over the same respective one of the pixels (Davidovici, Figs. 2-4, Paragraph 0023 and 0027-0029).
However, Davidovici does not explicitly state multiple photoelectric conversion elements corresponding to multiple pixels; the multiple color individual color filters, each arranged over a respective one of the multiple photoelectric conversion elements; and the primary color filter portion and the high sensitivity filter portion of each of the multiple color individual color filters are both arranged over the same respective one of the photoelectric conversion elements.
In reference to Ozawa teaches multiple photoelectric conversion elements corresponding to multiple pixels (Ozawa, Fig. 1, photoelectric conversion sections 40, Paragraph 0088); and
multiple color individual color filters, each arranged over a respective one of the multiple photoelectric conversion elements (Ozawa, Fig. 1, Color Filter 60, Paragraphs 0080), wherein
each of the multiple color individual color filters includes:
a primary color filter portion generating a corresponding primary color (Ozawa, Fig. 1, Color Filter 60); and
wherein
the primary color filter portion is arranged over the same respective one of the photoelectric conversion elements (Ozawa, Fig. 1, The primary color filter 60 is provided on top of one respective photoelectric conversion element.).
These arts are analogous since they are both related to imaging devices with color filters. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to modify the invention of Davidovici with the explicit teaching of multiple photoelectric conversion elements corresponding to multiple pixels as seen in Ozawa since it is a known construction of a pixel and would provide similar and expected results for converting light into an image signal. Further, the limitation “the primary color filter portion and the high sensitivity filter portion of each of the multiple color individual color filters are both arranged over the same respective one of the photoelectric conversion elements” would be met since the color filter for each Y pixel of Davidovici includes both the primary color filter portion and the high sensitivity filter portion.
Regarding claim 9, the combination of Davidovici and Ozawa teaches the image sensor according to Claim 1 (see claim 1 analysis). However, the combination of Davidovici and Ozawa does not explicitly state wherein each primary color filter portion has a transmittance for the corresponding primary color that is higher than transmittances for the other two primary colors, and the transmittances for the other two primary colors are non-zero.
In further reference to Ozawa, Ozawa teaches each primary color filter portion has a transmittance for the corresponding primary color that is higher than transmittances for the other two primary colors (Ozawa, Fig. 5, Paragraph 0093 and 0095), and
the transmittances for the other two primary colors are non-zero (Ozawa, Fig. 5).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to modify the combination of Davidovici and Ozawa with the color transmittances as seen in Ozawa since it is a known transmittance for primary color filters and would produce similar and expected results for filtering colors.
Regarding claim 10, the combination of Davidovici and Ozawa teaches the image sensor according to Claim 1 (see claim 1 analysis), wherein
the transmittances for the other two primary colors are substantially equal to each other (Ozawa, Fig. 5).
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.
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, 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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