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 .
Election/Restrictions
Applicant’s election without traverse of species IV corresponding to figures 9-10 and claims 1, 3-16 and 18-19 in the reply filed on 11/14/2025 is acknowledged.
Claims 2, 17 and 20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim.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 11/14/2025.
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 5/31/2024 and 9/13/2024 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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “sampling and holding unit” in claims 1, 5, 16 and 18.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claims 3-4 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.
Claim 3 recites the limitation "the sampling and holding circuit" in line 2. There is insufficient antecedent basis for this limitation in the claim. In addition, claim 4 is dependent on claim 3 and lacks antecedent basis for the same reasons.
Allowable Subject Matter
Claims 1, 5-16 and 18-19 are allowed.
The following is an examiner’s statement of reasons for allowance:
Re claims 1, 5-16 and 19, the prior art fails to teach or suggest a photoelectric conversion apparatus having the specific configurations disclosed in claims 1, 5-16 and 19, wherein the photoelectric conversion apparatus comprises: a pixel including a photoelectric conversion element, and configured to output two signals having different amplitudes based on incident light to the photoelectric conversion element; a sampling and holding unit configured to sample and hold each of the two signals output from the pixel; and an oversampling analog-to-digital conversion circuit configured to sequentially perform analog-to-digital conversion of each of the sampled and held signals, wherein a period for performing analog-to-digital conversion of a signal having a smaller amplitude among the two signals is set shorter than a period for performing analog-to-digital conversion of a signal having a larger amplitude among the two signals. The prior art fails to specifically disclose a photoelectric conversion apparatus including a pixel configured to output two signals having different amplitudes, a sampling and holding unit configured to sample and hold each of the two signals, an oversampling analog to digital conversion circuit configured to sequentially perform analog to digital conversion of each of the sampled and held signals wherein a period for performing conversion of a signal having a smaller amplitude is set shorter than a period for performing conversion of a signal having a larger amplitude arranged in the exact configuration disclosed in the claims and specification.
Re claim 18, claim 18 discloses a substrate that is stacked on a substrate arranged with a pixel including a photoelectric conversion element and configured to output two signals having different amplitudes and includes limitations nearly identical to the limitations disclosed in claim 1 above and therefore the reasons for allowance provided above regarding claim 1 are also applicable to claim 18.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Itano et al. US 9,438,828 discloses a photoelectric conversion apparatus including a plurality of adding up or averaging modes for image readout.
Nakamura US 2021/0274119 discloses a photoelectric conversion apparatus including an analog to digital converter wherein conversion periods for analog to digital conversion to be performed on multiple signals have different lengths.
Murakami et al. US 7,777,170 discloses a solid-state imaging device including a reference signal generation unit that changes for a predetermined period.
Zhan US 2022/0247943 discloses an image sensor with in-pixel background subtraction and an array of sample and hold circuits.
Kobayashi et al. US 2017/0339365 discloses an image pickup apparatus including variable sample and hold and analog to digital conversion periods.
Kobayashi et al. US 12,538,050 discloses a photoelectric conversion apparatus including an analog to digital converter having different periods set to perform analog to digital conversion.
Contacts
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kelly L. Jerabek whose telephone number is (571) 272-7312. The examiner can normally be reached on Monday - Friday (8:00 AM - 5:00 PM).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, George Eng can be reached at (571) 272-7495. The fax phone number for submitting all Official communications is (571) 273-7300. The fax phone number for submitting informal communications such as drafts, proposed amendments, etc., may be faxed directly to the Examiner at (571) 273-7312.
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/KELLY L JERABEK/Primary Examiner, Art Unit 2699