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 .
DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 03/10/26 has been entered.
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.
Claims 1-10 and 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over Boescke et al. (DE 10,2016,109,694) and in view of Jiang et al. (Development of Visible Multi-Bandpass Filter Based on F-P Structure).
Addressing claim 1, Boescke discloses an optical sensor device, comprising:
a carrier substrate (see Fig. 1, housing 400 contain substrate circuitry);
a plurality of light sources disposed on the carrier substrate for generating light of a plurality of wavelengths (see Fig. 1; light emitters 110, 120, 130 and 140);
a photodiode sensor disposed on the carrier substrate and spaced apart from the light sources at a distance (see Fig. 1, 210);
a filter formed on a top surface of the photodiode sensor (see page 2, paragraph 5 and Fig. 1, 215; the filter on top or in front of the detector/sensor in order to filter out light that arrive at the detector).
Boescke does not disclose multi-passband filter having a multilayer structured coated. Cohen discloses multi-passband filter having a multilayer structured coated (see abstract and page 2, paragraph 3, filter with multiple layers of optical thin film of different materials; thin films of Ta2O5 and SiO2). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Boescke to have multi-passband filter having a multilayer structured coated as taught by Jiang because this allows user to allow detector to detect only a certain specific wavelength and achieving high-precision noise reduction processing (see abstract and page 2, paragraphs 1-2).
Addressing claims 2, 5-6, 9 and 12-14, Boescke discloses:
addressing claim 2, wherein the wavelengths comprise a first wavelength, a second wavelength and a third wavelength, and the first wavelength, the second wavelength and the third wavelength are different from each other and between 300-1000 nm (page 5, paragraphs 3-6).
addressing claim 5, wherein the first wavelength is 525 nm, the second wavelength is 660 nm, and the third wavelength is 850 nm (see page 5, paragraphs 3-6; Boescke does not disclose third wavelength to be 850 nm; however, third wavelength is infrared therefore the device is capable of having third wavelength between 700 to 1000 nm).
addressing claim 6, wherein the wavelengths comprise a first wavelength, a second wavelength, a third wavelength and a fourth wavelength, and the first wavelength, the second wavelength, the third wavelength and the fourth wavelength are different from each other and between 300-1000 nm (see page 3, paragraphs 4-5 and page 5, paragraphs 3-6; Boescke discloses first and fourth wavelength are similar; however, the device is capable of having the wavelength different from each other).
addressing claim 9, wherein the first wavelength is 525 nm, the second wavelength is 660 nm, the third wavelength is 850 nm, and the fourth wavelength is 940 nm (see page 5, paragraphs 3-6; the device is capable of having the first wavelength is 525 nm, the second wavelength is 660 nm, the third wavelength is 850 nm, and the fourth wavelength is 940 nm; this is just designer choice depend on application).
addressing claim 12, wherein the light sources are a plurality of light-emitting diodes (LEDs) (see page 4; paragraph 4).
addressing claim 13, wherein the optical sensor device is used in a wearable device (see page 1; the sensor device is capable of using in a wearable device).
addressing claim 14, wherein the optical sensor device is used in a handheld device (see page 1; the sensor device is capable of using in a handheld device).
Addressing claims 3-4, 7-8 and 10, Jiang discloses:
addressing claim 3, wherein the passbands comprise a first passband corresponding to the first wavelength, a second passband corresponding to the second wavelength, and a third passband corresponding to the third wavelength, light transmittance of each of the first passband, the second passband and the third passband is between 25% - 98%, and full width at half maximum (FWHM) of each of the first passband, the second passband and the third passband is between 30-80 nm (see abstract and page 2, paragraph 3; multi-passband filter is capable or design to have a first passband corresponding to the first wavelength, a second passband corresponding to the second wavelength, and a third passband corresponding to the third wavelength, light transmittance of each of the first passband, the second passband and the third passband is between 25% - 98%, and full width at half maximum (FWHM) of each of the first passband, the second passband and the third passband is between 30-80 nm).
addressing claim 4, wherein the third wavelength is greater than the second wavelength, and the second wavelength is greater than the first wavelength, and wherein the light transmittance of the third passband is at least 5% less than the light transmittance of the second passband, and the light transmittance of the second passband is at least 5% less than the light transmittance of the first passband (see abstract and page 2, paragraph 3; multi-passband filter is capable or design to have wherein the third wavelength is greater than the second wavelength, and the second wavelength is greater than the first wavelength, and wherein the light transmittance of the third passband is at least 5% less than the light transmittance of the second passband, and the light transmittance of the second passband is at least 5% less than the light transmittance of the first passband).
addressing claim 7, wherein the passbands comprise a first passband corresponding to the first wavelength, a second passband corresponding to the second wavelength, a third passband corresponding to the third wavelength and the fourth passband corresponding to the fourth wavelength, light transmittance of each of the first passband, the second passband, the third passband and the fourth passband is between 25% - 98%, and FWHM of each of the first passband, the second passband, the third passband and the fourth passband is between 30-80 nm (see abstract and page 2, paragraph 3; multi-passband filter is capable or design to have a first passband corresponding to the first wavelength, a second passband corresponding to the second wavelength, and a third passband corresponding to the third wavelength, light transmittance of each of the first passband, the second passband and the third passband is between 25% - 98%, and full width at half maximum (FWHM) of each of the first passband, the second passband and the third passband is between 30-80 nm).
addressing claim 8, wherein the fourth wavelength is greater than the third wavelength, the third wavelength is greater than the second wavelength, and the second wavelength is greater than the first wavelength, and wherein the light transmittance of the fourth passband is at least 5% less than the light transmittance of the third passband, the light transmittance of the third passband is at least 5% less than the light transmittance of the second passband, and the light transmittance of the second passband is at least 5% less than the light transmittance of the first passband (see abstract and page 2, paragraph 3; multi-passband filter is capable or design to have wherein the third wavelength is greater than the second wavelength, and the second wavelength is greater than the first wavelength, and wherein the light transmittance of the third passband is at least 5% less than the light transmittance of the second passband, and the light transmittance of the second passband is at least 5% less than the light transmittance of the first passband).
addressing claim 10, wherein the multi-passband filter is formed by first dielectric material layers and second dielectric material layers alternately stacked to form the multilayer structure, each of the first dielectric material layers is composed of one of tantalum pentoxide (Ta₂O₅) and titanium dioxide (TiO2), and each of the second dielectric material layers is composed of one of silicon dioxide (SiO₂) and aluminum oxide (Al2O₃) (see abstract; Ta₂O₅ and SiO₂).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Boescke et al. (DE 10,2016,109,694), in view of Jiang et al. (Development of Visible Multi-Bandpass Filter Based on F-P Structure) and further in view of Hendrix et al. (US 9,588,269).
Addressing claims 11, Boescke does not disclose wherein the multi-passband filter is formed by having an aluminum layer between two of the first dielectric material layers. Boescke in view of Jiang discloses multi-passband filter with dielectric layers Ta2O5 and SiO2. Hendrix discloses filter with layers of silicon dioxide, aluminum oxide, titanium dioxide, tantalum pentoxide (see claim 9; aluminum oxide layer between the dielectric material layers). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Boescke to have filter forms by having an aluminum layer between the dielectric material layers as taught by Hendrix because oxides are suitable for lower refractive index (see col. 7, lines 1-6). The arrangement order of the material is an obvious designer choice that only require routine skill in the art (Ex parte Rubin, 128 USPQ 440 (Bd. App. 1959) (Prior art reference disclosing a process of making a laminated sheet wherein a base sheet is first coated with a metallic film and thereafter impregnated with a thermosetting material was held to render prima facie obvious claims directed to a process of making a laminated sheet by reversing the order of the prior art process steps.). See also In reBurhans, 154 F.2d 690, 69 USPQ 330 (CCPA 1946) (selection of any order of performing process steps is prima facie obvious in the absence of new or unexpected results); In reGibson, 39 F.2d 975, 5 USPQ 230 (CCPA 1930) (Selection of any order of mixing ingredients is prima facie obvious.); In reJapikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) (Claims to a hydraulic power press which read on the prior art except with regard to the position of the starting switch were held unpatentable because shifting the position of the starting switch would not have modified the operation of the device.); In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975) (the particular placement of a contact in a conductivity measuring device was held to be an obvious matter of design choice)).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-14 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2023/0233084 (see [0065]; transmit first, second, third and fourth wavelength and the wavelength are different from each other); US 2017/0041560 (see [0017], [0149] and [0271]; transmit first, second, third and fourth wavelength; light transmittance of greater 50%; dielectric filter layer alternate between titanium oxide and silicon oxide); US 2023/0175953 (see [0067]; multi passband filter) and US 2010/0009172 (see Figs. 2-4; light transmittance of 80% to 25% for wavelength range of 400 to 2200 nm).
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/HIEN N NGUYEN/
Primary Examiner
Art Unit 3797
Prosecution Insights