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
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 1-9 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 Cohen et al. (US 2020/0054280).
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. Cohen discloses multi-passband filter (see Fig. 1 and [0055-0057]; 105 is conformal multi-passband filter in front of detector 115 that user could tune to allow certain wavelengths to pass to detector 115). 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 as taught by Cohen because this allows user to allow detector to detect only a certain specific wavelength (see [0055-0057]).
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 and 7-8, Cohen 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 [0055-0057]; tune multi-passband filter is capable of tuning the filter 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 [0055-0057]; tune multi-passband filter is capable of tuning the filter 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 [0055-0057]; tune multi-passband filter is capable of tuning the filter 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 [0055-0057]; tune multi-passband filter is capable of tuning the filter 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).
Claims 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Boescke et al. (DE 10,2016,109,694), in view of Cohen et al. (US 2020/0054280) and further in view of Hendrix et al. (US 9,588,269).
Addressing claims 10-11, Boescke does not disclose wherein the multi-passband filter is formed by first dielectric material layers and second dielectric material layers alternately stacked to form a 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 (AI2O3) and wherein the multilayer structure further comprises an aluminum layer between two of the first dielectric material layers. These materials are commonly use in dielectric layers. Hendrix explicitly discloses layers of silicon dioxide, aluminum oxide, titanium dioxide (see claim 9). 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 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 filed 12/02/25 have been fully considered but they are not persuasive. Applicant argues it should be noted that the essence of the first filter 215 of Boescke is its specific design to allow light from the first spectral range (520 nm to 570 nm) to pass through while filtering out the second spectral range (660 nm) and third spectral range (940 nm), in order to detect light of wavelengths from the first spectral range with particularly high accuracy (as described in Boescke: “Because the first light detector does not respond to light having a wavelength from the third spectral range, the first light detector can be configured to detect light having a wavelength from the first spectral range with particularly high accuracy.”). Therefore, under this premise, it would be unreasonable for a person having ordinary skill in the art to replace the first filter 215 of Boescke with a multi-passband filter (for example, Cohen’s conformal tunable multi-passband filter), as such a modification would be directly contrary to Boescke’s technical objective of detecting light from the first spectral range with particularly high accuracy. Applicant’s argument is not persuasive because tunable filter can be tune to first wavelength for the detector to detect and then tune to second wavelength for the detector to detect. This way the detector only detects one wavelength at a time to ensure of accuracy. There no evidence using a filter and a detector this way would reduce accuracy. Using tunable filter would be replacing bulky fixed filters with smaller, more efficient, and cost-effective solutions that adapt in real-time. It would not be unreasonable to replace Boescke’s detectors and filter with tunable filter and one detector. Applicant argues Boescke does not teach or suggest the technical means of the claimed invention that uses a multi-passband filter to eliminate noise light other than the target wavelength required for measurement. Applicant’s argument is not persuasive because this is not in the claim. Further, Boescke wants to improve accuracy and improve accuracy can be done by reduce noise. A tunable filter can significantly reduce noise and improve accuracy by dynamically selecting and isolating desired signals while suppressing unwanted frequencies and interference. Tunable filter can reduce noise, improve accuracy and reduce cost by using less detectors. Applicant argues Cohen tunable filter is liquid crystal tunable filter therefore cannot achieve the objective of miniaturization as the claimed invention aims to achieve. Applicant’s argument is not persuasive because liquid crystal tunable filter is highly miniaturizable. Applicant argues Hendrix optical filter is essentially still a single-passband filter. Applicant’s argument is not persuasive because examiner does not rely on Hendrix to disclose filter. Examiner only relies on Hendrix to disclose materials commonly use in dielectric layers.
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).
THIS ACTION IS MADE FINAL. 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 HIEN NGOC NGUYEN whose telephone number is (571)270-7031. The examiner can normally be reached Monday-Thursday 8:30am-6:30pm.
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, Keith Raymond can be reached at (571)270-1790. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/HIEN N NGUYEN/
Primary Examiner
Art Unit 3793