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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 06/25/2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Response to Arguments
Applicant's arguments filed 06/25/2026 have been fully considered but they are not persuasive.
Applicant argues (1) that a person of ordinary skill in the art would not have combined Hu with Kubo and Tsou because Hu uses inorganic Ge/SiGe crystal materials for infrared sensing, whereas Kubo and Tsou disclose organic infrared absorbing material having substantially different physical, chemical and mechanical properties. (2) Applicant argues that Hu, Kubo and Tsou fail to disclose or teach the specific claimed copper complex formed for a copper compound, the phosphonic acid of Formula 1, and at least one phosphorus containing compound represented by Formulas 2-4. (3) Applicant argues that Kubo fails disclose Formula 2 or Formula 3 of the present application. (4) Applicant argues that although Kubo generically discloses a phosphoric acid ester, Kubo does not disclose the particular substituent scope required by Formula 4. (5) Applicant argues that Kubo preferably uses a polyoxyalkyl group, whereas the claims require substituted C1-C12 alkyl or C6-C12 aryl groups. (6) Applicant argues that a person of ordinary skill in the art would not have been motivated to prepare the claimed copper complex using the claimed phosphorus containing compounds because of the significant differences in the chemical structure between the cited compounds. (7) Applicant argues that a person of ordinary skill in the art would not have expected use of the claimed phosphorous containing compounds to provide the asserted excellent near infrared cutoff effect. (8) Applicant argues that the remaining references do not cure the deficiencies of Hu, Kubo and Tsou. (9) Applicant argues that the cited references fail to disclose the claimed OD value of greater than 4 at incident wavelengths of 930-950 nm. (10) Applicant argues that Tsou cannot cure the deficiencies because Tsou concerns a multilayer/interference filter rather than an absorption filter. (11) Applicant claims that the claimed OD greater than 4 corresponds to less than 0.01% transmittance and that the cited references do not disclose the same ‘high standard” OD value. (12) Applicant argues that the present applicant provides superior performance relative to the cited references. (13) Applicant argues that the “technical essence” of the invention is the integration of optical components, including lenses and filters, into an integrated single-piece component. (14) Applicant argues that the dependent claims are patentable for the same reasons presented with respect to independent claim 1. (15) Applicant argues that the independent claims 11 contains the same distinguishing technical feature as claim 1 and is therefore patentable for substantially the same reasons.
Regarding applicants argument that, a person of ordinary skill in the art would not have combined Hu with Kubo and Tsou because Hu uses inorganic Ge/SiGe crystal materials for infrared sensing, whereas Kubo and Tsou disclose organic infrared absorbing material having substantially different physical, chemical and mechanical properties. Applicants argument is not persuasive. The rejection does not require replacing Hu’s germanium or silicon-germanium photosensitive material with the organic light-absorbing material of Kubo and Tsou. Rather, Hu is relied upon for the photosensitive structure, while Kubo is relied upon for teaching a near infrared absorbing copper containing material and Tsou is relied upon for the know desirability of providing high optical density in the near-infrared wavelength region. Thus, the proposed combination utilizes the respective teachings according to their know functions rather than bodily substituting one material for another. A person of ordinary skill in the art would have been motivated to provide the know near infrared filtering teachings of Kubo and Tsou with Hu’s photosensitive structure to reduce unwanted near infrared radiation reaching the photosensitive element, thereby improving the optical performance of the device. Accordingly, the differences between Hu’s photosensitive material and the absorbing materials of Kubo and Tsou do not preclude the proposed combination. "The test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference. Rather, the test is what the combined teachings of those references would have suggested to those of ordinary skill in the art." In re Keller, 642 F.2d 413, 425, 208 USPQ 871, 881 (CCPA 1981). See also In re Sneed, 710 F.2d 1544, 1550, 218 USPQ 385, 389 (Fed. Cir. 1983) ("It is not necessary that the inventions of the references be physically combinable to render obvious the invention under review."); and In re Nievelt, 482 F.2d 965, 179 USPQ 224, 226 (CCPA 1973) ("Combining the teachings of references does not involve an ability to combine their specific structures.").
Regarding applicants argument that, Hu, Kubo and Tsou fail to disclose or teach the specific claimed copper complex formed for a copper compound, the phosphonic acid of Formula 1, and at least one phosphorus containing compound represented by Formulas 2-4. Applicants argument is not persuasive because the rejection does not rely upon Hu, Kubo and Tsou individually for each feature of the claimed copper complex. In particular, Kubo is relied upon for the copper containing near infrared absorber chemistry. Kubo teaches a light absorber including a copper component, phosphonic acid, and a phosphoric acid ester, and further teaches use of the phosphoric acid ester together with the copper component in the light absorber. As discussed in the rejection, the claimed selection of the recited phosphorous containing ester and substituent groups would have been an obvious selection from known phosphorous containing absorber chemistry for obtaining suitable compatibility, solubility, dispersion, and optical absorption performance. Hu and Tsou are relied upon for their respective teachings concerning the photosensitive structure and near infrared optical density requirements, rather than for the particular copper complex chemistry. Accordingly, the absence of the complete claimed copper complex from Hu or Tsou individually does not overcome the rejection. Applicant has not provided evidence of any unexpected result attributable to the particular claimed invention, especially where Kubo at least suggests use of the recited copper/phosphorus containing components and claim 1 requires only at least one of the compounds represented by Formulas 2, 3 or 4, rather than all three. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Regarding applicants argument that, Kubo fails disclose Formula 2 or Formula 3 of the present application. This argument is not persuasive because claim 1 requires at least one compound represented by Formulas 2, 3, 4; therefore, disclosure or suggestion of Formula 4 is sufficient. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Regarding applicants argument that, although Kubo generically discloses a phosphoric acid ester, Kubo does not disclose the particular substituent scope required by Formula 4. This argument is not persuasive because Kubo at least suggests the claimed class of phosphorous containing compounds, and selection of know alkyl or aryl substituents. Kubo discusses in [0118]-[0119], [0133]-[0134] the use of phosphoric acid esters in copper containing light absorber and also, separately teaches alkyl and aryl substituent groups in closely related phosphorus containing absorber compounds. For the purpose of 103, Kubo need not expressly disclose the exact claimed alkyl or aryl substituent where Kubo’s teaching at least suggest such known substituent selections for the phosphorous containing absorber chemistry. "The test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference. Rather, the test is what the combined teachings of those references would have suggested to those of ordinary skill in the art." In re Keller, 642 F.2d 413, 425, 208 USPQ 871, 881 (CCPA 1981). See also In re Sneed, 710 F.2d 1544, 1550, 218 USPQ 385, 389 (Fed. Cir. 1983) ("It is not necessary that the inventions of the references be physically combinable to render obvious the invention under review."); and In re Nievelt, 482 F.2d 965, 179 USPQ 224, 226 (CCPA 1973) ("Combining the teachings of references does not involve an ability to combine their specific structures.").
Regarding applicants argument that, Kubo preferably uses a polyoxyalkyl group, whereas the claims require substituted C1-C12 alkyl or C6-C12 aryl groups. The argument is not persuasive because Kubo is not limited to its preferred embodiment, and selection of known alkyl or aryl substituents would have been obvious absent evidence of criticality or unexpected results. "The test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference. Rather, the test is what the combined teachings of those references would have suggested to those of ordinary skill in the art." In re Keller, 642 F.2d 413, 425, 208 USPQ 871, 881 (CCPA 1981). See also In re Sneed, 710 F.2d 1544, 1550, 218 USPQ 385, 389 (Fed. Cir. 1983) ("It is not necessary that the inventions of the references be physically combinable to render obvious the invention under review."); and In re Nievelt, 482 F.2d 965, 179 USPQ 224, 226 (CCPA 1973) ("Combining the teachings of references does not involve an ability to combine their specific structures.").
Regarding applicants argument that, a person of ordinary skill in the art would not have been motivated to prepare the claimed copper complex using the claimed phosphorus containing compounds because of the significant differences in the chemical structure between the cited compounds. This argument is not persuasive because Kubo already teaches copper/phosphorous containing near infrared absorber chemistry, and using known phosphorous containing ester compounds for the same filtering purpose would have been a predictable modification.
Regarding applicants argument that, person of ordinary skill in the art would not have expected use of the claimed phosphorous containing compounds to provide the asserted excellent near infrared cutoff effect. This argument is not persuasive because Kubo already teaches copper/phosphorus containing composition for near infrared absorption, providing a reasonable expectation that related known phosphorous containing compounds would likewise function in the absorber system.
Regarding applicants argument that, the remaining references do not cure the deficiencies of Hu, Kubo and Tsou. This argument is not persuasive because the asserted deficiencies have not been established, and the rejection relies on the combined teaching of the references for their respective claim limitations.
Regarding applicants argument that, the cited references fail to disclose the claimed OD value of greater than 4 at incident wavelengths of 930-950 nm. This argument is not persuasive because Tsou teaches an OD range of 3-7 in the near infrared region, which encompasses the claimed OD value greater than 4.
Regarding applicant argument that, Tsou cannot cure the deficiencies because Tsou concerns a multilayer/interference filter rather than an absorption filter. This argument is not persuasive because Tsou is relied upon for the known high optical density target in the near infrared region, not for the particular absorber chemistry.
Regarding applicant argument that, that the claimed OD greater than 4 corresponds to less than 0.01% transmittance and that the cited references do not disclose the same ‘high standard” OD value. This argument is not persuasive because Tsou expressly teaches OD values up to 7, encompassing values greater than 4 and Applicant has not shown criticality or unexpected results for the claimed threshold.
Regarding applicant argument that, the present applicant provides superior performance relative to the cited references. This argument is not persuasive because attorney argument alone does not establish unexpected results or criticality, and applicant has not provided evidence showing that the claimed combination produces an unexpected improvement over the prior art.
Regarding applicant argument that, the “technical essence” of the invention is the integration of optical components, including lenses and filters, into an integrated single-piece component. This argument is not persuasive because the primary reference already teaches an integrated lens module structure, and the proposed combination merely incorporates known bonding and filtering features without destroying the integrated nature of the device.
Regarding applicant argument that, the dependent claims are patentable for the same reasons presented with respect to independent claim 1. This argument is not persuasive because the argument regarding claim 1 have been addressed above, and Applicant has not identified a separate deficiency in the rejection of the dependent claims.
Regarding applicant argument that, the independent claims 11 contains the same distinguishing technical feature as claim 1 and is therefore patentable for substantially the same reasons. This argument is not persuasive because the arguments regarding the common limitations of claim 1 have been addressed above, and Applicant has not identified a separate deficiency specific to claim 11.
Compact Prosecution
Examiner recommends an amendment to the independent claim(s), if supported by the specification, to require all of Formulas 2-4 simultaneously, to potentially overcome the rejection of record.
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 1-5 are rejected under 35 U.S.C. § 103 as being unpatentable over Hu (US 2013/0062506, of record) in view of Kubo (US 2025/0383481, of record) in view of Tsou et al. (US 11,480,720, of record).
Regarding claim 1, Hu discloses a composite photosensitive structure ([0067] discloses: photosensitive device), comprising: a photosensitive element ([0027] discloses: a photo diode or photo gate); and an infrared absorption layer formed on the photosensitive element ([0084] discloses: infrared sensing pixel layer , that absorbs infrared light).
Hu fails to disclose a structure wherein the infrared absorption layer comprises a copper complex which is formed by a copper compound for providing copper ions, a phosphonic acid represented by Formula 1, and at least one phosphor-containing compound represented by Formulas 2 to 4:
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wherein R, R1, R2 and R3 are each independently substituted or unsubstituted C1-C12 alkyl or C6-C12 aryl, wherein the OD value of the near-infrared absorption layer for the incident light wavelengths from 930-950 nm is greater than 4. Hu and Kubo are related because both disclose address attenuation or control of infrared radiation associated with a photosensitive device. .
Kubo teaches a structure wherein the infrared absorption layer ([0092] teaches: 10, light absorber, can block infrared light as well) comprises a copper complex ([0128] teaches: 10, light absorber layer, includes a copper complex) which is formed by a copper compound for providing copper ions ([0128] teaches: 10, light absorber layer, includes a copper complex, formed by a copper compound including copper ions), a phosphonic acid represented by Formula 1 ([0118] teaches: compound including a phosphoric acid, see ligand structure (a) described in para [0022] ), and at least one phosphor-containing compound represented by Formulas 2 to 4 ([0118], [0133]-[0134] teaches use of a phosphoric acid ester with the copper/phosphonic acid light absorber; [0022]-[0035] further teaches alkyl and aryl substituent groups in related phosphorous containing absorber compounds, thereby at least suggesting use of an alkyl- or aryl- substituted phosphorous containing ester; claim 1 requires at least only one compound represented by formulas 2-4):
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wherein R, R1, R2 and R3 are each independently substituted or unsubstituted C1-C12 alkyl or C6-C12 aryl ([0027]-[0032] teaches alkyl and aryl substituent classes in the phosphorus containing absorber chemistry; [0134] teaches: numerous alkyl containing phosphoric acid esters and expressly states that the phosphoric acid ester is not limited to a particular ester; selection of the claimed alkyl or aryl substituent would have been an obvious selection absent criticality or unexpected results).
Hu and Tsou are related because both disclose infrared absorption layers.
Tsou teaches an optical filtering structure wherein the OD value of the near-infrared absorption layer (Col. 2 lines 31-32 teach: infrared-absorbing organic film) for the incident light wavelengths from 930-950 nm is greater than 4 (Figure 3 depicts: optical density exceeding 4 for wavelengths of approximately 900-1050 nm, which encompasses the claimed wavelength range of 930-950 nm).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Hu to incorporate the teachings of Kubo and Tsou and provide a structure wherein the infrared absorption layer comprises a copper complex which is formed by a copper compound for providing copper ions, a phosphonic acid represented by Formula 1, and at least one phosphor-containing compound represented by Formulas 2 to 4; wherein R, R1, R2 and R3 are each independently substituted or unsubstituted C1-C12 alkyl or C6-C12 aryl, wherein the OD value of the near-infrared absorption layer for the incident light wavelengths from 930-950 nm is greater than 4. Doing so would allow for improved attenuation of near-infrared light in the desired wavelength range, thereby enhancing the performance and efficiency of the optical system by reducing undesired radiation reaching the photosensitive element.
Regarding claim 2, the modified Hu discloses the composite photosensitive structure of claim 1, wherein the photosensitive element is a charged-couple device or a complementary metal oxide semiconductor ([0032] discloses: CMOS sensing chips used in device; the CMOS chip is the photo sensing portion of the photosensitive device).
Regarding claim 3, the modified Hu discloses the composite photosensitive structure of claim 1, wherein the substituted or unsubstituted C1-C12 alkyl is selected from the group consisting of methyl, ethyl, n-propyl, iso-propyl, n-butyl, sec-butyl, iso-butyl, tert-butyl; and the substituted or unsubstituted C6-C12 aryl is selected from the group consisting of phenyl, naphthyl and chlorophenyl (Kubo: [0027]-[0032] teaches: that the phosphorous containing absorber compounds may include alkyl or aryl substituent groups, and [0134] teaches: phosphoric acid esters containing alkyl groups and states that the phosphoric acid ester is not limited to a particular ester; selection of the recited known alkyl or aryl species from the discloses classes would have been an obvious selection absent evidence of criticality or unexpected result).
Regarding claim 4, the modified Hu discloses the composite photosensitive structure of claim 1, wherein the near-infrared absorption layer has a haze of 0.4% or less (Kubo: in at least abstract discloses: 10, light absorber layer, has a laze less than 0.20%, which falls within the claimed range; Examiner notes that the same motivation to combine applied to an earlier claim, 1, also applies here, and no further analysis is required, consistent with MPEP § 2143, which permits reliance on previously articulated rationale where the combination and reasonings remain unchanged).
Regarding claim 5, the modified Hu discloses the composite photosensitive structure of claim 1, wherein an X-ray photoelectron spectroscopy spectrum of the near-infrared absorption layer has at least one principal peak at binding energy of 930-940 eV (Examiner notes that the binding energy of approx. 930-940 eV corresponds to the Cu 2p3/2 XPS peak characteristics of copper compounds and therefore necessarily occurs in binding of the specific copper complex orbitals of Kubo, See Antao et al. (US 2023/0084320) Figure 1a for example of binding energy of XPS copper peaks).
Claim 6 is rejected under 35 U.S.C. § 103 as being unpatentable over Hu (US 2013/0062506, of record) in view of Kubo (US 2025/0383481, of record) in view of Tsou et al. (US 11,480,720, of record), as applied to claim 5 above, in view of Rogers et al. (US 2023/0253361, of record).
Regarding claim 6, the modified Hu discloses the composite photosensitive structure of claim 5.
Hu fails to disclose a device wherein the at least one principal peak has counts per second of 4500 or more. Hu and Rogers are related because both disclose semiconductor devices.
Rogers teaches a device wherein the at least one principal peak has counts per second of 4500 or more (Figure 14 depicts: counts per second of wavelength in the specified range of at least 40,000 CPS, which includes the claimed range).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Hu to incorporate the teachings of Rogers and provide a device wherein the at least one principal peak has counts per second of 4500 or more. Doing so would allow for a defined characterization of the absorption layer using know X-ray photoelectron spectroscopy measurement techniques, thereby improving the performance and efficiency of the optical system.
Claim 7 is rejected under 35 U.S.C. § 103 as being unpatentable over Hu (US 2013/0062506, of record) in view of Kubo (US 2025/0383481, of record) in view of Tsou et al. (US 11,480,720, of record), as applied to claim 1 above, in view of Hiwatashi et al. (US 2010/0210772, of record).
Regarding claim 7, the modified Hu discloses the composite photosensitive structure of claim 1.
Hu fails to disclose a device wherein the near-infrared absorption layer has a thickness of 25-150 μm. Hu and Hiwatashi are related because both disclose NIR absorbing structures.
Hiwatashi teaches a device wherein the near-infrared absorption layer has a thickness of 25-150 μm ([0250] teaches: near-infrared absorbing layer of 25 mu.m in thickness).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Hu to incorporate the teachings of Hiwatashi and provide a device wherein the near-infrared absorption layer has a thickness of 25-150 μm. Doing so would allow for better haze and infrared absorption, thereby improving the overall functionality and quality of the optical system.
Claim 8 is rejected under 35 U.S.C. § 103 as being unpatentable over Hu (US 2013/0062506, of record) in view of Kubo (US 2025/0383481, of record) in view of Tsou et al. (US 11,480,720, of record), as applied to claim 1 above, in view of Park (US 7,842,980, of record).
Regarding claim 8, the modified Hu discloses the composite photosensitive structure of claim 1, wherein the photosensitive element comprises a plurality of photosensitive regions ([0069] discloses: a plurality of composite sensing pixels).
Hu fails to disclose a device wherein the near-infrared absorption layer is formed on each of the photosensitive regions, and the near-infrared absorption layer has a boundary flush with or beyond the boundary of the photosensitive region. Hu and Park are related because both disclose photosensitive structures.
Park teaches a device wherein the near-infrared absorption layer is formed on each of the photosensitive regions (Figure 1 depicts: 115a and 115b, photodiodes, considered the photosensitive regions; each of the photosensitive regions has a respective color filter), and the near-infrared absorption layer has a boundary flush with or beyond the boundary of the photosensitive region (Figure 1 depicts: 121a and 121b, color filters, analogous to the absorption layers under BRI; the boundary of the color filters are aligned with and formed over the corresponding photodiodes).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Hu to incorporate the teachings of Park and provide a device wherein the near-infrared absorption layer is formed on each of the photosensitive regions, and the near-infrared absorption layer has a boundary flush with or beyond the boundary of the photosensitive region. Doing so would allow for selective absorption of undesired wavelengths and improve optical filtering performance of the photosensitive structure.
Claim 9 is rejected under 35 U.S.C. § 103 as being unpatentable over Hu (US 2013/0062506, of record) in view of Kubo (US 2025/0383481, of record) in view of Tsou et al. (US 11,480,720, of record), as applied to claim 1 above, in view of Norizuki et al. (US 2017/0038507, of record).
Regarding claim 9, the modified Hu discloses the composite photosensitive structure of claim 1.
Hu fails to disclose a device wherein the near-infrared absorption layer has a first surface and an opposite second surface, the second surface contacts the surface of the photosensitive region, and the first surface is flat, convex or concave. Hu and Norizuki are related because both disclose NIR ray absorption elements.
Norizuki teaches a device wherein the near-infrared absorption layer (Figure 1 depicts: 111, near infrared ray absorption filter) has a first surface and an opposite second surface (top and bottom surface of 111 of Fig. 1), the second surface contacts the surface of the photosensitive region (Figure 1 depicts: 110, solid state imaging device, that contains the photosensitive regions, is in contact with the bottom surface of 11, absorption filter), and the first surface is flat, convex or concave (Figure 1 depicts: both surfaces of 111, near infrared ray absorption filter, as flat).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Hu to incorporate the teachings of Norizuki and provide a device wherein the near-infrared absorption layer has a first surface and an opposite second surface, the second surface contacts the surface of the photosensitive region, and the first surface is flat, convex or concave. Doing so would allow for better suppression of undesired NIR wavelengths, thereby improving the optical filtering performance of the photosensitive structure.
Claim 10 is rejected under 35 U.S.C. § 103 as being unpatentable over Hu (US 2013/0062506, of record) in view of Kubo (US 2025/0383481, of record) in view of Tsou et al. (US 11,480,720, of record), in view of Norizuki et al. (US 2017/0038507, of record), as applied to claim 9 above, in view of Gomi (US 2018/0047773, of record).
Regarding claim 10, the modified Hu discloses the composite photosensitive structure of claim 9.
Hu fails to disclose a device wherein the near-infrared absorption layer is used as a micro-lens. Hu and Gomi are related because both disclose infrared absorption layers.
Gomi teaches a device wherein the near-infrared absorption layer is used as a micro-lens ([0106] teaches: the plurality of micro-lenses also serve as an infrared absorption layer).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Hu to incorporate the teachings of Gomi and provide a device wherein the near-infrared absorption layer is used as a micro-lens. Doing so would allow for selective absorption of NIR wavelengths with simultaneous light focusing, thereby improving efficiency and spectral filtering of the optical device.
Claims 11-15 and 18-19 are rejected under 35 U.S.C. § 103 as being unpatentable over Hu (US 2013/0062506, of record) in view of Kubo (US 2025/0383481, of record) in view of Mitsukura et al. (US 2011/0151195, of record) in view of Tsou et al. (US 11,480,720, of record).
Regarding claim 11, the modified Hu discloses the method for preparing a composite photosensitive structure ([0067] discloses: photosensitive device).
Hu fails to disclose a method comprising: providing a copper compound used for providing copper ions, a phosphonic acid represented by Formula 1, and at least one phosphor-containing compound represented by Formulas 2 to 4, to form a coating solution containing a copper complex,
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coating the coating solution on a wafer containing an array of photosensitive elements, and curing to form a near-infrared absorption layer; and cutting the wafer to obtain the composite photosensitive structure, wherein the OD value of the near-infrared absorption layer for the incident light wavelengths of 930-950 nm is greater than 4. Hu and Kubo are related because both disclose infrared absorption layers.
Kubo teaches a method comprising: providing a copper compound ([0128] teaches: 10, light absorber layer, includes a copper complex) used for providing copper ions ([0128] teaches: 10, light absorber layer, includes a copper complex, formed by a copper compound including copper ions), a phosphonic acid represented by Formula 1 ([0118] teaches: compound including a phosphoric acid, see ligand structure (a) described in para [0022] ), and at least one phosphor-containing compound represented by Formulas 2 to 4, to form a coating solution containing a copper complex ([0118], [0133]-[0134] teaches use of a phosphoric acid ester with the copper/phosphonic acid light absorber; [0022]-[0035] further teaches alkyl and aryl substituent groups in related phosphorous containing absorber compounds, thereby at least suggesting use of an alkyl- or aryl- substituted phosphorous containing ester; claim 1 requires at least only one compound represented by formulas 2-4),
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wherein R, R1, R2 and R3 are each independently substituted or unsubstituted C1-C12 alkyl or C6-C12 aryl ([0027]-[0032] teaches alkyl and aryl substituent classes in the phosphorus containing absorber chemistry; [0134] teaches: numerous alkyl containing phosphoric acid esters and expressly states that the phosphoric acid ester is not limited to a particular ester; selection of the claimed alkyl or aryl substituent would have been an obvious selection absent criticality or unexpected results).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Hu to incorporate the teachings of Kubo and provide providing a copper compound used for providing copper ions, a phosphonic acid represented by Formula 1, and at least one phosphor-containing compound represented by Formulas 2 to 4, to form a coating solution containing a copper complex. Doing so would allow for improved attenuation of near-infrared light in the desired wavelength range, thereby enhancing the performance and efficiency of the optical system by reducing undesired radiation reaching the photosensitive element.
Hu fails to disclose a method of coating the coating solution on a wafer containing an array of photosensitive elements, and curing to form a near-infrared absorption layer; and cutting the wafer to obtain the composite photosensitive structure, wherein the OD value of the near-infrared absorption layer for the incident light wavelengths of 930-950 nm is greater than 4. Hu and Mitsukura are related because both disclose method for making photosensitive structures.
Mitsukura teaches a method of coating the coating solution on a wafer containing an array of photosensitive elements ([0035]-[0038] teaches: forming optical layers over a semiconductor substrate including a pixel array containing photoelectric conversion elements), and curing to form a near-infrared absorption layer ([0082] teaches: curing of optical layers); and cutting the wafer to obtain the composite photosensitive structure ([0251] teaches: cutting and dividing into semiconduction chips; considered the photosensitive structure).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Hu to incorporate the teachings of Mitsukura and provide a method of coating the coating solution on a wafer containing an array of photosensitive elements, and curing to form a near-infrared absorption layer; and cutting the wafer to obtain the composite photosensitive structure. Doing so would allow for batch fabrication of the optical filter structure, thereby improving manufacturing efficiency and ensuing alignment of the absorption layers with the photosensitive elements.
The modified Hu fails to disclose a method wherein the OD value of the near-infrared absorption layer for the incident light wavelengths of 930-950 nm is greater than 4. Hu and Tsou are related because both disclose infrared absorption layers.
Tsou teaches a device wherein the OD value of the near-infrared absorption layer (Col. 2 lines 31-32 teach: infrared-absorbing organic film) for the incident light wavelengths from 930-950 nm is greater than 4 (Figure 3 depicts: optical density exceeding 4 for wavelengths of approximately 900-1050 nm, which encompasses the claimed wavelength range of 930-950 nm).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Hu to incorporate the teachings of Tsou and provide wherein the OD value of the near-infrared absorption layer for the incident light wavelengths from 930-950 nm is greater than 4. Doing so would allow for improved attenuation of near-infrared light in the desired wavelength range, thereby enhancing the performance and efficiency of the optical system by reducing undesired radiation reaching the photosensitive element.
Regarding claim 12, the modified Hu discloses the method of claim 11, wherein the photosensitive element is a charged-couple device or a complementary metal oxide semiconductor ([0032] discloses: CMOS sensing chips used in device; the CMOS chip is the photo sensing portion of the photosensitive device).
Regarding claim 13, the modified Hu discloses the method of claim 11, wherein the substituted or unsubstituted C.sub.1-C.sub.12 alkyl is selected from the group consisting of methyl, ethyl, n-propyl, iso-propyl, n-butyl, sec-butyl, iso-butyl, tert-butyl; and the substituted or unsubstituted C.sub.6-C.sub.12 aryl is selected from the group consisting of phenyl, naphthyl and chlorophenyl (Kubo: [0027]-[0032] teaches: that the phosphorous containing absorber compounds may include alkyl or aryl substituent groups, and [0134] teaches: phosphoric acid esters containing alkyl groups and states that the phosphoric acid ester is not limited to a particular ester; selection of the recited known alkyl or aryl species from the discloses classes would have been an obvious selection absent evidence of criticality or unexpected result).
Regarding claim 14, the modified Hu discloses the method of claim 11, wherein the near-infrared absorption layer has a haze of 0.4% or less (Kubo: in at least abstract discloses: 10, light absorber layer, has a laze less than 0.20%, which falls within the claimed range; Examiner notes that the same motivation to combine applied to an earlier claim, 1, also applies here, and no further analysis is required, consistent with MPEP § 2143, which permits reliance on previously articulated rationale where the combination and reasonings remain unchanged).
Regarding claim 15, the modified Hu discloses the method of claim 11, wherein an X-ray photoelectron spectroscopy spectrum of the near-infrared absorption layer has at least one principal peak at binding energy of 930-940 eV (Examiner notes that the binding energy of approx. 930-940 eV corresponds to the Cu 2p3/2 XPS peak characteristics of copper compounds and therefore necessarily occurs in binding of the specific copper complex orbitals of Kubo, See Antao et al. (US 2023/0084320) Figure 1a for example of binding energy of XPS copper peaks).
Regarding claim 18, the modified Hu discloses the method of claim 11, wherein the curing is photocuring, and the method further comprises drying the coating solution to remove the solvent prior to the curing (Mitsukura: [0102] teaches: coating solvent solution, drying the applied coating, and subsequently heating the film, thereby removing solvent prior to curing; Examiner notes that the same motivation to combine applied to an earlier claim, 11, also applies here, and no further analysis is required, consistent with MPEP § 2143, which permits reliance on previously articulated rationale where the combination and reasonings remain unchanged).
Regarding claim 19, the modified Hu discloses the method of claim 11, further comprising patterning the near-infrared absorption layer by a photolithography process (Mitsukura: [0237-0238] teaches: patterning the photosensitive adhesive by a photolithography process; Examiner notes that the same motivation to combine applied to an earlier claim, 11, also applies here, and no further analysis is required, consistent with MPEP § 2143, which permits reliance on previously articulated rationale where the combination and reasonings remain unchanged).
Claim 16 is rejected under 35 U.S.C. § 103 as being unpatentable over Hu (US 2013/0062506, of record) in view of Kubo (US 2025/0383481, of record) in view of Mitsukura et al. (US 2011/0151195, of record) in view of Tsou et al. (US 11,480,720, of record), as applied to claim 15 above, in view of Rogers et al. (US 2023/0253361, of record).
Regarding claim 16, the modified Hu discloses the method of claim 15.
Hu fails to disclose a method wherein the at least one principal peak has counts per second of 4500 or more. Hu and Rogers are related because both disclose semiconductor devices.
Rogers teaches a method wherein the at least one principal peak has counts per second of 4500 or more (Figure 14 depicts: counts per second of wavelength in the specified range of at least 40,000 CPS, which includes the claimed range).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Hu to incorporate the teachings of Rogers and provide a method wherein the at least one principal peak has counts per second of 4500 or more. Doing so would allow for a defined characterization of the absorption layer using know X-ray photoelectron spectroscopy measurement techniques, thereby improving the performance and efficiency of the optical system.
Claim 17 is rejected under 35 U.S.C. § 103 as being unpatentable over Hu (US 2013/0062506, of record) in view of Kubo (US 2025/0383481, of record) in view of Mitsukura et al. (US 2011/0151195, of record) in view of Tsou et al. (US 11,480,720, of record) in view of Rogers et al. (US 2023/0253361, of record), as applied to claim 16 above, in view of Hiwatashi et al. (US 2010/0210772, of record).
Regarding claim 17, the modified Hu discloses the method of claim 16.
Hu fails to disclose a method wherein the near-infrared absorption layer has a thickness of 25-150 μm. Hu and Hiwatashi are related because both disclose NIR absorbing structures.
Hiwatashi teaches a method wherein the near-infrared absorption layer has a thickness of 25-150 μm ([0250] teaches: near-infrared absorbing layer of 25 mu.m in thickness).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Hu to incorporate the teachings of Hiwatashi and provide a method wherein the near-infrared absorption layer has a thickness of 25-150 μm. Doing so would allow for better haze and infrared absorption, thereby improving the overall functionality and quality of the optical system.
Conclusion
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.
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John Sipes
Examiner
Art Unit 2872
/J.C.S./Examiner, Art Unit 2872
/BUMSUK WON/Supervisory Patent Examiner, Art Unit 2872
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