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 02/10/2026 is in compliance with the provisions on 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Amendments
Acknowledgment of receiving amendments to the claims, which were received by the Office on 02/10/2026.
Response to Arguments
Applicant’s arguments with respect to claims 1-9, 23-31 and 109-110 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 02/10/2026, which has been rejected under new ground of rejection necessitated by amendment. See rejection below for full detail.
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) 1-2, 4-5, 8-9, 109-110, 205 and 207 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Voutilainen et al. (US 2011/0315949 A1).
Regarding claim 1, Voutilainen et al. (hereafter referred as Vout), teaches an image sensor (Vout, Fig. 1-3) comprising:
a first imaging sensor layer, wherein the first imaging sensor layer comprises an atomically thin two-dimensional (2D) material (Vout, Figs. 1-3, third sensing layer 113, Paragraphs 0048-0049, Graphene is an atomically thin 2D material.);
a first color filter layer disposed over the first imaging sensor layer (Vout, color filter 122, Paragraph 0048-0049);
a second imaging sensor layer disposed over the first color filter layer, wherein the second imaging sensor layer is substantially transparent, and wherein the second imaging sensor layer comprises the atomically thin 2D material (Vout, Figs. 1-3, second sensing layer 112, Paragraphs 0047-0048);
a second color filter layer disposed over the second imaging sensor layer (Vout, color filter 121, Paragraph 0047-0049); and
a third imaging sensor layer disposed over the second color filter layer, wherein the third imaging sensor layer is substantially transparent, and wherein the third imaging sensor layer comprises the atomically thin 2D material (Vout, Figs. 1-3, third sensing layer 111, Paragraphs 0046-0047).
Regarding claim 2, Vout teaches the image sensor of claim 1 (see claim 1 analysis), wherein:
the first color filter layer allows a first range of wavelengths of light to pass therethrough (Vout, color filter 122, Paragraph 0048-0049, Color filter 122 passes red and reflects green.), and
the second color filter layer allows the first range of wavelengths of light and a second range of wavelengths of light to pass therethrough (Vout, color filter 121, Paragraph 0047-0049, Color filter 121 passes red and green and reflects blue.).
Regarding claim 4, Vout teaches the image sensor of claim 1 (see claim 1 analysis), wherein the second color filter layer allows substantially red light to pass therethrough (Vout, color filter 121, Paragraph 0047-0049, Color filter 121 passes red and green and reflects blue.).
Regarding claim 5, Vout teaches the image sensor of claim 1 (see claim 1 analysis), wherein:
the first color filter layer substantially blocks a first range of wavelengths of light from passing therethrough (Vout, color filter 122, Paragraph 0048-0049, Color filter 122 passes red and blocks green.), and
the second color filter layer substantially blocks a second range of wavelengths of light from passing therethrough. (Vout, color filter 121, Paragraph 0047-0049, Color filter 121 passes red and green and blocks blue.).
Regarding claim 8, Vout teaches the image sensor of claim 1 (see claim 1 analysis), wherein the second color filter layer blocks substantially blue light from passing therethrough (Vout, color filter 121, Paragraph 0047-0049, Color filter 121 passes red and green and blocks blue.).
Regarding claim 9, Vout teaches the image sensor of claim 1 (see claim 1 analysis), wherein the second color filter layer substantially blocks light below a wavelength of about 520 nm from passing therethrough ((Vout, color filter 121, Paragraph 0047-0049, Color filter 121 passes red and green and blocks blue.).
Regarding claim 109, Voutilainen et al. (hereafter referred as Vout), teaches an image sensor (Vout, Fig. 1-3) comprising:
a first transparent sensor layer, wherein the first transparent sensor layer comprises an atomically thin 2D material (Vout, Figs. 1-3, third sensing layer 113, Paragraphs 0048-0049, Graphene is an atomically thin 2D material.);
a first color filter layer (Vout, color filter 122, Paragraph 0048-0049);
a second transparent sensor layer, wherein the second transparent sensor layer comprises the atomically thin 2D material (Vout, Figs. 1-3, second sensing layer 112, Paragraphs 0047-0048); and
a second color filter layer (Vout, color filter 121, Paragraph 0047-0049),
wherein the first transparent sensor layer, the first color filter layer, the second transparent sensor layer, and the second color filter layer are provided in a stack (Vout, Figs. 1-3).
Regarding claim 110, Vout teaches the image sensor of claim 109 (see claim 109 analysis), wherein:
the first color filter layer substantially allows a first range of wavelengths of light to pass therethrough (Vout, color filter 122, Paragraph 0048-0049, Color filter 122 passes red and reflects green.), and
the second color filter layer substantially allows the first range of wavelengths of light and a second range of wavelengths of light to pass therethrough (Vout, color filter 121, Paragraph 0047-0049, Color filter 121 passes red and green and reflects blue.).
Regarding claim 205, Vout teaches the image sensor of claim 109 (see claim 109 analysis), wherein the atomically thin 2D material comprises graphene (Vout, Fig. 1, Paragraphs 0045-0048).
Regarding claim 207, Vout teaches the image sensor of claim 109 (see claim 109 analysis), wherein an optical transparency of the image sensor is greater than 93%. (Vout, Paragraphs 0055-0056, An optical transparency of 1-3 layers of graphene of the image sensor is greater than 93%.).
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) 1-2, 4-5, 8-9, 23-24, 26-27, 109-110 and 205 is/are rejected under 35 U.S.C. 103 as being unpatentable over Miao et al. (US 9,184,198 B1) in view of Voutilainen et al. (US 2011/0315949 A1).
Regarding claim 1, Miao et al. (hereafter referred as Miao) teaches an image sensor (Miao, Fig. 1) comprising:
a first imaging sensor layer (Miao, Fig. 1, image sensor layer 115A, Column 2, Lines 60-67);
a first color filter layer disposed over the first imaging sensor layer (Miao, Fig. 1, optical filter layer 120A, Column 3, Lines 42-62);
a second imaging sensor layer disposed over the first color filter layer, wherein the second imaging sensor layer is substantially transparent (Miao, Fig. 1, image sensor layer 115B, Column 3, Lines 42-62, The image sensor layers allow light to pass through and are considered to be substantially transparent.);
a second color filter layer disposed over the second imaging sensor layer (Miao, Fig. 1, optical filter layer 120B, Column 3, Lines 42-62); and
a third imaging sensor layer disposed over the second color filter layer, wherein the third imaging sensor layer is substantially transparent (Miao, Fig. 1, image sensor layer 115C, Column 3, Lines 42-62, The image sensor layers allow light to pass through and are considered to be substantially transparent.).
However, Miao does not teach wherein the first imaging sensor layer, the second imaging sensor layer, and the third imaging sensor layer comprises an atomically thin two-dimensional (2D) material.
In reference to Voutilainen et al. (hereafter referred as Vout), Vout teaches wherein a first imaging sensor layer, a second imaging sensor layer, and a third imaging sensor layer comprises an atomically thin two-dimensional (2D) material (Vout, Fig. 1, first sensing layer 111, second sensing layer 112, and third sensing layer 113, Paragraphs 0045-0048, Graphene is an atomically thin two-dimensional (2D) material.).
These arts are analogous since they are both related to stacked image sensors. 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 Miao with the teaching of using graphene in the image sensor layers as seen in Vout since graphene absorbs photons effectively in visible, infrared and ultraviolet frequencies and absorbs light very evenly in the whole visible light spectrum (Vout, Paragraph 0055).
Regarding claim 2, the combination of Miao and Vout teaches the image sensor of claim 1 (see claim 1 analysis), wherein:
the first color filter layer allows a first range of wavelengths of light to substantially pass therethrough (Miao, Fig. 1, Column 3, Lines 42-62, The first range may be wavelengths longer than 590nm.), and
the second color filter layer allows the first range of wavelengths of light and a second range of wavelengths of light to substantially pass therethrough (Miao, Fig. 1, Column 3, Lines 42-62, The second range may be wavelengths between 495nm and 590nm.).
Regarding claim 4, the combination of Miao and Vout teaches the image sensor of claim 1 (see claim 1 analysis), wherein the second color filter layer allows substantially red light to pass therethrough (Miao, Fig. 1, Column 3, Lines 42-62, The second allows green and red to pass.).
Regarding claim 5, the combination of Miao and Vout teaches the image sensor of claim 1 (see claim 1 analysis), wherein:
the first color filter layer substantially blocks a first range of wavelengths of light from passing therethrough (Miao, Fig. 1, Column 3, Lines 42-62, The first color filter blocks blue and green wavelengths.), and
the second color filter layer substantially blocks a second range of wavelengths of light from passing therethrough (Miao, Fig. 1, Column 3, Lines 42-62, The second color filter blocks blue wavelengths.).
Regarding claim 8, the combination of Miao and Vout teaches the image sensor of claim 1 (see claim 1 analysis), wherein the second color filter layer blocks substantially blue light from passing therethrough (Miao, Fig. 1, Column 3, Lines 42-62, The second color filter blocks blue wavelengths.).
Regarding claim 9, the combination of Miao and Vout teaches the image sensor of claim 1 (see claim 1 analysis), wherein the second color filter layer substantially blocks light below a wavelength of about 520 nm from passing therethrough (Miao, Fig. 1, Column 3, Lines 42-62, The second color filter blocks wavelengths of about 520 nm (495nm is considered to be about 520 nm).).
Regarding claim 23, Miao teaches a method of capturing an image with an image sensor operatively connected to control circuitry, wherein:
the image sensor (Miao, Fig. 1)comprises:
a first imaging sensor layer (Miao, Fig. 1, image sensor layer 115A, Column 2, Lines 60-67);
a first color filter layer disposed over the first imaging sensor layer (Miao, Fig. 1, optical filter layer 120A, Column 3, Lines 42-62);
a second imaging sensor layer disposed over the first color filter layer, wherein the second imaging sensor layer is substantially transparent (Miao, Fig. 1, image sensor layer 115B, Column 3, Lines 42-62, The image sensor layers allow light to pass through and are considered to be substantially transparent.);
a second color filter layer disposed over the second imaging sensor layer (Miao, Fig. 1, optical filter layer 120B, Column 3, Lines 42-62); and
a third imaging sensor layer disposed over the second color filter layer, wherein the third imaging sensor layer is substantially transparent (Miao, Fig. 1, image sensor layer 115C, Column 3, Lines 42-62, The image sensor layers allow light to pass through and are considered to be substantially transparent.); and
the method comprises:
measuring, at the control circuitry (Miao, Fig. 1, control circuitry 140 and output 125), properties of light received at the first imaging sensor layer, the second imaging sensor layer, and the third imaging sensor layer (Miao, Column 5, Lines 1-15);
reconstructing, at the control circuitry, a substantially red component, a substantially green component, and a substantially blue component of each pixel based at least in part on the measured properties of light received at the first imaging sensor layer, the second imaging sensor layer, and the third imaging sensor layer (Miao, Column 5, Lines 16-39, “image data streams originating from each image sensor layer 115 represents a single color channel carrying color-specific image data captured in a single spectral band”); and
causing to be output full-color pixel data of each pixel or pixel location based at least in part on the substantially red component, the substantially green component, and the substantially blue component (Miao, Column 3, Lines 11-18, Column 5, Lines 16-39, “This post image processing may include combining the individual image datasets into a single full color image file”).
However, Miao does not teach wherein the first imaging sensor layer, the second imaging sensor layer, and the third imaging sensor layer comprises an atomically thin two-dimensional (2D) material.
In reference to Voutilainen et al. (hereafter referred as Vout), Vout teaches wherein a first imaging sensor layer, a second imaging sensor layer, and a third imaging sensor layer comprises an atomically thin two-dimensional (2D) material (Vout, Fig. 1, first sensing layer 111, second sensing layer 112, and third sensing layer 113, Paragraphs 0045-0048, Graphene is an atomically thin two-dimensional (2D) material.).
These arts are analogous since they are both related to stacked image sensors. 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 Miao with the teaching of using graphene in the image sensor layers as seen in Vout since graphene absorbs photons effectively in visible, infrared and ultraviolet frequencies and absorbs light very evenly in the whole visible light spectrum (Vout, Paragraph 0055).
Regarding claim 24, the combination of Miao and Vout teaches the method of claim 23 (see claim 23 analysis), wherein:
the first color filter layer substantially allows a first range of wavelengths of light to pass therethrough (Miao, Fig. 1, Column 3, Lines 42-62, The first range may be wavelengths longer than 590nm.) and
the second color filter layer substantially allows the first range of wavelengths of light and a second range of wavelengths of light to pass therethrough (Miao, Fig. 1, Column 3, Lines 42-62, The second range may be wavelengths between 495nm and 590nm.).
Regarding claim 26, the combination of Miao and Vout teaches the method of claim 23 (see claim 23 analysis), wherein the second color filter layer allows substantially red light to pass therethrough (Miao, Fig. 1, Column 3, Lines 42-62, The second allows green and red to pass.).
Regarding claim 27, the combination of Miao and Vout teaches the method of claim 23 (see claim 23 analysis), wherein:
the first color filter layer substantially blocks a first range of wavelengths of light from passing therethrough (Miao, Fig. 1, Column 3, Lines 42-62, The first color filter blocks blue and green wavelengths.), and
the second color filter layer substantially blocks a second range of wavelengths of light from passing therethrough (Miao, Fig. 1, Column 3, Lines 42-62, The second color filter blocks blue wavelengths.).
Regarding claim 109, Miao teaches an image sensor (Miao, Fig. 1) comprising:
a first transparent sensor layer (Miao, Fig. 1, image sensor layer 115B, Column 2, Lines 60-67, Column 3, Lines 42-62, The image sensor layers allow light to pass through and are considered to be substantially transparent);
a first color filter layer (Miao, Fig. 1, optical filter layer 120A, Column 3, Lines 42-62);
a second transparent sensor layer (Miao, Fig. 1, image sensor layer 115C, Column 2, Lines 60-67, Column 3, Lines 42-62, The image sensor layers allow light to pass through and are considered to be substantially transparent); and
a second color filter layer (Miao, Fig. 1, optical filter layer 120B, Column 3, Lines 42-62),
wherein the first transparent sensor layer, the first color filter layer, the second transparent sensor layer, and the second color filter layer are provided in a stack (Miao, Fig. 1).
However, Miao does not teach wherein the first transparent sensor layer, and the second transparent sensor layer comprises an atomically thin two-dimensional (2D) material.
In reference to Voutilainen et al. (hereafter referred as Vout), Vout teaches wherein a first transparent sensor layer and a second transparent sensor layer, comprises an atomically thin two-dimensional (2D) material (Vout, Fig. 1, first sensing layer 111, second sensing layer 112, and third sensing layer 113, Paragraphs 0045-0048, Graphene is an atomically thin two-dimensional (2D) material.).
These arts are analogous since they are both related to stacked image sensors. 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 Miao with the teaching of using graphene in the image sensor layers as seen in Vout since graphene absorbs photons effectively in visible, infrared and ultraviolet frequencies and absorbs light very evenly in the whole visible light spectrum (Vout, Paragraph 0055).
Regarding claim 110, the combination of Miao and Vout teaches the image sensor of claim 109 (see claim 109 analysis), wherein:
the first color filter layer substantially allows a first range of wavelengths of light to pass therethrough (Miao, Fig. 1, Column 3, Lines 42-62, The first range may be wavelengths longer than 590nm.) and
the second color filter layer substantially allows the first range of wavelengths of light and a second range of wavelengths of light to pass therethrough (Miao, Fig. 1, Column 3, Lines 42-62, The second range may be wavelengths between 495nm and 590nm.).
Regarding claim 205, the combination of Miao and Vout teaches the image sensor of claim 109 (see claim 109 analysis), wherein the atomically thin 2D material comprises graphene (Vout, Fig. 1, Paragraphs 0045-0048).
Claim(s) 3, 6-7, 25 and 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Miao et al. (US 9,184,198 B1) in view of Voutilainen et al. (US 2011/0315949 A1) in view of Iwasaki (US 2003/0209651 A1) in view of Hasegawa et al. (US 2018/0151625 A1).
Regarding claim 3, the combination of Miao and Vout teaches the image sensor of claim 1 (see claim 1 analysis). However, the combination of Miao and Vout does not teach wherein the first color filter layer allows substantially green light to pass therethrough.
In reference to Iwasaki, Iwasaki teaches a stacked image sensor wherein the a first image sensor layer is configured to detect green light, a second image sensor layer is configured to red light and a third image sensor layer is configured to detect blue light (Iwasaki, Fig. 5E, Paragraphs 0072).
These arts are analogous since they are both related to imaging devices with stacked detection layers. 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 Miao and Vout with the teaching of having the detection layers in the order of B, R, G from top to bottom as seen in Iwasaki since it is a known variation of a possible order of measuring RGB wavelengths in a stacked image sensor.
However, the combination of Miao, Vout and Iwasaki does not teach the first color filter layer allows substantially green light to pass therethrough.
In reference to Hasegawa et al. (hereafter referred as Hasegawa), Hasegawa teaches a color filter layer that allows substantially green light to pass therethrough (Hasegawa, Fig. 1B, color filter 6G, Paragraph 0049).
These arts are analogous since they are all related to color imaging devices. 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 Miao, Vout and Iwasaki with the green color filter as seen in Hasegawa as the first color filter layer to allow the first color filter layer to pass green light and block red light to thereby allow for the sensor layer detection order as seen in Iwasaki (Fig. 5E).
Claim 25 is rejected for the same reasons as claim 3.
Regarding claim 6, the combination of Miao, Vout, Iwasaki and Hasegawa teaches the image sensor of claim 3 (see claim 3 analysis), wherein the first color filter layer blocks substantially red light from passing therethrough (Hasegawa, Fig. 1B, color filter 6G, Paragraph 0049).
Claim 28 is rejected for the same reasons as claim 6.
Regarding claim 7, the combination of Miao, Vout, Iwasaki and Hasegawa teaches the image sensor of claim 3 (see claim 3 analysis), wherein the first color filter layer substantially blocks light above a wavelength of about 610 nm from passing therethrough (Hasegawa, Fig. 1B, color filter 6G, Paragraph 0049).
Claim(s) 23-24, 26 and 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Voutilainen et al. (US 2011/0315949 A1) in view of Miao et al. (US 9,184,198 B1).
Regarding claim 23, Voutilainen et al. (hereafter referred as Vout), teaches an image sensor (Vout, Fig. 1-3) comprising:
a first imaging sensor layer, wherein the first imaging sensor layer comprises an atomically thin two-dimensional (2D) material (Vout, Figs. 1-3, third sensing layer 113, Paragraphs 0048-0049, Graphene is an atomically thin 2D material.);
a first color filter layer disposed over the first imaging sensor layer (Vout, color filter 122, Paragraph 0048-0049);
a second imaging sensor layer disposed over the first color filter layer, wherein the second imaging sensor layer is substantially transparent, and wherein the second imaging sensor layer comprises the atomically thin 2D material (Vout, Figs. 1-3, second sensing layer 112, Paragraphs 0047-0048);
a second color filter layer disposed over the second imaging sensor layer (Vout, color filter 121, Paragraph 0047-0049); and
a third imaging sensor layer disposed over the second color filter layer, wherein the third imaging sensor layer is substantially transparent, and wherein the third imaging sensor layer comprises the atomically thin 2D material (Vout, Figs. 1-3, third sensing layer 111, Paragraphs 0046-0047).
However, Vout does not teach A method of capturing an image with an image sensor operatively connected to control circuitry, the method comprises: measuring, at the control circuitry, properties of light received at the first imaging sensor layer, the second imaging sensor layer, and the third imaging sensor layer; reconstructing, at the control circuitry, a substantially red component, a substantially green component, and a substantially blue component of each pixel based at least in part on the measured properties of light received at the first imaging sensor layer, the second imaging sensor layer, and the third imaging sensor layer; and causing to be output full-color pixel data of each pixel or pixel location based at least in part on the substantially red component, the substantially green component, and the substantially blue component.
In reference to Miao, Miao teaches a method comprises: measuring, at the control circuitry (Miao, Fig. 1, control circuitry 140 and output 125), properties of light received at the first imaging sensor layer, the second imaging sensor layer, and the third imaging sensor layer (Miao, Column 5, Lines 1-15);
reconstructing, at the control circuitry, a substantially red component, a substantially green component, and a substantially blue component of each pixel based at least in part on the measured properties of light received at the first imaging sensor layer, the second imaging sensor layer, and the third imaging sensor layer (Miao, Column 5, Lines 16-39, “image data streams originating from each image sensor layer 115 represents a single color channel carrying color-specific image data captured in a single spectral band”); and
causing to be output full-color pixel data of each pixel or pixel location based at least in part on the substantially red component, the substantially green component, and the substantially blue component (Miao, Column 3, Lines 11-18, Column 5, Lines 16-39, “This post image processing may include combining the individual image datasets into a single full color image file”).
These arts are analogous since they are both related to stacked image sensors. 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 Vout with the readout and image generation method as seen in Miao to allow the device to output images captured by the sensor.
Regarding claim 24, the combination of Vout and Miao teaches the method of claim 23 (see claim 23 analysis), wherein:
the first color filter layer substantially allows a first range of wavelengths of light to pass therethrough (Vout, color filter 122, Paragraph 0048-0049, Color filter 122 passes red and reflects green.), and
the second color filter layer substantially allows the first range of wavelengths of light and a second range of wavelengths of light to pass therethrough (Vout, color filter 121, Paragraph 0047-0049, Color filter 121 passes red and green and reflects blue.).
Regarding claim 26, the combination of Vout and Miao teaches the method of claim 23 (see claim 23 analysis), wherein the second color filter layer allows substantially red light to pass therethrough (Vout, color filter 121, Paragraph 0047-0049, Color filter 121 passes red and green and reflects blue.).
Regarding claim 27, the combination of Vout and Miao teaches the method of claim 23 (see claim 23 analysis), wherein:
the first color filter layer substantially blocks a first range of wavelengths of light from passing therethrough (Vout, color filter 122, Paragraph 0048-0049, Color filter 122 passes red and blocks green.), and
the second color filter layer substantially blocks a second range of wavelengths of light from passing therethrough. (Vout, color filter 121, Paragraph 0047-0049, Color filter 121 passes red and green and blocks blue.).
Claim(s) 109-110 and 206 is/are rejected under 35 U.S.C. 103 as being unpatentable over Miao et al. (US 9,184,198 B1) in view of Jo et al. (US 2018/0130843 A1).
Regarding claim 109, Miao teaches an image sensor (Miao, Fig. 1) comprising:
a first transparent sensor layer (Miao, Fig. 1, image sensor layer 115B, Column 2, Lines 60-67, Column 3, Lines 42-62, The image sensor layers allow light to pass through and are considered to be substantially transparent);
a first color filter layer (Miao, Fig. 1, optical filter layer 120A, Column 3, Lines 42-62);
a second transparent sensor layer (Miao, Fig. 1, image sensor layer 115C, Column 2, Lines 60-67, Column 3, Lines 42-62, The image sensor layers allow light to pass through and are considered to be substantially transparent); and
a second color filter layer (Miao, Fig. 1, optical filter layer 120B, Column 3, Lines 42-62),
wherein the first transparent sensor layer, the first color filter layer, the second transparent sensor layer, and the second color filter layer are provided in a stack (Miao, Fig. 1).
However, Miao does not teach wherein the first transparent sensor layer, and the second transparent sensor layer comprises an atomically thin two-dimensional (2D) material.
In reference to Jo et al. (hereafter referred as Jo), Jo teaches wherein a first transparent sensor layer and a second transparent sensor layer, comprises an atomically thin two-dimensional (2D) material (Jo, Fig. 1, first and second photodetection layers 121 and 122, Paragraph 0047-0049, transition metal dichalcogenides (TMDC) are an atomically thin two-dimensional (2D) material).
These arts are analogous since they are both related to stacked image sensors. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the invention of Miao with the teaching of using a transition metal dichalcogenides (TMDC) in the image sensor layers as seen in Jo.
"A person of ordinary skill has good reason to pursue the known options within his or her technical grasp. If this leads to the anticipated success, it is likely the product not of innovation but of ordinary skill and common sense" KSR International Co. v. Teleflex Inc., 550 U.S. _, 82 USPQ2d 1385 (2007).
It would have been obvious to a person of ordinary skill, when pursuing the known options within his or her technical grasp (See KSR International Co. v. Teleflex Inc., 550 U.S. _, 82 USPQ2d 1385 (2007)), to have modified the invention of Miao with the teaching of using a transition metal dichalcogenides (TMDC) in the image sensor layers as seen in Jo since is it a known material in creating a photodetection layer and would provide similar and expected results as a photodetection layer.
Regarding claim 110, the combination of Miao and Jo teaches the image sensor of claim 109 (see claim 109 analysis), wherein:
the first color filter layer substantially allows a first range of wavelengths of light to pass therethrough (Miao, Fig. 1, Column 3, Lines 42-62, The first range may be wavelengths longer than 590nm.) and
the second color filter layer substantially allows the first range of wavelengths of light and a second range of wavelengths of light to pass therethrough (Miao, Fig. 1, Column 3, Lines 42-62, The second range may be wavelengths between 495nm and 590nm.).
Regarding claim 206, the combination of Miao and Jo teaches the image sensor of claim 109 (see claim 109 analysis), wherein the atomically thin 2D material comprises one or more transition metal dichalcogenides (TMDs) (Jo, Fig. 1, Paragraph 0047-0049).
Claim(s) 207 is/are rejected under 35 U.S.C. 103 as being unpatentable over Miao et al. (US 9,184,198 B1) in view of Voutilainen et al. (US 2011/0315949 A1) in view of Norris et al. (US 2017/0237918 A1).
Regarding claim 207, the combination of Miao and Vout teaches the image sensor of claim 109 (see claim 109 analysis). However, the combination of Miao and Vout does not teach wherein an optical transparency of the image sensor is greater than 93%.
In reference to Norris et al. (hereafter referred as Norris), Norris teaches wherein an optical transparency of the image sensor is greater than 93% (Norris, Fig. 1, Paragraphs 0028 and 0031, “the transparent photodetectors have transparency greater than fifty percent (and preferably >85%)”).
These arts are analogous since they are all related to stacked image sensors. 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 Miao and Vout with the teaching of image sensor layers having transparency greater 85% as seen in Norris to allow the greatest amount of light to pass to subsequent image sensor layers.
Claim(s) 207 is/are rejected under 35 U.S.C. 103 as being unpatentable over Voutilainen et al. (US 2011/0315949 A1) in view of Norris et al. (US 2017/0237918 A1).
Alternatively, regarding claim 207, Vout teaches the image sensor of claim 109 (see claim 109 analysis). However, Vout does not teach wherein an optical transparency of the image sensor is greater than 93%.
In reference to Norris et al. (hereafter referred as Norris), Norris teaches wherein an optical transparency of the image sensor is greater than 93% (Norris, Fig. 1, Paragraphs 0028 and 0031, “the transparent photodetectors have transparency greater than fifty percent (and preferably >85%)”).
These arts are analogous since they are all related to stacked image sensors. 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 Vout with the teaching of image sensor layers having transparency greater 85% as seen in Norris to allow the greatest amount of light to pass to subsequent image sensor layers.
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.
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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