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 .
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 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.
Priority
Acknowledgment is made of applicant's claim for foreign priority under 35 U.S.C. 119(a)-(d). The certified copy of Japanese patent application number 2023-140273, filed on August 30, 2023, has been received and made of record.
Information Disclosure Statement
The information disclosure statements (lDS) submitted on August 26, 2024 and December 19, 2024 are in compliance with the provisions of 37 CFR 1.97 and have been considered by the Examiner.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “signal processing unit”, “control unit”, “control apparatus”, “processing apparatus”, “display apparatus”, “storage apparatus”, and “mechanical apparatus” in claims 18-20.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 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, 14-16, and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Tsukuda (US Pub. 2024/0012150), in view of Ota et al. (US Pub. 2022/0115366).
In regard to claim 1, note Tsukuda discloses a photoelectric conversion apparatus comprising a first substrate including an avalanche photodiode (paragraphs 0103-0106, and figure 9: 61, 51; the first substrate 61 includes the avalanche photodiodes 51), a second substrate, a third substrate (paragraphs 0103-0106, and figure 9: 62, 63), and wherein a signal processing circuit configured to process a signal output from the avalanche photodiode is arranged in at least parts of the second substrate and the third substrate (paragraphs 0103-0106, and figure 9: 62, 63, 52/58/59; the signal processing circuitry 52/58/59 is divided across the second and third substrates, 62 and 63), the first substrate, the second substrate, and the third substrate are stacked such that the second substrate is arranged between the first substrate and the third substrate (paragraphs 0103-0106, and figure 9: 61, 62, 63).
Therefore, it can be seen that the primary reference fails to explicitly disclose a temperature detection element having an output characteristic dependent on temperature, and the temperature detection element is arranged in one of the first substrate and the second substrate.
In analogous art, Ota discloses an imaging device having a temperature detection element having an output characteristic dependent on temperature, wherein the temperature detection element is arranged in one of the first substrate and the second substrate (paragraph 0065, and figures 4, 7, 9, 11, 13: 11, 12, 14; the temperature sensor 14 is arranged in one of the first and second substrates 11 and 12). Ota teaches that the use of a temperature detection element having an output characteristic dependent on temperature, wherein the temperature detection element is arranged in one of the first substrate and the second substrate is preferred in order to monitor the temperature of the image sensor, and control output characteristic of the avalanche photodiode by controlling the bias voltage to compensate for temperature changes (paragraphs 0002-0003). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the primary reference to include a temperature detection element having an output characteristic dependent on temperature, and wherein the temperature detection element is arranged in one of the first substrate and the second substrate, in order to monitor the temperature of the image sensor, and control output characteristic of the avalanche photodiode by controlling the bias voltage to compensate for temperature changes, as suggested by Ota.
In regard to claim 14, note Tsukuda discloses a first signal processing circuit arranged in the second substrate among the signal processing circuits comprises a transistor supplied with a power supply voltage higher than a power supply voltage supplied to a second signal processing circuit arranged in the third substrate among the signal processing circuits (paragraphs 0104-0109, and figure 9: 57/58; the transistor supplies a higher voltage to the avalanche photodiode).
In regard to claim 15, note Ota discloses that the temperature detection element includes a diode (paragraph 0067, and figures 4, 7, 9, 11, 13: 14).
In regard to claim 16, note the primary reference of Tsukuda in view of Ota discloses the apparatus, as discussed with respect to claim 15 above. Therefore, it can be seen that the primary reference fails to explicitly disclose that in a planar view, the diode is larger than the avalanche photodiode. However, the Examiner notes that it would have been an obvious matter of design choice to increase the size of the diode, since such a modification would have involved a mere change in the size of a component. Especially since a change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
In regard to claim 18, note Tsukuda discloses equipment comprising the photoelectric conversion apparatus according to claim 1, and a signal processing unit configured to generate an image using a signal output from the photoelectric conversion apparatus (paragraphs 0105, 0136).
In regard to claim 19, note Tsukuda discloses a moving body (figures 23-24) that comprises the photoelectric conversion apparatus according to claim 1, comprising a control unit configured to control movement of the moving body using a signal output by the photoelectric conversion apparatus (paragraphs 0146-0147, 0153, 0158-0159, 0173, and figures 23-24).
In regard to claim 20, note Tsukuda discloses equipment that comprises the photoelectric conversion apparatus according to claim 1, further comprising at least any of an optical apparatus corresponding to the photoelectric conversion apparatus, a control apparatus configured to control the photoelectric conversion apparatus, a processing apparatus configured to process a signal output from the photoelectric conversion apparatus, a display apparatus configured to display information obtained by the photoelectric conversion apparatus, a storage apparatus configured to store information obtained by the photoelectric conversion apparatus, and a mechanical apparatus configured to operate based on information obtained by the photoelectric conversion apparatus (paragraphs 0177-0180, 0188-0194, and figures 25-26; the surgical/endoscopic apparatus is considered include the photoelectric conversion apparatus along with the components).
Allowable Subject Matter
Claims 2-13 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 17 is allowed.
The following is a statement of reasons for the indication of allowable subject matter:
As for claim 17, the prior art does not teach or fairly suggest the use of a photoelectric conversion apparatus comprising a first substrate including an avalanche photodiode, a second substrate including a signal processing circuit configured to process a signal output from the avalanche photodiode, and a temperature detection element having an output characteristic dependent on temperature, wherein the first substrate and the second substrate are stacked, the temperature detection element is arranged in the first substrate, the first substrate comprises a first semiconductor layer, and a first insulating layer arranged between the first semiconductor layer and the second substrate, the second substrate comprises a second semiconductor layer, and a second insulating layer arranged between the second semiconductor layer and the first insulating layer, the first substrate and the second substrate are bonded via a plurality of bonded portions, in each of the plurality of bonded portions, a metal pattern arranged in a surface of the first insulating layer facing the second substrate is in contact with a metal pattern arranged in a surface of the second insulating layer facing the first substrate, a bonded face between the first substrate and the second substrate includes a first region where, among the plurality of bonded portions, not less than one bonded portion in contact with a metal plug is arranged, and a second region where, among the plurality of bonded portions, not less than one bonded portion in contact with no metal plug is arranged, and in an orthogonal projection to the bonded face, the temperature detection element is arranged at a position overlapping the second region, in conjunction with the other limitations of the claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2022/0182523: note the use of an imaging device that includes an array of avalanche photodiodes and a temperature sensor, wherein various components are formed on different substrates that are stacked.
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/CHRISS S YODER III/Examiner, Art Unit 2638