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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: “31A” in Fig. 4 and “38A” in Figs. 4, and 8-9.
Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 1-7 and 10-14 are rejected under 35 U.S.C. 103 as being unpatentable over Muroyama et al. (US 20190371862 A1) herein after “Muroyama” in view of Gong et al. (US 20150318481 A1) herein after “Gong”.
Regarding claim 1, Figs. 1B and 2 of Muroyama disclose a photoelectric conversion element (Fig. 2, a stacked-type imaging element, ¶ [0103]) comprising:
a first electrode (Fig. 1B, first electrode 11, ¶ [0079]);
a second electrode (Fig. 1B, second electrode, ¶ [0079]) disposed to be opposed to the first electrode (11); and
an organic layer (Fig. 1B, organic photoelectric conversion layer 13, first organic material layer (charge injection blocking layer) 14, second organic material layer (cohesion suppressing layer or diffusion prevention layer) 15, electron injection blocking layer 16, ¶ [0081]) provided between the first electrode (11) and the second electrode (12), the organic layer (13-16) having a carrier mobility of 10^-5 cm2/Vs or more and 10^-2 cm2/Vs or less (“It is desirable for the hole mobility of the hole transport material to be 1×10.sup.−5 cm.sup.2/V.Math.s or higher”, ¶ [0036]).
Muroyama fails to explicitly disclose a carrier lifetime of 0.010 μs or more and 1.0 μs or less, and a carrier range of 10 nm or more and 1 μm or less.
In the similar field of endeavor of organic polymer photo devices, Fig. 3 of Gong discloses a carrier lifetime of 0.010 μs or more and 1.0 μs or less (“a typical carrier lifetime of 100 ns”, ¶ [0004]).
It would have been obvious to one of ordinary skill in the art before the time of the effective filling date of the invention to modify the organic layer of Muroyama with the carrier lifetime as disclosed by Gong, to achieve desired levels of light absorption and carrier collection efficiency (see Gong, ¶ [0004]) and/or it has been held that “where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” See MPEP 2144.05, citing In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
Muroyama and Gong do not explicitly disclose a carrier range of 10 nm or more and 1 μm or less. However, it is known that the carrier range is determined by the product of carrier mobility, carrier lifetime and electric field intensity, which are all disclosed by the combination of Muroyama and Gong. Therefore, the Examiner asserts that the combination discloses a carrier range of 5 nm to 5 μm. This range overlaps with the claimed range.
In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. It would have been obvious to one of ordinary skill in the art to select any portion of the disclosed ranges including the instantly claimed ranges from the ranges disclosed in the prior art references. See MPEP 2144.05.
Regarding claim 2, Muroyama and Gong together disclose the photoelectric conversion element according to claim 1 as applied above, and Fig. 2 of Muroyama further discloses wherein an electric field intensity to be applied to the organic layer (13-16) is 10^4 V/cm or more and 10^6 V/cm or less (“a voltage equivalent to the electric field intensity of −5.0×10.sup.5 V/cm was applied to the second electrode”, ¶ [0097]).
Regarding claim 3, Muroyama and Gong together disclose the photoelectric conversion element according to claim 1 as applied above, and Fig. 2 of Muroyama further discloses wherein the organic layer (13-16) includes a p-buffer layer (16) having hole transportability (“The second charge injection blocking layer functions as an electron injection blocking layer. As materials forming the second charge injection blocking layer, a hole-accepting organic material can be used”, ¶ [0041]), a photoelectric conversion layer (13), and an n-buffer layer (14) having electron transportability (“the first organic material layer 14 is formed of a material having a naphthalene diimide (NDI) structure”, ¶ [0082]).
Regarding claim 4, Muroyama and Gong together disclose the photoelectric conversion element according to claim 3 as applied above, and Fig. 1B of Muroyama further discloses wherein the n-buffer layer (14), the photoelectric conversion layer (13), and the p-buffer layer (16) are stacked in this order from a side of the first electrode (11) or a side of the second electrode (12).
Regarding claim 5, Muroyama and Gong together disclose the photoelectric conversion element according to claim 3 as applied above, and Fig. 1B of Muroyama further discloses wherein
the carrier mobility and the carrier lifetime are hole mobility and a hole lifetime, respectively, in the p-buffer layer (16), and
the carrier mobility and the carrier lifetime are electron mobility and an electron lifetime, respectively, in the n-buffer layer (14) (“and the optical absorption organic semiconductor material, and thereby can generate hole and electron carriers. The generated carriers (holes and electrons) are transmitted to electrodes with high efficiency on the basis of high hole mobility of the hole transport material and high electron mobility of the electron transport material”, ¶ [0031]).
Regarding claim 6, Muroyama and Gong together disclose the photoelectric conversion element according to claim 3 as applied above, and Fig. 1B of Muroyama further discloses wherein the photoelectric conversion layer (13) includes a fullerene or a fullerene derivative (“the organic photoelectric conversion layer 13 is formed of a material having a bulk heterostructure including a hole transport material and an electron transport material… fullerene C60 was used as the electron transport material”, ¶ [0090]).
Regarding claim 7, Muroyama and Gong together disclose the photoelectric conversion element according to claim 3 as applied above, and Fig. 1B of Muroyama further discloses wherein the photoelectric conversion layer (13) further includes a coloring material that absorbs light in a predetermined wavelength region while transmitting light in another wavelength region (“organic pigment materials forming the organic photoelectric conversion layer that photoelectrically converts light having a wavelength of green”, ¶ [0044]).
Regarding claim 10, Figs. 1B, 2, and 6 of Muroyama disclose a photodetector comprising a plurality of pixels (Fig. 6, stacked-type imaging elements 101, ¶ [0130]) each including a photoelectric conversion element that includes one or a plurality of photoelectric conversion sections (11-16),
the photoelectric conversion section (11-16) including a first electrode (11),
a second electrode (12) disposed to be opposed to the first electrode (11), and
an organic layer (13-16) provided between the first electrode (11) and the second electrode (12), the organic layer (13-16) having a carrier mobility of 10^-5 cm2/Vs or more and 10^-2 cm2/Vs or less (“It is desirable for the hole mobility of the hole transport material to be 1×10.sup.−5 cm.sup.2/V.Math.s or higher”, ¶ [0036]).
Muroyama fails to explicitly disclose a carrier lifetime of 0.010 μs or more and 1.0 μs or less, and a carrier range of 10 nm or more and 1 μm or less.
In the similar field of endeavor of organic polymer photo devices, Fig. 3 of Gong discloses a carrier lifetime of 0.010 μs or more and 1.0 μs or less (“a typical carrier lifetime of 100 ns”, ¶ [0004]).
It would have been obvious to one of ordinary skill in the art before the time of the effective filling date of the invention to modify the organic layer of Muroyama with the carrier lifetime as disclosed by Gong, to achieve desired levels of light absorption and carrier collection efficiency (see Gong, ¶ [0004]) and/or it has been held that “where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” See MPEP 2144.05, citing In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
Muroyama and Gong do not explicitly disclose a carrier range of 10 nm or more and 1 μm or less. However, it is known that the carrier range is determined by the product of carrier mobility, carrier lifetime and electric field intensity, which are all disclosed by the combination of Muroyama and Gong. Therefore, the Examiner asserts that the combination discloses a carrier range of 5 nm to 5 μm. This range overlaps with the claimed range.
In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. It would have been obvious to one of ordinary skill in the art to select any portion of the disclosed ranges including the instantly claimed ranges from the ranges disclosed in the prior art references. See MPEP 2144.05.
Regarding claim 11, Muroyama and Gong together disclose the photoelectric conversion element according to claim 10 as applied above, and Fig. 2 of Muroyama further discloses wherein the photoelectric conversion element further includes one or a plurality of photoelectric conversion regions (Fig. 2, n-type semiconductor region 41, p.sup.+ layer 42, n-type semiconductor region 43, p.sup.+ layer 44, ¶ [0137]) that performs photoelectric conversion of a wavelength region (“a first-type green organic photoelectric conversion layer which absorbs green light and having sensitivity to green, a second-type conventional blue imaging element”, ¶ [0107]) different from the one or the plurality of photoelectric conversion sections (11-16).
Regarding claim 12, Muroyama and Gong together disclose the photoelectric conversion element according to claim 11 as applied above, and Fig. 2 of Muroyama further discloses wherein the one or the plurality of photoelectric conversion regions (41-44) is formed to be embedded in a semiconductor substrate (Fig. 2, semiconductor substrate 70, ¶ [0106]), and the one or the plurality of photoelectric conversion sections (11-16) is disposed on a side of a light incident surface (Fig. 2, “the light incidence surface of the semiconductor substrate 70 is defined as an above side”, ¶ [0106]) of the semiconductor substrate (70).
Regarding claim 13, Muroyama and Gong together disclose the photoelectric conversion element according to claim 12 as applied above, and Fig. 2 of Muroyama further discloses wherein a multilayer wiring layer (Fig. 2, wiring layer 62, ¶ [0106]) is formed on a surface of the semiconductor substrate (70) on a side opposite to the light incident surface.
Regarding claim 14, Figs. 1B, 2, 6, and 15 of Muroyama disclose an electronic apparatus (Fig. 15, electronic device 200, ¶ [0158]) comprising a photodetector (Fig. 15, solid-state imaging apparatus 201, ¶ [0158]), the photodetector (201) including a plurality of pixels each including a photoelectric conversion element (Fig. 15, “a solid-state imaging apparatus 201 formed of the imaging element and stacked-type imaging element”, ¶ [0158]) that includes one or a plurality of photoelectric conversion sections (11-16),
the photoelectric conversion section (11-16) including a first electrode (11),
a second electrode (12) disposed to be opposed to the first electrode (11), and
an organic layer (13-16) provided between the first electrode (11) and the second electrode (12), the organic layer (13-16) having a carrier mobility of 10^-5 cm2/Vs or more and 10^-2 cm2/Vs or less (“It is desirable for the hole mobility of the hole transport material to be 1×10.sup.−5 cm.sup.2/V.Math.s or higher”, ¶ [0036]).
Muroyama fails to explicitly disclose a carrier lifetime of 0.010 μs or more and 1.0 μs or less, and a carrier range of 10 nm or more and 1 μm or less.
In the similar field of endeavor of organic polymer photo devices, Fig. 3 of Gong discloses a carrier lifetime of 0.010 μs or more and 1.0 μs or less (“a typical carrier lifetime of 100 ns”, ¶ [0004]).
It would have been obvious to one of ordinary skill in the art before the time of the effective filling date of the invention to modify the organic layer of Muroyama with the carrier lifetime as disclosed by Gong, to achieve desired levels of light absorption and carrier collection efficiency (see Gong, ¶ [0004]) and/or it has been held that “where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” See MPEP 2144.05, citing In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
Muroyama and Gong do not explicitly disclose a carrier range of 10 nm or more and 1 μm or less. However, it is known that the carrier range is determined by the product of carrier mobility, carrier lifetime and electric field intensity, which are all disclosed by the combination of Muroyama and Gong. Therefore, the Examiner asserts that the combination discloses a carrier range of 5 nm to 5 μm. This range overlaps with the claimed range.
In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. It would have been obvious to one of ordinary skill in the art to select any portion of the disclosed ranges including the instantly claimed ranges from the ranges disclosed in the prior art references. See MPEP 2144.05.
Claims 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Muroyama (US 20190371862 A1) and Gong (US 20150318481 A1) in further view of Watanabe et al. (US 20200221042 A1) herein after “Watanabe”.
Regarding claim 8, Muroyama and Gong together disclose the photoelectric conversion element according to claim 1 as applied above, but the combination fails to disclose wherein the first electrode includes a plurality of electrodes independent of each other.
In the similar field of endeavor of solid-state imaging devices, Figs. 1-2 of Watanabe discloses wherein the first electrode (Fig. 1, lower electrode 21, ¶ [0069]) includes a plurality of electrodes independent of each other (Fig. 2, readout electrode 21A, accumulation electrode 21B, barrier adjustment electrode 21C, ¶ [0071]).
It would have been obvious to one of ordinary skill in the art before the time of the effective filling date of the invention to modify the first electrode of Muroyama with the plurality of electrodes as disclosed by Watanabe, to allow for different functionality (see Watanabe, ¶ [0086-0088]).
Regarding claim 9, Muroyama, Gong and Watanabe together disclose the photoelectric conversion element according to claim 8 as applied above, but Muroyama and Gong fail to disclose wherein respective voltages are applied individually to the plurality of electrodes.
In the similar field of endeavor of solid-state imaging devices, Fig. 3 of Watanabe discloses wherein respective voltages are applied individually to the plurality of electrodes (Fig. 3, “the plurality of electrodes each receive a separate voltage”, ¶ [0289]).
It would have been obvious to one of ordinary skill in the art before the time of the effective filling date of the invention to modify the first electrode of Muroyama with the plurality of electrodes as disclosed by Watanabe, to allow for different functionality (see Watanabe, ¶ [0086-0088]).
Conclusion
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/C.A.N./Examiner, Art Unit 2893
/YARA B GREEN/Supervisor Patent Examiner, Art Unit 2893
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