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 .
Claim Rejections - 35 USC § 102
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, 3, 4, 6, 7, 11-14, is/are rejected under 35 U.S.C. 102a1 as being anticipated by Zhao et al. (“Perfect RGB-IR Color Routers for Sub-Wavelength Size CMOS Image Sensor Pixels”).
Regarding claim 1, 3, 4, 6, 7, 11-14, Zhao et al. disclose () an image sensor comprising: a splitter (color router) comprising a block of structured dielectric material (pg. 2; “dielectrics”; pg. 3; “silicon oxide and silicon nitride”) with a plurality of nano-photonic geometric structures (pg. 3; “nonphotonic structure”) formed therein, an incident electromagnetic radiation split into a plurality of substantially parallel beams (rays in Fig. 1 in Si PD; pg. 4; zero optical crosstalk, functionally an anti-reflection coating, “perfectly direct the light to the silicon regions”) of spectrally distinct electromagnetic wavelength ranges (color separation shown in Fig. 1) by transmission through the plurality of nano-photonic geometric structures; the block having an input surface (incident surface) for receiving the incident electromagnetic radiation and an output surface (output surface) for transmitting the plurality of substantially parallel beams (Figs. 1 and 2.) of spectrally distinct electromagnetic wavelength ranges, the input surface and the output surface independently communicative (since same structure is disclosed, the surfaces are communicative as claimed ) with the plurality of nano-photonic geometric structures; a pixel (PD) configured photo-detector array providing an active layer surface receiving the plurality of substantially parallel beams of spectrally distinct electromagnetic wavelength ranges; the active layer surface oriented in facing opposition to the output surface of the block, a separation of the active layer surface and the output surface being less than 500 nanometers (Fig. 2 shows depth in microns, the nano structures are disposed on the active surface spaced << 500 nm). Zhao et al. also disclose (Fig. 4a) the splitter provides angular conservation in an angular range less than 20 degrees (15 degrees) and a total intensity is greater than 50% (pg. 3; .99 efficiency) as claimed. Zhao et al. also disclose a CMOS image sensor (see title), RGB wavelengths and a stack (pg. 3; “optical stack”) as claimed.
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) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhao et al.
Regarding claim 2, Zhao et al. disclose the claimed invention as set forth above. Zhao et al. also disclose (pg. 3;) the splitter provides near-field focus (“adds the functionality of an … ML.”) as claimed. Zhao et al. do not specifically disclose the minimum focus distance of less than 300 nm. However, choosing a particular focal distance is a matter of design choice. It would have been obvious to a person of ordinary skill in the art before the time of the effective filing of the invention to provide a small focal distance in the apparatus of Zhao et al. to provide a more compact image sensor as desired, known and predictable.
Regarding claims 15-20, Zhao et al. disclose the claimed invention as set forth above. Zhao et al. do not specifically disclose the details of the stack. However, choosing a particular stack structure is a matter of design choice. The stack can be divided into at least 3 or 4 layers, uniform or non-uniform thickness layers as claimed. It would have been obvious to a person of ordinary skill in the art before the time of the effective filing of the invention to provide such stack structures in the apparatus of Zhao et al. to make manufacturing easier or reduce complexity in generating the structures as desired, known and predictable.
Allowable Subject Matter
Claims 5, 8-10 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Blayvas (U.S. Patent 8,063,352) disclose a conventional color separation filter for an image sensor.
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/THANH LUU/Primary Examiner, Art Unit 2878