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 .
DETAILED ACTION
Priority
1. Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Information Disclosure Statement
2. The information disclosure statement (IDS) submitted on 10/10/24 has been entered. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
3. The drawings filed on 10/10/2024. These drawings are acceptable.
Claim/Specification Objections
4. The disclosure is objected to because of the following informalities:
Claims 1-25, The term "phase transition material layer" is unclear. Usually, a substance can undergo some phase transition, and the mode of the phase transition and the state and properties of each phase before and after the transition vary depending on the substance, and thus, it is unclear what type of material that causes the phase transition of the "phase transition material layer" recited in the claims is made of. In addition, Applicant’s pub. No. 2025/0327704, paragraph [0091] discloses “The material of phase-transition material layer 6 is desirably a material that undergoes a phase transition and changes its resistance for the electromagnetic wave (temperature) of the detection wavelength”. It is unclear that the "phase transition material layer" includes a material other than the desired configuration, and if it includes a material other than the desired configuration, it is unclear what kind of material such a phase transition material layer is made of. Therefore, the term "phase transition material layer" is unclear.
Further, the claims/specification do not specify/explain the structural/functional relations of the thermoelectric material layer and the phase transition material layer. In the other words, how can the thermoelectric material layer convert the input electrical energy into thermal energy? and how can it output? How can the input thermal energy being converted into electrical energy? and can it output? What kind of phase transition does the phase transition material layer cause?
Therefore, the invention according to the current claims/specification is unclear.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
5. 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 of this title, 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.
6. Claim(s) 1, 9-10, 12, 15, 20-21, 24-25, is/are rejected under 35 U.S.C. 103 as being unpatentable over Kabasawa et al. (Pub. No. 2016/0155927) in view of Sarwat et al. (U.S. Pub. No. 2020/0209059). Hereafter “Kabasawa” and “Sarwat”.
Regarding Claim(s) 1, Kabasawa discloses an electromagnetic wave detector (Abstract; Figure 1) comprising:
a heat-absorbing layer including a thermoelectric material layer ([0301], the detecting portion 101B may include a heat absorbing layer (not shown), and heat can be more efficiently transmitted to the thermoelectric conversion layer 123B via a heat absorbing layer);
an insulating film disposed on part of the heat-absorbing layer ([0120]; [0126], lines 4-6; [0301], the detecting portion 101B may include a heat absorbing layer (not shown), and heat absorbing layer can also function as an insulating protection film for the detecting portion 101B; Figure 6, insulating film 247, 232, 257; Figure 28, insulating film 114B);
a two-dimensional material layer disposed on the heat-absorbing layer and the insulating film and electrically connected to the heat-absorbing layer (figure 28, supporting portion 102B is not different from a two-dimensional material layer disposed on the heat-absorbing layer (not shown) of the detecting portion 101B and the insulating film 114B; [0301]); and
a first electrode portion disposed on the insulating film and electrically connected to the heat-absorbing layer with the two-dimensional material layer in between (figure 28, first electrode 121B, the heat-absorbing layer (not shown), supporting portion 102B is not different from a two-dimensional material layer, the insulating film 114B), wherein
the thermoelectric material layer is configured such that thermoelectric conversion is generated upon irradiation with an electromagnetic wave ([0034, 0298, 0299, 0300, 0301, 0313, 0319]; Figure 28, thermoelectric material layer 123B),
a heat-absorbing layer including a phase-transition material layer, and thermoelectric material layer is electrically connected to the phase-transition material layer, ([0301], the detecting portion 101B may include a heat absorbing layer (not shown) arranged on each of the first and second electrodes 121B and 122B; Figure 28, thermoelectric material 123B is electrically connected to supporting layers 111B, 112B via electrode 122B. The first supporting layer 111B or the second supporting layer 112B could be considered as a phase-transition material layer. Please see Claim/Specification Objection in paragraph 4 above).
However, Kabasawa does not disclose the phase-transition material layer is configured such that a phase transition is undergone and its resistance is changed upon irradiation with an electromagnetic wave. Sarwat teaches a phase transition is undergone and its resistance is changed upon irradiation with an electromagnetic wave ([0021, 0075]; Figure 2). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to modify Kabasawa by having a phase transition is undergone and its resistance is changed upon irradiation in order to adjust the bias voltage to vary the dynamic range of the detector, (Sarwat, ([0021, 0075]; Figure 2).
Regarding Claim(s) 9, Kabasawa and Sarwat disclose the claimed invention except for the first electrode portion includes a first portion and a second portion disposed apart from the first portion, the first portion is connected to a first end of the two-dimensional material layer and forms a source electrode, and the second portion is connected to a second end of the two-dimensional material layer and forms a drain electrode. Kabasawa discloses the first electrode portion includes a first portion and a second portion disposed apart from the first portion, the first portion is connected to a first end of the two-dimensional material layer and forms a source electrode, and the second portion is connected to a second end of the two-dimensional material layer and forms a drain electrode (the following figure 28, a first portion 121B1 is connected to a first end of the two-dimensional material layer 102B and forms a source electrode, a second portion 121B2 is connected to a second end of the two-dimensional material layer 102B and forms a drain electrode).
Regarding Claim(s) 10, Kabasawa and Sarwat disclose the claimed invention except for a tunnel insulating layer, wherein the tunnel insulating layer is wedged between the two-dimensional material layer and the heat-absorbing layer. Kabasawa discloses a tunnel insulating layer, wherein the tunnel insulating layer is wedged between the two-dimensional material layer and the heat-absorbing layer ([0132]; Figure 6, tunnel insulating layer 247; [0132], lines 9-11; Figure 28, insulating film 114B is not different from a tunnel insulating layer, supporting portions 102B is not different from two-dimensional material layer, a detection portion 101B; [0301], the detecting portion 101B may include a heat absorbing layer (not shown)).
Regarding Claim(s) 12, Kabasawa and Sarwat disclose the claimed invention except for the two-dimensional material layer is electrically connected to the heat- absorbing layer with the connecting conductor in between. Kabasawa discloses the two-dimensional material layer is electrically connected to the heat- absorbing layer with the connecting conductor in between (figure 28, the supporting portion 102B is not different from two-dimensional material layer which is electrically connected to thermoelectric layer 123B; wherein, thermoelectric layer is a portion of the heat- absorbing layer. Therefore, the two-dimensional material layer 102B is electrically connected to the heat- absorbing layer; [0301]).
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Regarding Claim(s) 15, Kabasawa and Sarwat disclose the claimed invention except for a plurality of uneven portions are provided on a surface of the heat-absorbing layer. Kabasawa discloses plurality of uneven portions are provided on a surface of the heat-absorbing layer ([0301]; Figure 28, thermoelectric layer 123B is a portion of the heat- absorbing layer; and plurality of uneven portions are provided on a surface of thermoelectric layer 123B).
Regarding Claim(s) 20-21, Kabasawa and Sarwat disclose the claimed invention except for the thermoelectric material layer includes at least any of a bismuth-telluride-based thermoelectric semiconductor material, a telluride-based thermoelectric semiconductor material, and a silicon-germanium-based thermoelectric semiconductor material; wherein the two-dimensional material layer includes a monolayer graphene, a multilayer graphene, a turbostratic stacking graphene, or a plurality of two-dimensional material layers, and has a multilayer structure including two or more selected from these materials. It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify method or device with a known material since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for intended use as a matter of obvious design choice. in re Leshin, 125 USPQ 416.
Regarding Claim(s) 24-25, Kabasawa and Sarwat disclose the claimed invention except for plurality of the electromagnetic wave detectors, the electromagnetic wave detector includes a readout circuit. Kabasawa discloses plurality of the electromagnetic wave detectors (figure 26, plurality detectors 100B), the electromagnetic wave detector includes a readout circuit ([0134], lines 6-7; [0210, 0211]).
7. Claim(s) 2, 17, is/are rejected under 35 U.S.C. 103 as being unpatentable over Kabasawa et al. (Pub. No. 2016/0155927) in view of Sarwat et al. (U.S. Pub. No. 2020/0209059), further in view of Shaikh et al. (U.S. Pub. No. 2020/0294884). Hereafter “Kabasawa”, “Sarwat”, “Shaikh”.
Regarding Claim(s) 2, Kabasawa and Sarwat disclose the claimed invention except for the thermoelectric material layer is disposed to bring a heat generation portion into thermal contact with the phase-transition material layer, the heat generation portion generating heat by a Peltier effect. Shaikh discloses the thermoelectric material layer is disposed to bring a heat generation portion into thermal contact with the phase-transition material layer, the heat generation portion generating heat by a Peltier effect, ([0051, 0052, 0059]. Please see Claim/Specification Objection for wording the phase-transition material layer in paragraph 4 above). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to modify Kabasawa and Sarwat by generating heat by a Peltier effect in order to create hot and cold junctions (Shaikh, [0051, 0052, 0059]).
Regarding Claim(s) 17, Kabasawa and Sarwat disclose the claimed invention except for the heat-absorbing layer includes a heat-absorbing material or a cooling material, and the heat-absorbing material or the cooling material is provided on a surface of the heat-absorbing layer. Shaikh discloses the heat-absorbing layer includes a heat-absorbing material or a cooling material, and the heat-absorbing material or the cooling material is provided on a surface of the heat-absorbing layer, ([0107]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to modify Kabasawa and Sarwat by having the heat-absorbing material or the cooling material is provided on a surface of the heat-absorbing layer in order to embed thermal interface layer, (Shaikh, [0107]).
8. Claim(s) 7-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kabasawa et al. (Pub. No. 2016/0155927) in view of Sarwat et al. (U.S. Pub. No. 2020/0209059), further in view of Pancheri et al. (U.S. Pub. No. 2004/0123489). Hereafter “Kabasawa”, “Sarwat”, “Pancheri”.
Regarding Claim(s) 7-8, Kabasawa and Sarwat disclose the claimed invention except for an air gap is provided below the two-dimensional material layer, or below the heat-absorbing layer. Pancheri discloses an air gap is provided below the two-dimensional material layer, ([0039], lines 10-13; [0048], lines 9-13; [0114]. Insulating material provided below the two-dimensional material layer, or the heat-absorbing layer comprising air gap). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to modify Kabasawa and Sarwat by having air gap being provided below the two-dimensional material layer in order to create a multi-layered insulating material, (Pancheri, [0039], lines 10-13; [0114]).
9. Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kabasawa et al. (Pub. No. 2016/0155927) in view of Sarwat et al. (U.S. Pub. No. 2020/0209059), further in view of Chen et al. (U.S. Pub. No. 2022/0246818). Hereafter “Kabasawa”, “Sarwat”, “Chen”.
Regarding Claim(s) 18, Kabasawa and Sarwat disclose the claimed invention except for at least one first thermoelectric material layer and at least one second thermoelectric material layer having a conductivity type different from that of the first thermoelectric material layer, and the at least one first thermoelectric material layer is electrically connected to the at least one second thermoelectric material layer. Chen discloses at least one first thermoelectric material layer and at least one second thermoelectric material layer having a conductivity type different from that of the first thermoelectric material layer, and the at least one first thermoelectric material layer is electrically connected to the at least one second thermoelectric material layer ([0095, 0107]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to modify Kabasawa and Sarwat by having first thermoelectric material layer and second thermoelectric material layer, in order to create the formation of the thermal control efficiently, (Chen, [0094]).
10. Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kabasawa et al. (Pub. No. 2016/0155927) in view of Sarwat et al. (U.S. Pub. No. 2020/0209059), further in view of Chen et al. (U.S. Pub. No. 2022/0246818), further in view of Huang et al. (U.S. Pub. No. 2022/0278264). Hereafter “Kabasawa”, “Sarwat”, “Chen”, “Huang”.
Regarding Claim(s) 19, Kabasawa and Sarwat and Chen disclose the claimed invention except for the at least one first thermoelectric material layer includes two or more first thermoelectric material layers, and the at least one second thermoelectric material layer includes two or more second thermoelectric material layers. Huang discloses first/second thermoelectric material layer includes two or more first/second thermoelectric material layers ([0046], thermoelectric materials is not different from first/second thermoelectric material layer, defining more ionic thermoelectric sensing layers is not different from including two or more first/second thermoelectric material layers). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to modify Kabasawa and Sarwat and Chen by having thermoelectric material layer includes two or more thermoelectric material layers, in order to facilitate thermal sensing efficiently, (Huang, Abstract).
Allowable Subject Matter
11. Claims 3-6, 11, 13-14, 16, 22-23, 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, and if the Claim/Specification Objection were overcome.
12. The following is a statement of reasons for the indication of allowable subject matter: there was no prior art found by the examiner that suggested modification or combination with the cited art so as to satisfy the combination of all the limitations in claims 1, 2, 3, or 1, 15, 16.
13. As claim 3, the prior art of record taken alone or in combination, fails to disclose or render obvious an electromagnetic wave detector comprising a heat-absorbing layer including a thermoelectric material layer and a phase-transition material layer; a two-dimensional material layer disposed on the heat-absorbing layer and the insulating film; and a first electrode portion disposed on the insulating film and electrically connected to the heat-absorbing layer with the two-dimensional material layer in between, wherein a phase transition is undergone and its resistance is changed upon irradiation with an electromagnetic wave, the thermoelectric material layer is electrically connected to the phase-transition material layer; wherein the heat generation portion generating heat by a Peltier effect; wherein a resistance value of the phase-transition material layer decreases upon irradiation with an electromagnetic wave, and a current flows through the thermoelectric material layer upon injection of a charge into the thermoelectric material layer from the phase-transition material layer; in combination with the rest of the limitations of claims 1, 2, and 3.
14. As claim 16, the prior art of record taken alone or in combination, fails to disclose or render obvious an electromagnetic wave detector comprising a heat-absorbing layer including a thermoelectric material layer and a phase-transition material layer; a two-dimensional material layer disposed on the heat-absorbing layer and the insulating film; and a first electrode portion disposed on the insulating film and electrically connected to the heat-absorbing layer with the two-dimensional material layer in between, wherein a phase transition is undergone and its resistance is changed upon irradiation with an electromagnetic wave, the thermoelectric material layer is electrically connected to the phase-transition material layer; a plurality of uneven portions are provided on a surface of the heat-absorbing layer; wherein a pattern that generates surface plasmon resonance is provided on a surface of the heat-absorbing layer; in combination with the rest of the limitations of claims 1, 15, and 16.
Fax/Telephone Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TRI T TON whose telephone number is (571)272-9064. The examiner can normally be reached on 8am-4pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michelle Iacoletti can be reached on (571)270-5789. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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May 20, 2026
/Tri T Ton/
Primary Examiner Art Unit 2877
