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 .
Response to Amendment
The amendment filed 06/26/2026 is acknowledged and entered. Claims 1-20 are pending.
The specification has been amended to overcome the previous specification objection, therefore, the previous specification objection is withdrawn.
Claim 15 has been amended to overcome the previous 112(a) rejection, therefore, the previous 112(a) rejection of claim 15 is withdrawn.
Response to Arguments
Applicant’s arguments, see pages 10-12, filed 06/26/2026, with respect to the rejection of claim 1 under 35 U.S.C. 102(a)(1) and 102(a)(2) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Xiaojin et al (“A High-Resolution Micro-circular-polarization-analyzer Array for Real-Time Active Circular Polarization Imaging”, November 2009, IEEE, pp.49-52).
Applicant’s arguments, see pages 13-15, filed 06/26/2026, with respect to the rejection of claim 14 under 35 U.S.C. 102(a)(1) and 102(a)(2) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Xiaojin et al (“A High-Resolution Micro-circular-polarization-analyzer Array for Real-Time Active Circular Polarization Imaging”, November 2009, IEEE, pp.49-52).
Applicant’s arguments, see pages 12-13, filed 06/26/2026, with respect to the rejection of claim 2 under 35 U.S.C. 102(a)(1) and 102(a)(2) has been fully considered and is persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Vercruysse (US 20200018684 A1).
Claim Rejections - 35 USC § 103
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 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, 4 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Akiyama (US 20210351217 A1) in view of Xiaojin et al (“A High-Resolution Micro-circular-polarization-analyzer Array for Real-Time Active Circular Polarization Imaging”, November 2009, IEEE, pp.49-52).
Regarding Claim 1, Akiyama teaches a detection device for detecting a backscattering light that is generated after a first circularly polarized light is emitted into a biosample, comprising:
a substrate (Fig. 16: silicon semiconductor substrate 31 [0166]) having a first photoelectric conversion element (Figs. 1 and 16: photoelectric conversion element 111) and a second photoelectric conversion element (Figs. 1 and 16: photoelectric conversion element 113);
a first filter (Fig. 16: first filter layer 711 [0189]) disposed above the first photoelectric conversion element (shown in Fig. 16 where element 71 is above the photoelectric conversion element units 10B1 to 10B4); and
a second filter (Fig. 16: second filter layer 712 [0190]) disposed above the second photoelectric conversion element (shown in Fig. 16 where element 71 is above the photoelectric conversion element units 10B1 to 10B4); wherein
the first photoelectric conversion element collects light with the same polarization direction as the first circularly polarized light ([0114]: Each photoelectric conversion unit is further capable of detecting a right-handed circularly polarized state or a left-handed circularly polarized state as the polarized state of the incident light.).
Akiyama appears to be silent to the second photoelectric conversion element collects light with opposite polarization direction to the first circularly polarized light.
Xiaojin et al, related to circular polarization imaging, does teach that the second photoelectric conversion element (Shown in annotated Fig. 3 below where the blank box representing a quarter wavelength micro-retarder with 90˚ fast axis in combination with a linear polarizer film and its corresponding photodetector is a second photoelectric conversion element; Page 50, Col. 1 last paragraph to Col. 2, 1st paragraph) collects light with opposite polarization direction to the first circularly polarized light (Shown in Figs. 1-3 and described on page 50, Col. 1, 2nd paragraph to, Col. 2, 1st paragraph: Incident light is a collimated circularly polarized light that can be left or right-handed. Both right-handed and left-handed circularly polarized components can be sensed simultaneously by the CMOS imager as shown in Fig. 3. Therefore, whether the incident collimated circularly polarized light is left or right-handed, the CMOS imager is capable of measuring both the same and opposite polarization direction as the incident light.).
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It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Akiyama so that the second photoelectric conversion element collects light with opposite polarization direction to the first circularly polarized light, as disclosed by Xiaojin et al. The advantage of the above-mentioned configuration is that right and left-handed circularly polarized components can be sensed simultaneously which allows for real-time active circular polarization imaging (Page 51, Col. 2, 2nd paragraph of Xiaojin et al).
Regarding Claim 4, Akiyama modified by Xiaojin et al teaches the detection device as claimed in claim 1.
Akiyama modified by Xiaojin et al further teaches a first linear polarizer (Akiyama, Figs. 16 and 18: wire grid polarizer 501 which is a type of linear polarizer) disposed above the first photoelectric conversion element (Akiyama, Figs. 16 and 18: wire grid polarizer 501 is above photoconversion element 111);
a second linear polarizer (Akiyama, Figs. 16 and 18: wire grid polarizer 503 which is a type of linear polarizer) disposed above the second photoelectric conversion element (Akiyama, Figs. 16 and 18: wire grid polarizer 503 is above photoconversion element 113), wherein the second linear polarizer is shifted 90 degrees from the first linear polarizer (Akiyama, shown in Fig. 18 and described in [0098-0100]);
a quarter-wave plate (Akiyama, Fig. 16: quarter wavelength layers 60 from Abstract) disposed above the first linear polarizer and the second linear polarizer (Akiyama, shown in Fig. 16 where element 60 is above element 50); and
a light-transmitting layer (Akiyama, Fig. 16: flattening film 35 which is transparent to incident light [0138] and [0166]) disposed between the first linear polarizer or the second linear polarizer and the quarter-wave plate (Akiyama, shown in Fig. 16 where element 35 is between elements 50 and 60),
wherein the first linear polarizer, the light-transmitting layer, and the quarter-wave plate form the first filter (Akiyama, Figs. 16 and 18: photoelectric conversion unit 10B1), and the second linear polarizer, the light-transmitting layer, and the quarter-wave plate form the second filter (Akiyama, Figs. 16 and 18: photoelectric conversion unit 10B3).
Regarding Claim 11, Akiyama modified by Xiaojin et al teaches the detection device as claimed in claim 1.
Akiyama modified by Xiaojin et al further teaches that there are a plurality of first photoelectric conversion elements (Akiyama, Figs. 1 and 16: photoelectric conversion elements 111 and 112) and a plurality of second photoelectric conversion elements (Akiyama, Figs. 1 and 16: photoelectric conversion elements 113 and 114) that are arranged in an array (Akiyama, [0152]: Plurality of photoelectric conversion elements can be arranged in different kinds of arrays.; [0182]: Photoelectric conversion element unit 10B includes four photoelectric conversion elements that has a 2x2 arrangement.), and there are a plurality of first filters disposed above the plurality of first photoelectric conversion elements and a plurality of second filters disposed above the plurality of second photoelectric conversion elements (Akiyama, Shown in Fig. 16 where there is a filter 71 for each section of photoelectric conversion unit 10B1 to 10B4 [0189-00192]).
Claims 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over Akiyama (US 2021/0351217 A1) in view of Xiaojin et al (“A High-Resolution Micro-circular-polarization-analyzer Array for Real-Time Active Circular Polarization Imaging”, November 2009, IEEE, pp.49-52) and further in view of Vercruysse (US 20200018684 A1).
Regarding Claim 2, Akiyama modified by Xiaojin et al teaches the detection device as claimed in claim 1.
Akiyama modified by Xiaojin et al further teaches a light-condensing structure (Akiyama, Fig. 16: microlens 81) disposed over the first filter and the second filter (Akiyama, Fig. 16: microlens 81 is disposed over filter layer 71 where the definition of over is “used as a function word to indicate motion or situation in a position higher than or above another” (taken from merriam-webster.com). As shown in Fig. 16, microlens 81 is above the filter layer 71.).
Akiyama modified by Xiaojin et al appears to be silent to having a cover plate disposed on the light-condensing structure.
Vercruysse, related to an optical detection system that can detect scattered light, does teach that a cover plate (Fig. 1: Si substrate 105 which may comprise a cover glass where a thin lens system 120-122 is provided on the cover glass ([0011] and [0054].) is disposed on the light-condensing structure (Shown in Fig. 1 where substrate 105 is on the thin lens system 120 which comprises thin film lenses 121-122). Paragraphs [0059] and [0084] of Vercruysse describe how the thin lens system 120 comprising of thin film lenses 121-122 can focus light into a single beam 111 or 112, therefore, the thin lens system 120 comprising of thin film lenses 121-122 is analogous to a light-condensing structure.
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Akiyama combined with Xiaojin et al to incorporate a cover plate that is disposed on the light-condensing structure, as disclosed by Vercruysse. The advantage of the above-mentioned configuration is that it can provide for a more compact and modular optical detector ([0005-0006] from Vercruysse).
Regarding Claim 3, Akiyama modified by Xiaojin et al teaches the detection device as claimed in claim 2.
Akiyama modified by Xiaojin et al further teaches that the light-condensing structure comprises microlenses (Vercruysse, Fig. 1: lens system 120 comprising thin film lenses 121-122 where the thin film lenses 121-122 can be microlenses as described in paragraphs [0056], [0060] and [0110].) or metalens.
Claims 5 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Akiyama (US 2021/0351217 A1) in view of Xiaojin et al (“A High-Resolution Micro-circular-polarization-analyzer Array for Real-Time Active Circular Polarization Imaging”, November 2009, IEEE, pp.49-52) and further in view of Mackey (US 20180357462 A1).
Regarding Claim 5, Akiyama modified by Xiaojin et al teaches the detection device as claimed in claim 1.
Akiyama modified by Xiaojin et al appears to be silent to having a first light source disposed on the substrate; and
a first polarization light-converting structure disposed above the first light source,
wherein the first circularly polarized light is generated from the first light source through the first polarization light-converting structure.
Mackey, related to an optical detection system, does teach a first light source (Fig. 4: LEDs 402) disposed on the substrate (Fig. 4: substrate 450); and
a first polarization light-converting structure (Fig. 4: quarter wave retarder layer 422 and linear polarizer 424 make up circular polarizer 420 [0052]) disposed above the first light source (shown in Fig. 4),
wherein the first circularly polarized light is generated from the first light source through the first polarization light-converting structure ([0054]: “Circular polarizer 420 operates to circularly polarize light emitted by the light sources 402 as will be described in more detail below.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Akiyama combined with Xiaojin et al to incorporate a first light source disposed on the substrate; and
a first polarization light-converting structure disposed above the first light source,
wherein the first circularly polarized light is generated from the first light source through the first polarization light-converting structure, as disclosed by Mackey.
Having a light source disposed on a substrate along with a detector is a known configuration in the field of endeavor (shown in Figs. 2 and 4 of Mackey). Therefore, one of ordinary skill in the art would have known to combine prior art elements according to known methods (having a light source and detector on the same substrate) to yield predictable results (compactness) (MPEP 2143 (I)(A)).
Having a polarization light converting structure with a light source to generate circularly polarized light has the advantage of minimizing direct light reflections from reaching the detectors which improves the quality of captured images ([0055] from Mackey).
Regarding Claim 7, Akiyama modified by Xiaojin et al and Mackey teaches the detection device as claimed in claim 5.
Akiyama modified by Xiaojin et al and Mackey further teaches the first polarization light-converting structure (Mackey, Fig. 4: quarter wave retarder layer 422 and linear polarizer 424 make up circular polarizer 420 [0052]) comprises:
a linear polarizer (Mackey, Fig. 4: linear polarizer 424 [0052]);
a quarter-wave plate disposed above the linear polarizer (Mackey, Fig. 4: quarter wave retarder layer 422 [0052]).
Akiyama modified by Xiaojin et al and Mackey (for claim 5) appears to be silent to a light-transmitting layer disposed between the linear polarizer and the quarter-wave plate.
However, Akiyama does teach a light-transmitting layer disposed between the linear polarizer and the quarter-wave plate (Fig. 16: flattening film 35 which is transparent to incident light [0138] and [0166]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Akiyama combined with Xiaojin et al and Mackey (for claim 5) to incorporate a light-transmitting layer disposed between the linear polarizer and the quarter-wave plate, as disclosed by Akiyama. The flattening film 35 of Akiyama provides a foundation for the quarter wavelength layer 60 to be formed on ([0166] from Akiyama and shown in Fig. 16).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Akiyama (US 2021/0351217 A1) in view of Xiaojin et al (“A High-Resolution Micro-circular-polarization-analyzer Array for Real-Time Active Circular Polarization Imaging”, November 2009, IEEE, pp.49-52) and Mackey (US 20180357462 A1), and further in view of Pahlevaninezhad (US 20230366526 A1).
Regarding Claim 6, Akiyama modified by Xiaojin et al and Mackey teaches the detection device as claimed in claim 5.
Akiyama modified by Xiaojin et al and Mackey further teaches the first polarization light-converting structure (Mackey, Fig. 4: quarter wave retarder layer 422 and linear polarizer 424 make up circular polarizer 420 [0052]).
Akiyama modified by Xiaojin et al and Mackey appears to be silent to the first polarization light-converting structure comprises metasurface.
Pahlevaninezhad, related to light sources and the use of circular polarization, does teach that the circular polarizer comprises metasurface (Figs. 17A-17B: metasurface 448 acts as a circular polarizer to change incident linearly polarized beam 412 or 414 to a circularly polarized light beam 452 [0137-0138]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Akiyama combined with Xiaojin et al and Mackey so that the circular polarizer comprises metasurface, as disclosed by Pahlevaninezhad. Metasurfaces have the advantage of being nanoscale, subwavelength-spaced metamaterials that may bend light and change its polarization state which has the benefit of providing a compact structure ([0137] from Pahlevaninezhad).
Claims 8 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Akiyama (US 2021/0351217 A1) in view of Xiaojin et al (“A High-Resolution Micro-circular-polarization-analyzer Array for Real-Time Active Circular Polarization Imaging”, November 2009, IEEE, pp.49-52) and Mackey (US 20180357462 A1), and further in view of Park (US 12,035,057 B1).
Regarding Claim 8, Akiyama modified by Xiaojin et al and Mackey teaches the detection device as claimed in claim 5.
Akiyama modified by Xiaojin et al and Mackey further teaches having a second light source disposed (Mackey, Fig. 4 has multiple LEDs 402) on the substrate (Mackey, Fig. 4: substrate 450).
Akiyama modified by Xiaojin et al and Mackey appears to be silent to having a second polarization light-converting structure disposed above the second light source, wherein a second circularly polarized light having a different wavelength than the first circularly polarized light is generated from the second light source through the second polarization light-converting structure.
Park, related to a system and method for polarization imaging, does teach having a second polarization light-converting structure (Fig. 4B: there are a plurality of polarizers 432B) disposed above the second light source (Fig. 4B: there are a plurality of light sources 432A), wherein a second circularly polarized light having a different wavelength than the first circularly polarized light is generated from the second light source through the second polarization light-converting structure (Col. 6, lines 23-59: Array of light sources with individual light sources or groups of light sources are capable of being controlled separately by a controller.; Col. 6, lines 23-59: “Further, by providing the sample with different light angles and wavelengths, both intensity and phase information of the received illumination can be recorded, which can allow the reconstruction of an image, for example, with more information or higher resolution.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Akiyama combined with Xiaojin et al and Mackey to incorporate a second polarization light-converting structure disposed above the second light source, wherein a second circularly polarized light having a different wavelength than the first circularly polarized light is generated from the second light source through the second polarization light-converting structure, as disclosed by Park. The above-mentioned configuration of elements has the advantage of illuminating a sample with different wavelengths which can allow for both intensity and phase information of received light to be recorded which can allow for reconstruction of an image with more information or higher resolution (Col. 6, lines 23-32 from Park).
Regarding Claim 10, Akiyama modified by XIaojin et al, Mackey and Park teach the detection device as claimed in claim 8.
Akiyama modified by Xiaojin et al, Mackey and Park further teach that the second polarization light-converting structure (Park, Fig. 4B: there are a plurality of polarizers 432B) comprises:
a linear polarizer (Park, Fig. 4B: polarizer 432B includes a linear polarizer with a quarter wave plate to generate circular polarized light (Col. 14, lines 63-67 to Col. 15, lines 1-3).); and
a quarter-wave plate disposed above the linear polarizer (Park, Col. 14, lines 63-67 to Col. 15, lines 1-3: Polarizer 432B includes a linear polarizer with a quarter wave plate where the quarter-wave plate would necessarily be disposed above the linear polarizer to produce circularly polarized light as depicted in Fig. 4B.).
Akiyama modified by Xiaojin et al, Mackey and Park (for claim 8) appears to be silent to the second polarization light-converting structure comprises a light-transmitting layer disposed between the linear polarizer and the quarter-wave plate.
However, Akiyama does teach a second polarization light-converting structure comprises a light-transmitting layer disposed between the linear polarizer and the quarter-wave plate (Fig. 16: flattening film 35 which is transparent to incident light and has no light absorbing characteristics [0138] and [0166]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Akiyama combined with Xiaojin et al, Mackey and Park (for claim 8) to incorporate a light-transmitting layer disposed between the linear polarizer and the quarter-wave plate, as disclosed by Akiyama. The flattening film 35 of Akiyama provides a foundation for the quarter wavelength layer 60 to be formed on ([0166] from Akiyama and shown in Fig. 16).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Akiyama (US 2021/0351217 A1) in view of Xiaojin et al (“A High-Resolution Micro-circular-polarization-analyzer Array for Real-Time Active Circular Polarization Imaging”, November 2009, IEEE, pp.49-52) and Mackey (US 20180357462 A1) and Park (US 12,035,057 B1), and further in view of Pahlevaninezhad (US 20230366526 A1).
Regarding Claim 9, Akiyama modified by Xiaojin et al, Mackey and Park teach the detection device as claimed in claim 8.
Akiyama modified by Xiaojin et al, Mackey and Park further teach the second polarization light-converting structure (Park, Fig. 4B: there are a plurality of polarizers 432B).
Akiyama modified by Xiaojin et al, Mackey and Park appears to be silent to the second polarization light-converting structure comprises metasurface.
Pahlevaninezhad, related to light sources and the use of circular polarization, does teach that a light-converting structure comprises metasurface (Figs. 17A-17B: metasurface 448 acts as a circular polarizer to change incident linearly polarized beam 412 or 414 to a circularly polarized light beam 452 ([0137-0138]).).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Akiyama combined with Xiaojin et al, Mackey and Park so that the circular polarizer comprises metasurface, as disclosed by Pahlevaninezhad. Metasurfaces have the advantage of being nanoscale, subwavelength-spaced metamaterials that may bend light and change its polarization state which has the benefit of providing a compact structure ([0137] from Pahlevaninezhad).
Claims 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Akiyama (US 2021/0351217 A1) in view of Xiaojin et al (“A High-Resolution Micro-circular-polarization-analyzer Array for Real-Time Active Circular Polarization Imaging”, November 2009, IEEE, pp.49-52) and further in view of Qi (US 20220378309 A1).
Regarding Claim 12, Akiyama modified by Xiaojin et al teaches the detection device as claimed in claim 1.
Akiyama modified by Xiaojin et al further teaches that the substrate (Akiyama, Fig. 16: substrate 31) further has a third photoelectric conversion element (Akiyama, Figs. 16 and 18: photoelectric conversion element 114 or 112) adjacent to the first photoelectric conversion element or the second photoelectric conversion element (Akiyama, shown in Fig. 18 where photoelectric conversion element 114 or 112 are both adjacent to the first photoelectric conversion element 111 or second photoelectric conversion element 113).
Akiyama modified by Xiaojin et al appears to be silent to the third photoelectric conversion element collects all backscattering light intensities that do not pass any polarization light-converting structure.
Qi, related to an optical detection device, does teach a photoelectric conversion element (Fig. 22c: optical detector 1) collects all backscattering light intensities that do not pass any polarization light-converting structure ([0146]: There is no polarizer below the optical detector 1 as shown in Fig. 22c.).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Akiyama combined with Xiaojin et al so that the third photoelectric conversion element collects all backscattering light intensities that do not pass any polarization light-converting structure, as disclosed by Qi. The advantage of having a photoelectric conversion element collect all backscattering light intensities that does not pass any polarization light-converting structure is that artifacts can be removed by a noise removal algorithm ([0151] from Qi).
Regarding Claim 13, Akiyama modified by Xiaojin et al teaches the detection device as claimed in claim 1.
Akiyama modified by Xiaojin et al appears to be silent to the first circularly polarized light is emitted into the biosample with an incident angle of -65 degrees to +65 degrees, and the detection device collects the backscattering light with a light collection angle of 20-65 degrees shifted from an incidence.
Qi, related to an optical detection device, does teach that the first circularly polarized light (circular polarizer [0090]) is emitted into the biosample (Fig. 22a: sample is skin) with an incident angle of -65 degrees to +65 degrees ([0093]: The incident angle of the light emitted by the light source may be 0 where the value of 0 may be in a range of 0˚ to 90˚. Fig. 22a has same angles of incident as Fig. 15.), and the detection device (Fig. 22a: optical detector 1 and optical detector 2) collects the backscattering light with a light collection angle of 20-65 degrees shifted from an incidence ([0093]: The angle between the optical detector 2 and skin interface is 60˚ to 120˚ where if incorporating that the incident angle of light may be in a range of 0˚ to 90˚, the optical detectors would be collecting light at an angle of 20-65 degrees shifted from an incidence.).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Akiyama combined with Xiaojin et al so that the first circularly polarized light is emitted into the biosample with an incident angle of -65 degrees to +65 degrees, and the detection device collects the backscattering light with a light collection angle of 20-65 degrees shifted from an incidence, as disclosed by Qi. The advantage of the above-mentioned configuration is that the positions of the optical detector and the light source may be adjusted, such that part of the optical detectors obtain more reflected light of the skin surface, and part of the optical detectors obtain more backscattered signal, to obtain the input signal including the different components of the vital signal ([0092] from Qi).
Claims 14 and 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Qi (US 20220378309 A1) in view of Xiaojin et al (“A High-Resolution Micro-circular-polarization-analyzer Array for Real-Time Active Circular Polarization Imaging”, November 2009, IEEE, pp.49-52).
Regarding Claim 14, Qi teaches an optical system, comprising:
a first light source (Fig. 22a: light source);
a circular polarizer (Fig. 22a: polarizer 3 where the type of polarizer can be a circular polarizer [0090]) for converting light emitted from the first light source to a first circularly polarized light (circular polarizer from [0090]);
a biosample (Fig. 22a: sample is skin) illuminated by the first circularly polarized light to generate a backscattering light (shown in Fig. 22a); and
a detection device (Fig. 22a: optical detector 1 and optical detector 2) for detecting the backscattering light, wherein the detection device comprises:
a substrate (Fig. 22a does not show a substrate, however, there would necessarily be a base/foundation that the optical detectors 1 and 2 would be on where the definition for substrate is taken from vocabulary.com. A substrate is the base layer of something, or a layer that’s underneath another layer.) having a first photoelectric conversion element (Fig. 22a: optical detector 1) and a second photoelectric conversion element (Fig. 22a: optical detector 2);
a first filter (Fig. 22a: polarizer 1) disposed above the first photoelectric conversion element (Fig. 22a: optical detector 1); and
a second filter (Fig. 22a: polarizer 2) disposed above the second photoelectric conversion element (Fig. 22a: optical detector 2).
Qi appears to be silent to the first photoelectric conversion element collects light with the same direction as the first circularly polarized light, and the second photoelectric conversion element collects light with opposite direction to the first circularly polarized light.
Xiaojin et al, related to circular polarization imaging, does teach that the first photoelectric conversion element (Shown in annotated Fig. 3 below where the hashed box representing a quarter wavelength micro-retarder with 0˚ fast axis in combination with a 45˚ linear polarizing film and its corresponding photometer is a first photoelectric conversion element (Page 50, Col. 1 last paragraph to Col. 2, 1st paragraph).) collects light with the same direction as the first circularly polarized light (Shown in Figs. 1-3 and described on page 50, Col. 1, 2nd paragraph to, Col. 2, 1st paragraph: Incident light is a collimated circularly polarized light that can be left or right-handed. Both right-handed and left-handed circularly polarized components can be sensed simultaneously by the CMOS imager as shown in Fig. 3. Therefore, whether the incident collimated circularly polarized light is left or right-handed, the CMOS imager is capable of measuring both the same and opposite polarization direction as the incident light.), and the the second photoelectric conversion element (Shown in annotated Fig. 3 below where the blank box representing a quarter wavelength micro-retarder with 90˚ fast axis in combination with a 45˚ linear polarizing film and its corresponding photodetector is a second photoelectric conversion element (Page 50, Col. 1 last paragraph to Col. 2, 1st paragraph).) collects light with opposite polarization direction to the first circularly polarized light (Shown in Figs. 1-3 and described on page 50, Col. 1, 2nd paragraph to, Col. 2, 1st paragraph: Incident light is a collimated circularly polarized light that can be left or right-handed. Both right-handed and left-handed circularly polarized components can be sensed simultaneously by the CMOS imager as shown in Fig. 3. Therefore, whether the incident collimated circularly polarized light is left or right-handed, the CMOS imager is capable of measuring both the same and opposite polarization direction as the incident light.).
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It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Qi so that first photoelectric conversion element collects light with the same direction as the first circularly polarized light, and the second photoelectric conversion element collects light with opposite direction to the first circularly polarized light, as disclosed by Xiaojin et al. The advantage of the above-mentioned configuration is that right and left-handed circularly polarized components can be sensed simultaneously which allows for real-time active circular polarization imaging (Page 51, Col. 2, 2nd paragraph of Xiaojin et al).
Regarding Claim 17, Qi modified by Xiaojin et al teaches the optical system as claimed in claim 14.
Qi modified by Xiaojin et al further teaches that the first light source (Qi, Fig. 22a: light source) emits light with wavelengths ranging from visible light to infrared light (Qi, [0004]: Light could be monochromatic light or light within a wavelength range where the wavelength range include red light, yellow light, green light, blue light, violet light, infrared light, or ultraviolet light, but is not limited to.), and the biosample is skin or organ tissue (Qi, Fig. 22: biosample is skin).
Regarding Claim 18, Qi modified by Xiaojin et al teaches the optical system as claimed in claim 14.
Qi modified by Xiaojin et al further teaches a second light source (Qi, [0009]: The device may include a second signal source for emitting a second light beam to the surface of the living body.) disposed on the substrate (Qi, The second signal source would necessarily be on some sort of base/foundation.), wherein the second light source emits light that has a different wavelength than light emitted from the first light source (Qi, [0009]: “…the first signal source and the second signal source may emit beams simultaneously or emit beams alternately, and wavelengths of the beam of the first signal source and the beam of the second signal source may be the same or different.”).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Qi (US 20220378309 A1) in view of Xiaojin et al (“A High-Resolution Micro-circular-polarization-analyzer Array for Real-Time Active Circular Polarization Imaging”, November 2009, IEEE, pp.49-52) and Akiyama (US 20210351217 A1), and further in view of Pahlevaninezhad (US 20230366526 A1).
Regarding Claim 15, Qi modified by Xiaojin et al teaches the optical system as claimed in claim 14.
Qi modified by Xiaojin et al further teaches the circular polarizer (Qi, circular polarizer [0090]).
Qi modified by Xiaojin et al (for claim 14) appears to be silent having a collimator for collimating the first circularly polarized light,
wherein the circular polarizer further comprises:
a linear polarizer;
a quarter-wave plate disposed above the linear polarizer; and
a light-transmitting layer disposed between the linear polarizer and the quarter-wave plate, and
wherein the circular polarizer comprises metasurface.
Xiaojin et al does teach a collimator for collimating the first circularly polarized light (Shown in Fig. 1 and described on page 50, Col. 1, 1st paragraph: Fig. 1 shows a typical schematic of an active circular polarized imaging system where collimated circularly polarized light is generated by mounting a wide-band circular polarizer in front of a white light source.),
wherein the circular polarizer further comprises:
a linear polarizer (Fig. 3: 45˚ linear polarizing film);
a quarter-wave plate disposed above the linear polarizer (Shown and described in Fig. 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Qi combined with Xiaojin et al (for claim 14) to incorporate a collimator for collimating the first circularly polarized light,
wherein the circular polarizer further comprises:
a linear polarizer;
a quarter-wave plate disposed above the linear polarizer, as disclosed by Xiaojin et al.
Xiaojin et al discloses that Fig. 1 is a typical schematic of an active circular polarization imaging system with collimated light (page 50, Col. 1, 1st paragraph), therefore, one of ordinary skill in the art would have found it obvious to combine prior art elements according to known methods (use of collimated circularly polarized light as incident light onto a sample) to yield predictable results (for active circular polarization imaging) (MPEP 2143 (I)(A)).
It is known in the field of endeavor that circularly polarized light could be produced by using a linear polarizer in combination with a quarter wave plate. Therefore, one of ordinary skill would have found it obvious to combine prior art elements according to known methods (linear polarizer combined with quarter-wave plate) to yield predictable results (to produce circular polarized light) (MPEP 2143 (I)(A)).
Qi modified by Xiaojin et al appears to be silent to a light-transmitting layer disposed between the linear polarizer and the quarter-wave plate.
Akiyama, related to photoelectric conversion elements and a light receiving device, does teach a light-transmitting layer disposed between the linear polarizer and the quarter-wave plate (Fig. 16: flattening film 35 which is transparent to incident light and has no light absorbing characteristics [0138] and [0166]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Qi combined with Xiaojin et al to incorporate a light-transmitting layer disposed between the linear polarizer and the quarter-wave plate, as disclosed by Akiyama. The flattening film 35 of Akiyama provides a foundation for the quarter wavelength layer 60 to be formed on ([0166] from Akiyama and shown in Fig. 16).
Qi modified by Xiaojin et al and Akiyama appears to be silent to the circular polarizer comprises metasurface.
Pahlevaninezhad, related to light sources and the use of circular polarization, does teach that the circular polarizer comprises metasurface (Figs. 17A-17B: metasurface 448 acts as a circular polarizer to change incident linearly polarized beam 412 or 414 to a circularly polarized light beam 452 ([0137-0138]).).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Qi combined with Xiaojin et al and Akiyama so that the circular polarizer comprises metasurface, as disclosed by Pahlevaninezhad. Metasurfaces have the advantage of being nanoscale, subwavelength-spaced metamaterials that may bend light and change its polarization state which has the benefit of providing a compact structure ([0137] from Pahlevaninezhad).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Qi (US 20220378309 A1) in view of Xiaojin et al (“A High-Resolution Micro-circular-polarization-analyzer Array for Real-Time Active Circular Polarization Imaging”, November 2009, IEEE, pp.49-52) and Mackey (US 20180357462 A1), and further in view of Pahlevaninezhad (US 20230366526 A1).
Regarding Claim 16, Qi modified by Xiaojin et al teaches the optical system as claimed in claim 14.
Qi modified by Xiaojin et al further teaches the first light source (Qi, Fig. 22a: light source).
Qi appears to be silent to the first light source is disposed on the substrate and the circular polarizer is disposed above the first light source.
Mackey, related to an optical detection system, does teach a first light source (Fig. 4: plurality of LEDs 402) is disposed on the substrate (Fig. 4: substrate 450) and the circular polarizer ([0052]: Quarter wave plate 422 and linear polarizer 424 combined make a circular polarizer 420) is disposed above the first light source (shown in Fig. 4).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Qi combined with Xiaojin et al so that the first light source is disposed on the substrate and the circular polarizer is disposed above the first light source, as disclosed by Mackey. The above-mentioned configuration has the advantage of minimizing direct light reflections from reaching the detectors ([0055] from Mackey).
Qi modified by Xiaojin et al and Mackey appears to be silent to the circular polarizer comprises metasurface.
Pahlevaninezhad, related to light sources and the use of circular polarization, does teach that the circular polarizer comprises metasurface (Figs. 17A-17B: metasurface 448 acts as a circular polarizer to change incident linearly polarized beam 412 or 414 to a circularly polarized light beam 452 ([0137-0138]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Qi combined with Xiaojin et al and Mackey so that the circular polarizer comprises metasurface, as disclosed by Pahlevaninezhad. Metasurfaces have the advantage of being nanoscale, subwavelength-spaced metamaterials that may bend light and change its polarization state which has the benefit of providing a compact structure ([0137] from Pahlevaninezhad).
Claims 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Akiyama (US 2021/0351217 A1) in view of Xiaojin et al (“A High-Resolution Micro-circular-polarization-analyzer Array for Real-Time Active Circular Polarization Imaging”, November 2009, IEEE, pp.49-52) and Qi (US 20220378309 A1), and further in view of Barman et al (“High degree of circular polarization in WS2 spiral nanostructures induced by broken symmetry”, February 2019, Scientific Reports, pp. 1-6).
Regarding Claim 19, Akiyama modified by Xiaojin et al teaches a method for detecting the concentration of a specific substance in a biosample, comprising utilizing a detection device as claimed in claim 1 (see rejection of claim 1); and
employing the first photoelectric conversion element to collect a first signal intensity and the second photoelectric conversion element to collect a second signal intensity (Akiyama, Photoelectric conversion elements would necessarily collect signal intensities.)
Akiyama modified by Xiaojin et al appears to be silent to illuminating the biosample with a circularly polarized light with an incident angle of -65 degrees to 65 degrees;
collecting backscattering light with a light collection angle of 20 degrees to 65 degrees shift from an incidence; and
calculating a degree of circular polarization using the formula of (first signal intensity−second signal intensity)/(first signal intensity+second signal intensity).
Qi, related to an optical detection device, does teach illuminating the biosample (Fig. 22a: sample is skin) with a circularly polarized light (circular polarizer [0090]) with an incident angle of -65 degrees to +65 degrees ([0093]: The incident angle of the light emitted by the light source may be 0 where the value of 0 may be in a range of 0˚ to 90˚. Fig. 22a has same angle of incident as Fig. 15.);
utilizing a detection device (Fig. 22a: optical detector 1 and optical detector 2) to collect a backscattering light with a light collection angle of 20-65 degrees shifted from an incidence ([0093]: The angle between the optical detector 2 and skin interface is 60˚ to 120˚ where if incorporating that the incident angle of light may be in a range of 0˚ to 90˚, the optical detectors would be collecting light at an angle of 20-65 degrees shifted from an incidence.).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Akiyama combined with Xiaojin et al to incorporate illuminating the biosample with a circularly polarized light with an incident angle of -65 degrees to 65 degrees;
collecting backscattering light with a light collection angle of 20 degrees to 65 degrees shift from an incidence, as disclosed by Qi. The advantage of the above-mentioned configuration is that the positions of the optical detector and the light source may be adjusted, such that part of the optical detectors obtain more reflected light of the skin surface, and part of the optical detectors obtain more backscattered signal, to obtain the input signal including the different components of the vital signal ([0092] from Qi).
Akiyama modified by Xiaojin et al and Qi appears to be silent to calculating a degree of circular polarization using the formula of (first signal intensity−second signal intensity)/(first signal intensity+second signal intensity).
Barman et al, related to measuring circular polarization, does teach calculating a degree of circular polarization using the formula of (first signal intensity−second signal intensity)/(first signal intensity+second signal intensity) (Page 3, paragraph 2 where the degree of circular polarization (DCP) is defined by the equation shown below:
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.
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Akiyama combined with Xiaojin et al and Qi so that calculating a degree of circular polarization is done by using the formula of (first signal intensity−second signal intensity)/(first signal intensity+second signal intensity), as disclosed by Barman et al. The formula for calculating a degree of circular polarization is known in the field of endeavor, therefore, one of ordinary skill in the art would have found it obvious to combine prior art elements according to known methods (detecting intensities of polarizations to use in mathematical calculations) to yield predictable results (calculate degree of circular polarization) (MPEP 2143 (I)(A)).
Regarding Claim 20, Akiyama modified by Xiaojin et al, Qi and Barman et al teaches the method for detecting the concentration of a specific substance in a biosample as claimed in claim 19.
Akiyama modified by Xiaojin et al, Qi and Barman et al further teaches that the substrate (Akiyama, Fig. 16: substrate 31) further has a third photoelectric conversion element (Akiyama, Figs. 16 and 18: photoelectric conversion element 114 or 112) adjacent to the first photoelectric conversion element or the second photoelectric conversion element (Akiyama, shown in Fig. 18 where photoelectric conversion element 114 or 112 are both adjacent to the first photoelectric conversion element 111 or second photoelectric conversion element 113), and the method further comprises:
employing the third photoelectric conversion element to collect a third signal intensity (Akiyama, The photoelectric conversion elements would necessarily collect a signal intensity.).
Akiyama modified by Xiaojin et al, Qi and Barman et al (for claim 19) appears to be silent to calculating a degree of circular polarization using the formula of (the first signal intensity−the second signal intensity)/(the third signal intensity).
However, Qi does teach in Fig. 22c, a detection device where optical detector 1 does not have a polarizer whereas optical detector 2 does have a polarizer 1. Since there is no polarizer in front of the optical detector 1, the photoelectric signal 1 detected by the photodetector 1 may include superficially reflected light and multiple backscattered light. The signal from optical detector 1 in combination with the signal from optical detector 2 is used to remove artifacts and noise ([0146]). Therefore, Qi achieves the same outcome as the instant application where the instant application discloses that the third photoelectric conversion element collects all backscattering light intensities that do not pass any polarization light-converting structure ([0018], [0029], [0063], [0066], [0072] of the specification. Paragraph [0081] also recites that there are no filters disposed above the third photoelectric conversion element 16 where all the figures also do not depict element 16 having filters above it.). It would appear that the instant application uses the third photoelectric conversion element measurements to subtract out noise from measurements that incorporate a polarization filter.
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Akiyama modified by Xiaojin et al, Qi and Barman et al (for claim 19) to incorporate calculating a degree of circular polarization using the formula of (the first signal intensity−the second signal intensity)/(the third signal intensity), as disclosed by Qi. The advantage of the above-mentioned calculation is that artifacts and noise can be removed from measurements ([0152] from Qi).
Other References Considered but not Cited
Druetto (US 20240404035 A1), related to an optical detection device, teaches in Fig. 5 photoelectric elements that collect opposite circularly polarized light (see R1 and R2), however, Druetto does not teach detecting backscattered light. Rather, Druetto teaches detecting transmitted light and measuring detects in polymers, glass, and plastics [0001]).
Akiyama (US 20230384160 A1), related to a light receiving device, teaches in Fig. 15A a light receiving device that receives right and left-handed circularly polarized light.
Conclusion
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/JUDY DAO TRAN/Examiner, Art Unit 2877
/MICHELLE M IACOLETTI/Supervisory Patent Examiner, Art Unit 2877
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