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 (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.
Response to Amendment
Applicant's arguments with respect to claims 1-14 as they pertain to the prior art have been considered but are moot in view of the new ground(s) of rejection, as necessitated by amendment.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1, 3, 5-7, 10 are rejected under 35 U.S.C. 103 as being unpatentable over Boutami et. al US 20110290982 (hereinafter “Boutami”) of record in view of Ahmed et. al US 20190033683 (hereinafter “Ahmed”) and Huang et. al US 20200035733 (hereinafter “Huang”) of record.
Regarding claim 1, Boutami teaches a spectral filter comprising:
a first metal reflective layer (Boutami fig. 4 - 68, see also para. 0053);
a second metal reflective layer (Boutami fig. 4 - 72, see also para. 0053) provided above the first metal reflective layer in a vertical direction (Boutami fig. 4 shows 72 disposed above 68);
a plurality of cavities (Boutami fig. 4 - 66) provided between the first metal reflective layer (68) and the second metal reflective layer (Boutami fig. 4 - 66 is disposed between 68 and 72), the plurality of cavities (66) comprising first patterns respectively corresponding to different center wavelengths (Boutami fig. 4 - 66 includes zones 74, 76, and 78 corresponding to different central wavelengths); and
a plurality of lower pattern films (Boutami fig. 4 - 64) provided below the first metal reflective layer in the vertical direction (Boutami fig. 4 - 64 is provided below 68), the plurality of lower pattern films (64) comprising second patterns respectively corresponding to the different center wavelengths (Boutami fig. 4 - 64 includes zones 74, 76, and 78 corresponding to different central wavelengths).
wherein each of the plurality of cavities (66) comprises at least two dielectric materials that alternate in a horizontal direction to form a corresponding one of the first patterns (Boutami fig. 4, see also para. 0054), wherein each of the plurality of lower pattern films (64) comprises at least two dielectric materials that alternate in the horizontal direction to form a corresponding one of the second patterns (Boutami fig. 4, see also para. 0054).
Boutami does not teach wherein a first pattern of a corresponding one of the plurality of cavities is different from a second pattern of a corresponding one of the plurality of lower pattern films that vertically overlaps with the corresponding one of the plurality of cavities.
In the same field of endeavor, Ahmed teaches wherein a first pattern of a corresponding one of the plurality of cavities is different from a second pattern of a corresponding one of the plurality of lower pattern films that vertically overlaps with the corresponding one of the plurality of cavities (see annotated Ahmed fig. 3 below, the pattern in 332 is different from the pattern of 331 which vertically overlaps) for the purpose of tuning structure resonance to a particular center wavelength (Ahmed para. 0035). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have a first pattern different from a second pattern in a vertical direction as taught by Ahmed in the spectral filter of Boutami in order to tune structure resonance to a particular center wavelength (Ahmed para. 0035).
Boutami and Ahmed do not specify a broadband filter array provided above the second metal reflective layer and comprising a plurality of broadband filters, each of the plurality of broadband filters only transmitting light of a certain wavelength band.
In the same field of endeavor, Huang teaches a broadband filter array (Huang fig. 1-3e – 100, 200A-B, 300A-E) provided above the second metal reflective layer (Huang fig. 8 – shows 102 disposed over other filter components) and comprising a plurality of broadband filters (Huang fig. 1-3e – 104, 106, 108), each of the plurality of broadband filters (104, 106, 108) only transmitting light of a certain wavelength band (Huang para. 0030) for the purpose of increasing the fill factor to shift the high transmission band to lower wavelengths and decreasing the fill factor to shift the high transmission band to higher wavelengths (Huang para. 0031). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have a broadband filter array as taught by Huang in the spectral filter of Boutami and Ahmed in order to increase the fill factor to shift the high transmission band to lower wavelengths and decrease the fill factor to shift the high transmission band to higher wavelengths (Huang para. 0031).
Regarding claim 3, Boutami, Ahmed, and Huang teach the spectral filter of claim 2, and Huang further teaches wherein each of the plurality of reflective layers comprises a distributed Bragg reflector (DBR) (Huang para. 0026 – 104 may be a first DBR and 106 may be a second DBR).
Regarding claim 5, Boutami, Ahmed, and Huang teach the spectral filter of claim 1, and Boutami further teaches wherein the plurality of cavities (66) have a same thickness and the plurality of lower pattern films have a same thickness (Boutami para. 0080 – 64 and 66 are 80 nm).
Regarding claim 6, Boutami and Huan teach the spectral filter of claim 1, and Boutami further teaches wherein each of the plurality of cavities (Boutami fig. 4 - 66) comprises: a first dielectric material (Boutami fig. 4 - 82 located in layer 66, see also para. 0054), and second dielectric materials (Boutami fig. 4 - 74 located in layer 66, see also para. 0054) having a refractive index different from that of the first dielectric material (Boutami para. 0054), the first dielectric material (82) and the second dielectric material (74), to form the corresponding one of the first patterns (Boutami fig. 4 - blue center pattern in 66).
Regarding claim 7, Boutami, Ahmed, and Huang teach the spectral filter of claim 1, and Boutami further teaches wherein each of the plurality of lower pattern films (Boutami fig. 4 - 64) comprises: a third dielectric material (Boutami fig. 4 - 84 located in layer 64, see also para. 0054), and fourth dielectric materials (Boutami fig. 4 - 76 located in layer 64, see also para. 0054) having a refractive index different from that of the third dielectric material (Boutami para. 0054), the third dielectric material (84) and the fourth dielectric material (76), to form the corresponding one of the second patterns (Boutami fig. 4 - green filter pattern in 64).
Regarding claim 10, Boutami teaches an image sensor comprising:
a pixel array comprising a plurality of pixels (Boutami para. 0040 – a plane detector circuit comprising an array of photosensitive elements); and
a spectral filter arranged in the pixel array (Boutami para. 0040 – the Fabry-Perot cavities are arranged above each photosensitive element),
wherein the spectral filter comprises:
a first metal reflective layer (Boutami fig. 4 - 68, see also para. 0053);
a second metal reflective layer (Boutami fig. 4 - 72, see also para. 0053) provided above the first metal reflective layer in a vertical direction (Boutami fig. 4 shows 72 disposed above 68);
a plurality of cavities (Boutami fig. 4 - 66) provided between the first metal reflective layer (68) and the second metal reflective layer (Boutami fig. 4 - 66 is disposed between 68 and 72), the plurality of cavities (66) comprising first patterns respectively corresponding to different center wavelengths (Boutami fig. 4 - 66 includes zones 74, 76, and 78 corresponding to different central wavelengths); and
a plurality of lower pattern films (Boutami fig. 4 - 64) provided below the first metal reflective layer in a vertical direction (Boutami fig. 4 - 64 is provided below 68), the plurality of lower pattern films (64) comprising second patterns respectively corresponding to the different center wavelengths (Boutami fig. 4 - 64 includes zones 74, 76, and 78 corresponding to different central wavelengths).
wherein each of the plurality of cavities (66) comprises at least two dielectric materials that alternate in a horizontal direction to form a corresponding one of the first patterns (Boutami fig. 4, see also para. 0054),
wherein each of the plurality of lower pattern films (64) comprises at least two dielectric materials that alternate in the horizontal direction to form a corresponding one of the second patterns (Boutami fig. 4, see also para. 0054).
Boutami does not teach wherein a first pattern of a corresponding one of the plurality of cavities is different from a second pattern of a corresponding one of the plurality of lower pattern films that vertically overlaps with the corresponding one of the plurality of cavities.
In the same field of endeavor, Ahmed teaches wherein a first pattern of a corresponding one of the plurality of cavities is different from a second pattern of a corresponding one of the plurality of lower pattern films that vertically overlaps with the corresponding one of the plurality of cavities (see annotated Ahmed fig. 3 below, the pattern in 332 is different from the pattern of 331 which vertically overlaps) for the purpose of tuning structure resonance to a particular center wavelength (Ahmed para. 0035). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have a first pattern different from a second pattern in a vertical direction as taught by Ahmed in the spectral filter of Boutami in order to tune structure resonance to a particular center wavelength (Ahmed para. 0035).
Boutami and Ahmed do not specify a broadband filter array provided above the second metal reflective layer and comprising a plurality of broadband filters, each of the plurality of broadband filters only transmitting light of a certain wavelength band.
In the same field of endeavor, Huang teaches a broadband filter array (Huang fig. 1-3e – 100, 200A-B, 300A-E) provided above the second metal reflective layer (Huang fig. 8 – shows 102 disposed over other filter components) and comprising a plurality of broadband filters (Huang fig. 1-3e – 104, 106, 108), each of the plurality of broadband filters (104, 106, 108) only transmitting light of a certain wavelength band (Huang para. 0030) for the purpose of increasing the fill factor to shift the high transmission band to lower wavelengths and decreasing the fill factor to shift the high transmission band to higher wavelengths (Huang para. 0031). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have a broadband filter array as taught by Huang in the spectral filter of Boutami and Ahmed in order to increase the fill factor to shift the high transmission band to lower wavelengths and decrease the fill factor to shift the high transmission band to higher wavelengths (Huang para. 0031).
Claims 2, 4, 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Boutami, Ahmed, and Huang as applied to claims 1 and 10 above, and further in view of Li et. al US 20100110550 (hereinafter “Li”) of record.
Regarding claim 2, Boutami, Ahmed, and Huang teach the spectral filter of claim 1, and Huang further teaches wherein each of the plurality of broadband filters (104, 106, 108) comprises a plurality of cavities (Huang fig. 6a - 602).
Boutami, Ahmed, and Huang do not teach a plurality of reflective layers.
In the same field of endeavor, Li teaches a plurality of reflective layers (Li fig. 4 – 20, 21, see also para. 0025 and para. 0028) for the purpose of utility in a variety of light-filtering applications, such as light collimation, light elimination, or anti-counterfeiting measures (Li para. 0033). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have a plurality of reflective layers as taught by Li in the spectral filter of Boutami, Ahmed, and Huang in order to use in a variety of light-filtering applications, such as light collimation, light elimination, or anti-counterfeiting measures (Li para. 0033).
Regarding claim 4, Boutami, Ahmed, and Huang teach the spectral filter of claim 1.
Boutami, Ahmed, and Huang do not specify wherein each of the plurality of broadband filters comprises two metal mirror layers and a cavity between the two metal mirror layers.
In the same field of endeavor, Li teaches wherein each of the plurality of broadband filters (Li fig. 4 – 12, 14) comprises two metal mirror layers (Li fig. 4 - 20, 21) and a cavity (Li fig. 4 – 16, 18) between the two metal mirror layers (Li fig. 4) for the purpose of utility in a variety of light-filtering applications, such as light collimation, light elimination, or anti-counterfeiting measures (Li para. 0033). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have a plurality of reflective layers as taught by Li in the spectral filter of Boutami, Ahmed, and Huang in order to use in a variety of light-filtering applications, such as light collimation, light elimination, or anti-counterfeiting measures (Li para. 0033).
Regarding claim 12, Boutami, Ahmed, and Huang teach the image sensor of claim 10, and Huang further teaches wherein each of the plurality of broadband filters (104, 106, 108) comprises a plurality of cavities (Huang fig. 6a - 602).
Boutami, Ahmed, and Huang do not teach a plurality of reflective layers.
In the same field of endeavor, Li teaches a plurality of reflective layers (Li fig. 4 – 20, 21, see also para. 0025 and para. 0028) for the purpose of utility in a variety of light-filtering applications, such as light collimation, light elimination, or anti-counterfeiting measures (Li para. 0033). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have a plurality of reflective layers as taught by Li in the spectral filter of Boutami, Ahmed, and Huang in order to use in a variety of light-filtering applications, such as light collimation, light elimination, or anti-counterfeiting measures (Li para. 0033).
Regarding claim 13, Boutami, Ahmed, and Huang teach the image sensor of claim 10.
Boutami, Ahmed, and Huang do not specify wherein each of the plurality of broadband filters comprises two metal mirror layers and a cavity between the two metal mirror layers.
In the same field of endeavor, Li teaches wherein each of the plurality of broadband filters (Li fig. 4 – 12, 14) comprises two metal mirror layers (Li fig. 4 - 20, 21) and a cavity (Li fig. 4 – 16, 18) between the two metal mirror layers (Li fig. 4) for the purpose of utility in a variety of light-filtering applications, such as light collimation, light elimination, or anti-counterfeiting measures (Li para. 0033). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have a plurality of reflective layers as taught by Li in the spectral filter of Boutami, Ahmed, and Huang in order to use in a variety of light-filtering applications, such as light collimation, light elimination, or anti-counterfeiting measures (Li para. 0033).
Claims 8-9, 14 are rejected under 35 U.S.C. 103 as being unpatentable over Boutami, Ahmed, and Huang as applied to claims 1 and 10 above, and further in view of Scobey et. al US Patent 6,798,553 (hereinafter “Scobey”) of record.
Regarding claim 8, Boutami, Ahmed, and Huang teach the spectral filter of claim 1, and Boutami further teaches the second metal reflector (72).
Boutami, Ahmed, and Huang do not teach further comprising a plurality of upper pattern films provided on the second metal reflective layer, the plurality of upper pattern films comprising third patterns corresponding to the different center wavelengths.
In the same field of endeavor, Scobey teaches a plurality of upper pattern films (Scobey fig. 7 - 201) provided on the second metal reflective layer (Scobey fig. 7 - 225), the plurality of upper pattern films (201) comprising third patterns corresponding to the different center wavelengths (Scobey col. 3 lines 24-48) for the purpose of filtering out all passbands except the overlapping passband (Scobey col. 3 lines 47-48). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have a plurality of upper pattern films as taught by Scobey in the spectral filter of Boutami, Ahmed, and Huang in order to filter out all passbands except the overlapping passband (Scobey col. 3 lines 47-48).
Regarding claim 9, Boutami, Ahmed, Huang, and Scobey teach the spectral filter of claim 8, and Scobey further teaches wherein each of the plurality of upper pattern films (201) comprises: a fifth dielectric material (Scobey col. 7 lines 11-29); and a sixth dielectric material (Scobey col. 7 lines 11-29) having a refractive index different from that of the fifth dielectric material, the fifth dielectric material and the sixth dielectric material forming a third pattern (Scobey col. 7 lines 11-29 – there may be a high refractive index material and a low refractive index material, where each will be different on either side of the etalon).
Regarding claim 14, Boutami, Ahmed, and Huang teach the image sensor of claim 10, and Boutami further teaches the second metal reflector (72).
Boutami, Ahmed, and Huang do not teach further comprising a plurality of upper pattern films provided on the second metal reflective layer, the plurality of upper pattern films comprising third patterns corresponding to the different center wavelengths.
In the same field of endeavor, Scobey teaches a plurality of upper pattern films (Scobey fig. 7 - 201) provided on the second metal reflective layer (Scobey fig. 7 - 225), the plurality of upper pattern films (201) comprising third patterns corresponding to the different center wavelengths (Scobey col. 3 lines 24-48) for the purpose of filtering out all passbands except the overlapping passband (Scobey col. 3 lines 47-48).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Boutami, Ahmed, and Huang as applied to claim 10 above, and further in view of Yokogawa US 20180090531 (hereinafter “Yokogawa” of record).
Regarding claim 11, Boutami teaches the image sensor of claim 10.
Boutami does not teach wherein each of the plurality of pixels included in the pixel array comprises a wiring layer, in which a driving circuit is provided, and a photodiode provided in the wiring layer.
In the same field of endeavor, Yokogawa teaches wherein each of the plurality of pixels included in the pixel array comprises a wiring layer (Yokogawa fig. 5 - 505), in which a driving circuit is provided (Yokogawa para. 0215-0217 – an actuator for the image sensor as in fig. 5 which drives the image sensor), and a photodiode provided in the wiring layer (Yokogawa fig. 5 – 504 provided on 505, see also para. 0126 and 0134) for the purpose of reading the signal charge accumulated in the photodiode (Yokogawa para. 0134). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have a wiring layer, driving circuit, and photodiode as taught by Yokogawa in the image sensor of Boutami in order to read the signal charge accumulated in the photodiode (Yokogawa para. 0134).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELIZABETH M HALL whose telephone number is (703)756-5795. The examiner can normally be reached Mon-Fri 9-5:30 pm PST.
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/ELIZABETH M HALL/Examiner, Art Unit 2872
/ZACHARY W WILKES/Primary Examiner, Art Unit 2872