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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-10, 14-16 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In claim 1, lines, 3, the phrase, “the metal surface” appears to lack antecedent basis and is inconsistent with the claimed language. Should “the metal surface” be replaced with “the metal layer” for claim consistency and clarity?
In claim 5, lines 1, delete “s” from “absorbs” to acquire correct claim structuring and clarity.
In claim 10, lines 1, the phrase, “the nanoholes is” should be replaced with “the nanoholes are” to acquire correct claim structuring and clarity.
In claim 10, lines 3, delete “s” from “shields” to acquire correct claim structuring and clarity.
In claim 14, lines 2, the phrase “the metal layer” appears to lack antecedent basis and is inconsistent with the claimed language. Should “the metal layer” be replaced with “the metal surface” to acquire correct claim consistency and clarity.
To avoid ambiguous claim interpretation, appropriate correction is required.
Claims 2-4, 6-9, 15-16 inherently rejected due to dependency.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-2, 7-14, 17-19 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3-6, 8-11, 13-15, 18 of U.S. Patent No. 12,237,430 to Kim because the claimed invention, claims 1-2, 7-14, 17-19 of the present application is a broader version of the claimed invention, claims 1, 3-6, 8-11, 13-15, 18 of the U.S patent.
With respect to claim 1, Kim discloses in claim 1, a photodetector comprising: a metal layer that shields incident light and generates surface plasmon polaritons (SPPs); a dielectric material formed at nanoholes of the metal layer and formed over the insulator, wherein photons of the incident light interacts with surface plasmons (SPs) generated at an interface of the metal layer with the dielectric material to generate the SPPs, wherein a wavelength of the incident light is compressed to increase energy when the SPs is converted to the SPPs. Although the claims at issue are not identical, they are not patentably distinct from each other because a photodetector comprising a metal layer and a dielectric material formed at nanoholes is structurally and functionally equivalent to a photodetector comprising a metal layer and a dielectric material formed at nanoholes of the present application in that shielded incident light is used to interact with surface plasmons, (i.e., SPs) to generate surface plasmons polarizations, (i.e., SPPs) that results in producing strong photocurrent used to improve photoconversion efficiency in the photodetector device.
With respect to claim 2, Kim discloses in claim 6, the photodetector wherein the photons having a wavelength equal to or longer than 1200 nm is converted to the SPPs having a wavelength of 200 nm at the nanoholes of the metal layer.
With respect to claim 7, Kim discloses in claim 3, the photodetector wherein density of the localized electric field is configured to increase per unit area to increase photocurrent as a size of the nanoholes decreases.
With respect to claim 8, Kim discloses in claim 4, the photodetector wherein the SPPs are increased in momentum and energy based on a wave vector changed by the incident light and react with excitons of a semiconductor layer.
With respect to claim 9, Kim discloses in claim 5, the photodetector wherein the photocurrent is generated at the semiconductor layer by absorbing the SPPs at the insulator.
With respect to claim 10, Kim discloses in claim 8, the photodetector wherein the dielectric material at the nanoholes is formed of a material having a greater dielectric constant than air, and wherein the metal layer is configured to shield the incident light propagating in air.
With respect to claim 11, Kim discloses in claim 9, an image sensor comprising: a metal surface; a metal nanohole array formed on the metal surface; and a detector array formed at a position corresponding to the metal nanohole array, wherein the metal surface is configured to shield incident light and to generate surface plasmon polaritons (SPPs), wherein the detector array comprises: and a dielectric formed at nanoholes in which at least a part of the metal surface is opened, and wherein photons of the incident light interacts with surface plasmons (SPs) generated at an interface of the metal surface with the dielectric to generate the SPPs. Although the claims at issue are not identical, they are not patentably distinct from each other because an image sensor comprising a metal surface, a metal nanohole array, and a detector array is structurally and functionally equivalent to an image sensor comprising a metal surface, a metal nanohole array, and a detector array of the present application in that shielded incident light is used to interact with surface plasmons, i.e., SPs to generate surface plasmons polarizations, i.e., SPPs that results in producing strong photocurrent used to improve photoconversion efficiency in the photodetector device.
With respect to claim 12, Kim discloses in claim 10, the image sensor wherein a wavelength of the incident light is compressed to increase energy when the SPs is converted to the SPPs.
With respect to claim 13, Kim discloses in claim 13, the image sensor wherein the photons having a wavelength equal to or longer than 1200 nm is converted to the SPPs having a wavelength of 200 nm at the nanoholes of the metal nanohole array.
With respect to claim 14, Kim discloses in claim 11, the image sensor wherein the SPPs form localized surface plasmons (LSPs) at the interface with the dielectric material to enhance localized electric field effect.
With respect to claim 17, Kim discloses in claim 14, a method of operating a photodetector, the method comprising: generating, at a metal layer that shields incident light, surface plasmon polaritons (SPPs), the SPPs being generated by combining surface plasmons (SPs) with photons of a light wave; and generating photocurrent, at a semiconductor layer, by using the absorbed SPPs, wherein photons of the incident light interacts with surface plasmons (SPs) generated at an interface of the metal layer with a dielectric material formed at nanoholes of the metal layer. Although the claims at issue are not identical, they are not patentably distinct from each other because a method of operating a photodetector, the method comprising: using a metal layer, a semiconductor layer, and a dielectric layer material formed at nanoholes is structurally and functionally equivalent to the method of the present application in that operating a photodetector comprising: using a metal layer, a semiconductor layer, and a dielectric layer material formed at nanoholes wherein the shielded incident light and/or incident light is used to interact with surface plasmons, i.e., SPs to generate surface plasmons polarizations, i.e., SPPs that results in producing strong photocurrent used to improve photoconversion efficiency in the photodetector device.
With respect to claim 18, Kim discloses in claim 15, the method wherein a wavelength of the incident light is compressed to increase energy when the SPs is converted to the SPPs.
With respect to claim 19, Kim discloses in claim 18, the method wherein the photons having a wavelength equal to or longer than 1200 nm is converted to the SPPs having a wavelength of 200 nm at the nanoholes of the metal layer.
24. Claim 20 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
25. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DON J WILLIAMS whose telephone number is (571)272-8538. The examiner can normally be reached M-F 8 a.m.-5 p.m..
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/DON J WILLIAMS/Examiner, Art Unit 2878
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