CTNF 19/057,441 CTNF 88311 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Priority 02-26 AIA 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 The information disclosure statement (IDS) submitted on 02/19/2025 is in compliance with the provisions on 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Drawings The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the limitation “wherein a shape of a principal curved surface of the microlens is such that a first curvature of the microlens optical system at a first distance from an optical axis of the microlens optical system is larger than a second curvature of the microlens optical system at a second distance which is farther from the optical axis of the microlens optical system than the first distance, and the first curvature of the microlens optical system is larger than a third curvature of the microlens optical system at a third distance which is farther from the optical axis of the microlens optical system than the first distance” of claims 2 and 12-13 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. Examiner notes: Applicant’s drawings Figure 15 is seen to show the first curvature of the microlens optical system is larger than a third curvature of the microlens optical system at a third distance which is closer from the optical axis of the microlens optical system than the first distance. 06-22 Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. Claim Rejections - 35 USC § 112 07-30-01 AIA The following is a quotation of the first paragraph of 35 U.S.C. 112(a): (a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention. The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112: The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention. 07-31-01 Claims 2-10 and 12-13 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 2 recites “the first curvature of the microlens optical system is larger than a third curvature of the microlens optical system at a third distance which is farther from the optical axis of the microlens optical system than the first distance”. However, this limitation is not described in applicant’s specification or drawings. With reference to Applicant’s Drawings Figure 15, Applicant’s Specification Paragraphs 0112, 0121 and 0123 recites: [0112] In 15A, a zeroth distance from the optical axis of the microlens optical system is denoted by r50 , a first distance from the optical axis of the microlens optical system is denoted by r51 , and a second distance from the optical axis of the microlens optical system is denoted by r52 . The magnitude relationship between the zeroth distance r50, the first distance r51 and the second distance r52 is, on the radial coordinates with the optical axis of the microlens optical system being the center, the zeroth distance r50<the first distance r51<the second distance r52, and a position at the zeroth distance r50 is close to the center, a position at the first distance r51 is in an intermediate range, and a position at the second distance r52 is close to the periphery. [0121] First, the first curvature of the microlens optical system at the first distance r51 is larger than the second curvature of the microlens optical system at the second distance r52. Further, the first focal point z51 of the microlens optical system corresponding to the first distance r51 is on the light receiving side with respect to the second focal point z52 of the microlens optical system corresponding to the second distance r52. [0123] As shown in 15A, in the present embodiment, the zeroth curvature of the microlens optical system at the zeroth distance r50 is designed to be smaller than the first curvature of the microlens optical system at the first distance r51 . Other embodiments of applicant’s disclosure are not seen to have first to third curvatures. If the zeroth distance r50 is interpreted as the first distance of the claim, the first curvature would not be “larger than a second curvature” and “larger than a third curvature” since the zeroth curvature of the microlens optical system at the zeroth distance r50 is designed to be smaller than the curvature at distance z51. Therefore, applicant’s specification is not seen to provide support for “the first curvature of the microlens optical system is larger than a third curvature of the microlens optical system at a third distance which is farther from the optical axis of the microlens optical system than the first distance”. Claims 3-10 are rejected as being dependent on claim 2. Claims 12-13 are rejected for the same reasons as claim 2. Examiner notes: Applicant’s specification is seen to provide support for “the first curvature of the microlens optical system is larger than a third curvature of the microlens optical system at a third distance which is closer from the optical axis of the microlens optical system than the first distance” 07-31-02 AIA Claim 5 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention. Claim 5 recites: “wherein: let a pixel size of the pixel be P, the first distance be r1 , the second distance be r2, and the third distance be r0 , then 0 ≤ r0 < 0.29P ≤ r1< 0.41P < r2 ≤ 0.5P holds.” The limitation requires third distance r0 to be less than first distance r1. However, claim 1 recites “a third distance which is farther from the optical axis of the microlens optical system than the first distance”. Applicant’s specification does not enable one skilled in the art to produce the first curvature of the microlens optical system is larger than a third curvature of the microlens optical system at a third distance which is farther from the optical axis of the microlens optical system than the first distance and have “ 0 ≤ r0 < 0.29P ≤ r1< 0.41P ” hold true . Claim Rejections - 35 USC § 102 07-06 AIA 15-10-15 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. 07-07-aia AIA 07-07 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – 07-08-aia AIA (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. 07-15-aia AIA Claim(s) 11 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Kato et al. (US 2015/0350529 A1) . Regarding claim 11, Kato et al. (hereafter referred as Kato) teaches an image sensor (Kato, Figs. 2 and 4) having a plurality of pixels including focus detection pixels (Kato, Fig. 4, Paragraphs 0050 and 0055) that outputs signals from which a pair of focus detection signals having parallax can be obtained based on light flux passing through different pupil regions of an imaging optical system (Kato, Fig. 1, image pickup lens 101, Paragraph 0050, With respect to Figure 3, Kato states the light shield blocks light from one exit pupil and passes light from the other exit pupil. Figure 4 removes the light shield and places two photodiodes in the pixel. Therefore, each photodiode would obtain signals from different pupil regions of the imaging optical system. Further, it is known that phase difference detection pixels obtain parallax signals based on light flux passing through different pupil regions to operate (see conclusion).), each pixel comprising: at least one photoelectric conversion unit (Kato, Fig. 4, photoelectric conversion unit, Paragraph 0055); and a microlens optical system provided on a side on which light is incident with respect to the photoelectric conversion unit (Kato, Fig. 4, microlens 407, Fig. 9, Paragraph 0095), wherein a shape of a principal curved surface of the microlens optical system is such that a first curvature (Kato, Fig. 9C, cross section 941/ first curvature radius R1) of the microlens optical system at a first distance (Kato, Fig. 9A, Distance of P1 to P5) from an optical axis of the microlens optical system is larger than a second curvature (Kato, Fig. 9C, cross section 942/ second curvature radius R2) of the microlens optical system at a second distance (Kato, Fig. 9A, Distance of P2 to P5) which is farther from the optical axis (Kato, Fig. 9A, P5) of the microlens optical system than the first distance (Kato, Paragraphs 0099-0105), and wherein: let a pixel size of the pixel be P, the first distance be r1, and the second distance be r2, then r1< 0.35P <r2 holds (Kato, Figs. 4 and 9A, Paragraph 0101, The pixel size P is considered to be length L1. “The first position P1 may be any position at a distance of less than half the first length L1 from the third position P3”. Therefore, P1 may be 0P to 0.5P from P5 and r1 may be 0P to 0.5P. “the second position P2 may be any position at a distance of half the first length L1 or more from the third position P3”. Therefore, P2 may be 0P to 0.5P from P5 and r2 may be 0P to 0.5P. Therefore, Kato discloses “r1< 0.35P <r2” may be used.) . Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-21-aia AIA Claim (s) 2-4, 6-7, 9-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 2015/0062390 A1) in view of Sasaki (US 2016/0248967 A1) . Regarding claim 2, Kim et al. (hereafter referred as Kim) teaches an image sensor (Kim, Fig. 5) having a plurality of pixels including focus detection pixels that outputs signals from which a pair of focus detection signals (Kim, Paragraph 0009), each pixel (Kim, Fig. 5) comprising: at least one photoelectric conversion unit (Kim, Fig. 5, photodiodes 120, Paragraph 0029 and 0057-0058); and a microlens optical system provided on a side on which light is incident with respect to the photoelectric conversion unit (Kim, Fig. 5, microlens 175, Paragraph 0058), wherein a shape of a principal curved surface of the microlens optical system is such that a first curvature of the microlens optical system at a first distance from an optical axis of the microlens optical system is larger than a second curvature of the microlens optical system at a second distance which is farther from the optical axis of the microlens optical system than the first distance (Kim, Fig. 5, Paragraph 0059, The first curvature at a first distance is the curvature near the center. The second curvature at a second distance is the curvature away from the center. The curvature over the center photodiode is a positive curvature. The curvature over the side photodiodes has a negative curvature.), and the first curvature of the microlens optical system is larger than a third curvature of the microlens optical system at a third distance which is farther from the optical axis of the microlens optical system than the first distance (Kim, Fig. 5, Paragraph 0059, The third curvature at a third distance is another curvature away from the center and may be at a distance that is the same or farther from the second distance.). However, Kim does not explicitly state the pair of focus detection signals having parallax can be obtained based on light flux passing through different pupil regions of an imaging optical system. In reference to Sasaki, Sasaki teaches an image sensor that outputs a pair of focus detection signals having parallax can be obtained based on light flux passing through different pupil regions of an imaging optical system (Sasaki, Paragraphs 0041-0042). These arts are analogous since they are both related to imaging device. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA) to modify the invention of Kim with the use of the optical system as seen in Sasaki to focus light onto the image sensor. Regarding claim 3, the combination of Kim and Sasaki teaches the image sensor according to claim 2 (see claim 2 analysis). wherein: let a pixel size of the pixel be P, the first distance be r1, and the second distance be r2, then r1< 0.35P <r2 holds (Kim, Fig. 5, P is considered to be the length of the microlens 175, r1 may be any distance at which there is a positive curvature (including the center) and r2 may be any distance at which there is a negative curvature (in the outer edge of the microlens.). Regarding claim 4, the combination of Kim and Sasaki teaches the image sensor according to claim 2 (see claim 2 analysis). wherein: let the pixel size of the pixel be P, the second distance be r2, then r2 ≤ P holds (Kim, Fig. 5, The distance from the center of the microlens to any distance at which there is a negative curvature (in the outer edge of the microlens.) is less than the total length of the microlens.). Regarding claim 6, the combination of Kim and Sasaki teaches the image sensor according to claim 2 (see claim 2 analysis), wherein diameters of convergence spots formed with light flux passing through circular portions of the microlens optical system with radii of a plurality of distances from the optical axis of the microlens optical system are respectively included in depths of focus of the microlens optical system corresponding to the plurality of distances, respectively (Kim, Figs. 1 and 5, The convergence spot of circular portions of the microlens optical system with radii at the center portion of the micro lens is at a different depth than a convergence spot of circular portions of the microlens optical system with radii at the outer portion of the microlens.). Regarding claim 7, the combination of Kim and Sasaki teaches the image sensor according to claim 2 (see claim 2 analysis), wherein the microlens optical system includes one microlens (Kim, Fig. 5). Regarding claim 9, the combination of Kim and Sasaki teaches the image sensor according to claim 1 (see claim 1 analysis), wherein the each pixel further comprises a wiring layer provided on an opposite side of the side on which light is incident (Kim, Paragraph 0041, “a microlens according to the present invention can be applied …a back side illumination (BSI) image sensor.” A BSI image sensor comprises a wiring layer provided on an opposite side of the side on which light is incident.). Regarding claim 10, the combination of Kim and Sasaki teaches the image sensor according to claim 1 (see claim 1 analysis), wherein the each pixel further comprises a wiring layer provided on a side on which light is incident (Kim, Fig. 5, metal interconnection layer 130, Paragraphs 0029 and 0041). Regarding claim 11, Kim teaches an image sensor (Kim, Fig. 5) having a plurality of pixels including focus detection pixels that outputs signals from which a pair of focus detection signals (Kim, Paragraph 0009), each pixel (Kim, Fig. 5) comprising: at least one photoelectric conversion unit (Kim, Fig. 5, photodiodes 120, Paragraph 0029 and 0057-0058); and a microlens optical system provided on a side on which light is incident with respect to the photoelectric conversion unit (Kim, Fig. 5, microlens 175, Paragraph 0058), wherein a shape of a principal curved surface of the microlens optical system is such that a first curvature of the microlens optical system at a first distance from an optical axis of the microlens optical system is larger than a second curvature of the microlens optical system at a second distance which is farther from the optical axis of the microlens optical system than the first distance (Kim, Fig. 5, Paragraph 0059, The curvature over the center photodiode is a positive curvature. The curvature over the side photodiodes has a negative curvature.), and wherein: let a pixel size of the pixel be P, the first distance be r1, and the second distance be r2, then r1< 0.35P <r2 holds (Kim, Fig. 5, P is considered to be the length of the microlens 175, r1 may be any distance at which there is a positive curvature (including the center) and r2 may be any distance at which there is a negative curvature (in the outer edge of the microlens.). However, Kim does not explicitly state the pair of focus detection signals having parallax can be obtained based on light flux passing through different pupil regions of an imaging optical system. In reference to Sasaki, Sasaki teaches an image sensor that outputs a pair of focus detection signals having parallax can be obtained based on light flux passing through different pupil regions of an imaging optical system (Sasaki, Paragraphs 0041-0042). These arts are analogous since they are both related to imaging device. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA) to modify the invention of Kim with the use of the optical system as seen in Sasaki to focus light onto the image sensor. Regarding claim 12, Kim teaches an image sensor (Kim, Fig. 5) having a plurality of pixels including focus detection pixels that outputs signals from which a pair of focus detection signals (Kim, Paragraph 0009), each pixel (Kim, Fig. 5) comprising: at least one photoelectric conversion unit (Kim, Fig. 5, photodiodes 120, Paragraph 0029 and 0057-0058); and a microlens optical system provided on a side on which light is incident with respect to the photoelectric conversion unit (Kim, Fig. 5, microlens 175, Paragraph 0058), wherein a shape of a principal curved surface of the microlens optical system is such that a first curvature of the microlens optical system at a first distance from an optical axis of the microlens optical system is larger than a second curvature of the microlens optical system at a second distance which is farther from the optical axis of the microlens optical system than the first distance (Kim, Fig. 5, Paragraph 0059, The first curvature at a first distance is the curvature near the center. The second curvature at a second distance is the curvature away from the center. The curvature over the center photodiode is a positive curvature. The curvature over the side photodiodes has a negative curvature.), and the first curvature of the microlens optical system is larger than a third curvature of the microlens optical system at a third distance which is farther from the optical axis of the microlens optical system than the first distance (Kim, Fig. 5, Paragraph 0059, The third curvature at a third distance is another curvature away from the center and may be at a distance that is the same or farther from the second distance.). However, Kim does not explicitly state the pair of focus detection signals having parallax can be obtained based on light flux passing through different pupil regions of an imaging optical system and does not teach an image capturing apparatus comprising: the image sensor, the imaging optical system; and a processing unit that processes signals output from the image sensor. In reference to Sasaki, Sasaki teaches an image capturing apparatus comprising an image sensor that outputs a pair of focus detection signals having parallax can be obtained based on light flux passing through different pupil regions of an imaging optical system (Sasaki, Paragraphs 0041-0042); the imaging optical system (Sasaki, Fig. 1, Optical System 104, Paragraph 0035); and a processing unit that processes signals output from the image sensor (Sasaki, Fig. 1, image processor 107, Paragraph 107). These arts are analogous since they are both related to imaging device. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA) to modify the invention of Kim with the use of the optical system and processing unit as seen in Sasaki to focus light onto the image sensor and process signals from the image sensor. Claim 13 is rejected for the same reasons as claim 12 . 07-21-aia AIA Claim (s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 2015/0062390 A1) in view of Sasaki (US 2016/0248967 A1) in view of Lee (US 9,935,146 B1) . Regarding claim 8, the combination of Kim and Sasaki teaches the image sensor according to claim 2 (see claim 2 analysis), wherein the microlens optical system includes one microlens (Kim, Fig. 5). However, the combination of Kim and Sasaki does not teach wherein the microlens optical system includes one microlens and one or more intralayer lenses. In reference to Lee, Lee teaches wherein the microlens optical system includes one microlens and one or more intralayer lenses (Lee, Figs. 4 and 9, Column 6, Lines 9-20, Column 9, Lines 19-34). These arts are analogous since they are both related to imaging device. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA) to modify the combination of Kim and Sasaki with the intralayer lens as seen in Lee to increases the asymmetric angular response of phase detection pixel pair and may improve the phase detection pixel performance of the phase detection pixel pair (Lee, Column 6, Lines 9-20). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to WESLEY JASON CHIU whose telephone number is (571)270-1312. The examiner can normally be reached Mon-Fri: 8am-4pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Twyler Haskins can be reached at (571) 272-7406. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. 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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /WESLEY J CHIU/Examiner, Art Unit 2639 /TWYLER L HASKINS/Supervisory Patent Examiner, Art Unit 2639 Application/Control Number: 19/057,441 Page 2 Art Unit: 2639 Application/Control Number: 19/057,441 Page 3 Art Unit: 2639 Application/Control Number: 19/057,441 Page 4 Art Unit: 2639 Application/Control Number: 19/057,441 Page 5 Art Unit: 2639 Application/Control Number: 19/057,441 Page 6 Art Unit: 2639 Application/Control Number: 19/057,441 Page 7 Art Unit: 2639 Application/Control Number: 19/057,441 Page 8 Art Unit: 2639 Application/Control Number: 19/057,441 Page 9 Art Unit: 2639 Application/Control Number: 19/057,441 Page 10 Art Unit: 2639 Application/Control Number: 19/057,441 Page 11 Art Unit: 2639 Application/Control Number: 19/057,441 Page 12 Art Unit: 2639 Application/Control Number: 19/057,441 Page 13 Art Unit: 2639 Application/Control Number: 19/057,441 Page 14 Art Unit: 2639 Application/Control Number: 19/057,441 Page 15 Art Unit: 2639
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