Prosecution Insights
Last updated: April 19, 2026
Application No. 19/103,189

Sensors and Methods

Non-Final OA §102§103§112
Filed
Feb 11, 2025
Examiner
SHEN, YUZHEN
Art Unit
2623
Tech Center
2600 — Communications
Assignee
Touch Biometrix Limited
OA Round
1 (Non-Final)
70%
Grant Probability
Favorable
1-2
OA Rounds
2y 6m
To Grant
84%
With Interview

Examiner Intelligence

Grants 70% — above average
70%
Career Allow Rate
507 granted / 720 resolved
+8.4% vs TC avg
Moderate +13% lift
Without
With
+13.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
44 currently pending
Career history
764
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
53.7%
+13.7% vs TC avg
§102
27.3%
-12.7% vs TC avg
§112
16.7%
-23.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 720 resolved cases

Office Action

§102 §103 §112
Detailed Action 1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Priority 2. Receipt is acknowledged of certified copies of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file. Claim Rejections - 35 USC § 112 3. 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. 4. Claims 8 and 9 are rejected under 35 U.S.C. 112(b) (pre-AIA 35 U.S.C. 112, 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 pre-AIA the applicant regards as the invention. Claim 8 recites the limitation “all electrically conductive components of the sensor pixel”. Claim 14 recites the limitation “any non-transparent components of the sensor pixel”. It is not clear from the claimed invention what the “all” and “any” elements are preferred to. Claims must positively recite the claimed limitations. Using “all” and “any” without a proper preceding definition and a specific structure makes the scope of the invention unclear and create ambiguity. Applicant should amend the claims 8 and 14 and replace "any" and “all” with specific and structurally supported language in accordance with the specification. Claim Rejections - 35 USC § 102 5. 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 – (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. 6. Claims 1-7, 9, 14, and 17-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by NHO (US 9836165 B2). Regarding claim 1, NHO discloses a skin contact sensor (Figs. 3-10 and 12-13; capacitive touch sensor) comprising a sensor array of sensor pixels (Figs. 7A-7F, Figs. 8B-8C, Figs. 10D-10E, and Figs. 12-13; an array of touch sensor pixel T), wherein: each sensor pixel comprises at least one thin film transistor, TFT (e.g., Fig. 7F and col. 11, lines 15-18 and lines 51-59, col. 16, lines 41-49; switching TFT of touch sensor pixel), and a sensing electrode (e.g., Figs. 7B-7C and col. 15, lines 33-34 and lines 3-5; touch sensing electrode); a top surface of the sensor array provides a contact surface for contacting by an object to be sensed (Figs. 7B-7C and 9A, col. 14, lines 53-54 and col. 15, lines 28-30; finger touch sensing); and each sensor pixel is formed of a plurality of layers including an optical colour filter layer arranged to filter one or more colours of light (Figs. 10A, 6B-6C, and 3A; take Fig. 10A as an example, each touch sensor pixel is formed of a plurality of layers including a color filter layer 1027; col. 19, lines 61-62). Regarding claim 2, NHO (Figs. 3-10 and 12-13) discloses the sensor of claim 1, wherein the plurality of layers includes an optically reflective layer located below the optical colour filter layer and comprising an optically reflective element (take Fig. 10A as an example, metal layer 1030 is located under color filter 1027, in addition, according to col. 24, lines 56-59 and col. 22, lines 25-28, touch sensing electrode can be formed of metal material, metal is highly reflective to light). Regarding claim 3, NHO (Figs. 3-10 and 12-13) discloses the sensor of claim 2, wherein for each sensor pixel, the sensing electrode provides the optically reflective element (col. 24, lines 56-59 and col. 22, lines 25-28, touch sensing electrode can be formed of metal material such as Cu). Regarding claim 4, NHO (Figs. 3-10 and 12-13) discloses the sensor of claim 2, wherein, for each sensor pixel, the optically reflective layer is a first optically reflective layer, and the sensor pixel also includes a second optically reflective layer comprising an optically reflective element, wherein the optical colour filter layer is located above the reflective elements of both reflective layers (e.g., Fig. 10A, the metal layer including a first metal 1030 and a second metal layer 1030 located under the color filter 1027). Regarding claim 5, NHO (Figs. 3-10 and 12-13) discloses the sensor of claim 2, wherein each sensor pixel comprises an electrical shield layer comprising an electrical shield (Figs. 10A and 6B-6C; metal layer 1030 or 630 functions as an electrical shield layer, which can be connected to an electrostatic discharge (ESD) device). Regarding claim 6, NHO (Figs. 3-10 and 12-13) discloses the sensor of claim 5, wherein the sensing electrode is located above the electric shield (Figs. 10A and 6B-6C; touch sensing electrode 1043 located above metal shield layer 1030). Regarding claim 7, NHO (Figs. 3-10 and 12-13) discloses the sensor of claim 6, wherein both the sensing electrode and the electric shield provide optically reflective elements for each sensor pixel (e.g., Fig. 10A, and col. 24, lines 56-59 and col. 22, lines 25-28; both touch sensing electrode 1043 and shield layer 1030 are formed of metal material, metal is highly reflective to light), and wherein the optical colour filter layer is located above the sensing electrode and the electric shield (e.g., Fig. 10A; color filter 1027 located above touch sensing electrode 1043 and shield layer 1030). Regarding claim 9, NHO (Figs. 3-10 and 12-13) discloses the sensor of claim 1, wherein, for each sensor pixel, the optical colour filter layer (Fig. 10A; color filter layer 1027) is provided on a top surface of the sensing electrode (Fig. 10A; touch sensing electrode 1043). Regarding claim 14, NHO (Figs. 3-10 and 12-13) discloses the sensor of claim 1, wherein at least one of: the sensor includes an optically reflective layer located below the optical colour filter layer and comprising an optically reflective element, wherein any non-transparent components of the sensor pixel in layers between the optically reflective layer and the colour filter layer are spatially arranged to inhibit blocking of light travelling between the optical reflective layer and the optical colour filter layer (alternative limitation, it is interpreted as optional, in addition, KIM (US 20210005845 A1) teaches the limitation, see rejections on page 11); and the sensor is arranged to be backlit by a transmitting element located below the optical colour filter layer, and wherein any non-transparent components of the sensor pixel in layers between the transmitting element and the colour filter layer are spatially arranged to inhibit blocking of light travelling between the transmitting element and the optical colour filter layer (Figs. 10A and 10C, light from light emitter 1059 is transmitted through the dielectric layer 1006 and the color filter 1027 to a user finer 1099, the arrangement of non-transparent metal elements 1030 allows the light transmission through the sensor layers). Regarding claim 17, NHO (Figs. 3-10 and 12-13) discloses the sensor of claim 2, wherein each sensor pixel comprises at least one of: (i) an optically reflective electric shield (Figs. 10A and 6B-6C; metal layer 1030 or 630 functions as an electrical shield layer, metal is highly reflective to light); (ii) optically reflective source and/or drain conductive elements (alternative limitation, it is interpreted as optional, in addition, KIM (US 20170351364 A1) teaches the limitation, see rejections on page 10); (iii) an optically reflective gate conductive element (alternative limitation, it is interpreted as optional, in addition, KIM (US 20170351364 A1) teaches the limitation, see rejections on page 10); (iv) a substrate onto which the sensor pixel is built, wherein a surface of the substrate is optically reflective (alternative limitation, it is interpreted as optional, in addition, KIM (US 20170351364 A1) teaches the limitation, see rejections on page 10), thereby to provide the optically reflective element of the sensor pixel. Regarding claim 18, NHO (Figs. 3-10 and 12-13) discloses the sensor of claim 2, and a light transmitting element, wherein the light transmitting element is arranged beneath the colour filter layer of the sensor pixels of the sensor (Figs. 10A and 10C, dielectric layer 1006 is transparent, light from light emitter 1059 is transmitted through the dielectric layer 1006 and the color filter 1027; in addition, col. 24, lines 56-59 and col. 22, lines 25-28, touch sensing electrode can be formed of transparent material such as ITO). Regarding claim 19, NHO discloses a method of manufacturing a sensor (Figs. 3-10 and 12-13; capacitive touch sensor), the sensor comprising a sensor array of sensor pixels (Figs. 7A-7F, Figs. 8B-8C, Figs. 10D-10E, and Figs. 12-13; an array of touch sensor pixels T), wherein a top surface of the sensor array provides a contact surface for contacting by an object to be sensed (Figs. 7B-7C and 9A, col. 14, lines 53-54 and col. 15, lines 28-30; finger touch sensing), and wherein each sensor pixel comprises at least one thin film transistor, TFT (e.g., Fig. 7F and col. 11, lines 15-18 and lines 51-59, col. 16, lines 41-49; switching TFT of touch sensor pixel), and a sensing electrode (e.g., Figs. 7B-7C and col. 15, lines 33-34 and lines 3-5; touch sensing electrode), the method comprising: for each sensor pixel, providing a plurality of layers for that sensor pixel including an optical colour filter layer (Figs. 10A, 6B-6C, and 3A; take Fig. 10A as an example, each touch sensor pixel is formed of a plurality of layers including a color filter layer 1027; col. 19, lines 61-62). 7. Claim 1, 8-10, 17, and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by KIM (US 20170351364 A1). Regarding claim 1, KIM discloses a skin contact sensor (Figs. 1 and 21-23; capacitive fingerprint sensor) comprising a sensor array of sensor pixels (Figs. 2-4, 6-9, 12, and 21; an array of touch sensor pixels SN), wherein: each sensor pixel comprises at least one thin film transistor, TFT (Figs. 5-9 and 14-17; each touch sensor pixel SN comprising at least one switching TFT), and a sensing electrode (Figs. 5-9 and 14-17; each touch sensor pixel SN comprising a sensing electrode); a top surface of the sensor array provides a contact surface for contacting by an object to be sensed (Figs. 1, 14-17 and 22-23; capacitive fingerprint sensing); and each sensor pixel is formed of a plurality of layers including an optical colour filter layer arranged to filter one or more colours of light (Figs. 2-3 and 14-17; a plurality of layers including a color filter layer 240). Regarding claim 8, KIM (Figs. 1-2 and 21) discloses the sensor of claim 6, wherein all electrically conductive components of the sensor pixel provide optically reflective elements (Figs. 14-17 and [0162], [0165], [0183]; the sensing electrode and the switching TFT are formed of metal material, metal is highly reflective to light). Regarding claim 9, KIM (Figs. 1-2 and 21) discloses the sensor of claim 1, wherein, for each sensor pixel, the optical colour filter layer (Figs. 2D and 14-17; color filter layer 240) is provided on a top surface of the sensing electrode (Figs. 2D and 14-17; touch sensing electrode). Regarding claim 10, KIM (Figs. 1-2 and 21) discloses the sensor of claim 1, wherein, for each sensor pixel, a passivation layer is provided on atop surface of the sensing electrode (Fig. 17; passivation layer on top surface of touch sensing electrode), and wherein the optical colour filter layer is provided on a top surface of the passivation layer (Figs. 2D and 17; color filter layer 240 on top surface of passivation layer). Regarding claim 17, KIM (Figs. 1-2 and 21) discloses the sensor of claim 2, wherein each sensor pixel comprises at least one of: (i) an optically reflective electric shield (alternative limitation, it is interpreted as optional); (ii) optically reflective source and/or drain conductive elements (Figs. 14-17 and [0162]; source and drain of the switching TFT are formed of metal material, metal is highly reflective to light); (iii) an optically reflective gate conductive element (alternative limitation, it is interpreted as optional, in addition, Figs. 14-17 and [0162] teach gate of the switching TFT are formed of metal material, metal is highly reflective to light); (iv) a substrate onto which the sensor pixel is built, wherein a surface of the substrate is optically reflective (alternative limitation, it is interpreted as optional, in addition, Figs. 14-17 and [0161] and [0166] teach the substrate of the sensor can be formed of metal material, metal is highly reflective to light), thereby to provide the optically reflective element of the sensor pixel. Regarding claim 19, KIM discloses a method of manufacturing a sensor (Figs. 1 and 21-23; capacitive fingerprint sensor), the sensor comprising a sensor array of sensor pixels (Figs. 2-4, 6-9, 12, and 21; an array of touch sensor pixels SN), wherein a top surface of the sensor array provides a contact surface for contacting by an object to be sensed (Figs. 1, 14-17 and 22-23; capacitive fingerprint sensing), and wherein each sensor pixel comprises at least one thin film transistor, TFT (Figs. 5-9 and 14-17; each touch sensor pixel SN comprising at least one switching TFT), and a sensing electrode (Figs. 5-9 and 14-17; each touch sensor pixel SN comprising a sensing electrode), the method comprising: for each sensor pixel, providing a plurality of layers for that sensor pixel including an optical colour filter layer (Figs. 2 and 14-17; a plurality of layers including a color filter layer 240). Claim Rejections - 35 USC § 103 8. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. 9. Claim 11 is rejected under 35 U.S.C. 103 as unpatentable over KIM (US 20170351364 A1) in view of LEE (US 20190034688 A1). Regarding claim 11, KIM (Figs. 1-2 and 21) discloses the sensor of claim 1, but does not disclose a hard coat is provided on top of the sensor pixel. However, LEE (e.g., Figs. 2-4 and 7) discloses a sensor essentially same as that disclosed by KIM: wherein, for each sensor pixel (Figs. 2-4; touch sensor SP), a hard coat is provided on top of the sensor pixel (Figs. 2-4 and [0066]; cover window WP of touch sensor SP including a hard coating layer), and wherein the optical colour filter layer is provided on a top surface of the hard coat or the hard coat is provided on a top surface of the optical colour filter layer (Figs. 2-4 and [0062]; substrate RPP including color filter layer). Therefore, it would have been obvious to one skilled in the art at the effective filing date of the claimed invention to incorporate the teaching from LEE to the display and sensor device of KIM. The combination/motivation would be to provide a protection for the display and sensor device. 10. Claim 12 is rejected under 35 U.S.C. 103 as unpatentable over KIM (US 20170351364 A1) in view of CHIEN (US 20100136868 A1). Regarding claim 12, KIM (Figs. 1-2 and 21) discloses the sensor of claim 1, but does not disclose wherein for at least some of the sensor pixels, an aperture ratio for the colour filter is varied. However, CHIEN (Figs. 11-16 and 18-22) discloses a display and sensor device similar to that disclosed by KIM, wherein for at least some of the sensor pixels, an aperture ratio for the colour filter is varied to provide a selected property for the colour filtering provided by said pixels (Figs. 15-16 and 21-22; for central sensor pixels and edge sensor pixels, aperture ratio for the colour filter is varied). Therefore, it would have been obvious to one skilled in the art at the effective filing date of the claimed invention to incorporate the teaching from KIM’845 and/or ITO to the display and sensor device of KIM’364. The combination/motivation would be to provide a color display device integrated with a capacitive touch sensor. 11. Claims 13-15 are rejected under 35 U.S.C. 103 as unpatentable over KIM (US 20170351364 A1; KIM’364) in view of KIM (US 20210005845 A1; KIM’845). Regarding claim 13, KIM’364 (Figs. 1-2 and 21) discloses the sensor of claim 1, but does not disclose wherein, for at least some of the sensor pixels, the colour filter layer for the sensor pixel includes a first colour filter and a second colour filter. However, KIM’845 (Figs. 2 and 7-8 and 11-12) discloses a display and sensor device similar to that disclosed by KIM’364, wherein, for at least some of the sensor pixels (e.g., Figs. 11 and 15; sensor layer ISL comprising touch sensor pixels SP), the colour filter layer for the sensor pixel includes a first colour filter and a second colour filter, and wherein the first colour filter is for a different colour to the second colour filter (e.g., Figs. 11 and 15; color filter layer CF for one sensor pixel SP includes a first color filter (e.g., red color filer CFR) and a second color filter (e.g., green color filter CFG)). In addition, ITO (US 20150069362 A1; e.g., Figs. 6, 14-15, 20-21, and 24-25) discloses the same features as claimed (color filter layer 186 for one sensor pixel 106 includes a first color filter (e.g., red color filer 186r) and a second color filter (e.g., green color filter 186g)). Therefore, it would have been obvious to one skilled in the art at the effective filing date of the claimed invention to incorporate the teaching from KIM’845 and/or ITO to the display and sensor device of KIM’364. The combination/motivation would be to provide a color display device integrated with a capacitive touch sensor. Regarding claim 14, KIM’364 (Figs. 1-2 and 21) discloses the sensor of claim 1, but does not disclose the features in claim 14. However, KIM’845 (Figs. 2 and 7-8 and 11-12) discloses a display and sensor device similar to that disclosed by KIM’364, wherein at least one of: the sensor includes an optically reflective layer located below the optical colour filter layer and comprising an optically reflective element (Figs. 11-12; sensor pixels SP and reflective layer LRF1 located under color filter layer CFL), wherein any non-transparent components of the sensor pixel in layers (Figs. 11-12; non-transparent layer BM) between the optically reflective layer (Figs. 11-12; reflective layer LRF1) and the colour filter layer (Figs. 11-12; color filter layer CFL) are spatially arranged to inhibit blocking of light travelling (Fig. 12; light L_E1/L-E2) between the optical reflective layer (Fig. 12; reflective layer LRF1) and the optical colour filter layer (Fig. 12; color filter layer CFR); and the sensor is arranged to be backlit by a transmitting element located below the optical colour filter layer, and wherein any non-transparent components of the sensor pixel in layers between the transmitting element and the colour filter layer are spatially arranged to inhibit blocking of light travelling between the transmitting element and the optical colour filter layer (alternative limitation, it is interpreted as optional, in addition, NHO (US 9836165 B2) teaches the limitation, see rejection on page 6). Therefore, it would have been obvious to one skilled in the art at the effective filing date of the claimed invention to incorporate the teaching from KIM’845 to the display and sensor device of KIM’364. The combination/motivation would be to provide a color display device integrated with a capacitive touch sensor. Regarding claim 15, KIM’364 in view of KIM’845 discloses the sensor of claim 1, KIM’845 (Figs. 2 and 7-8 and 11-12) discloses wherein said non-transparent components of the sensor pixel are arranged to be laterally offset from an area of the sensor underneath the colour filter (Fig. 12; lateral offset=(IS_OPR-ML_OPRI)/2). Therefore, it would have been obvious to one skilled in the art at the effective filing date of the claimed invention to incorporate the teaching from KIM’845 to the display and sensor device of KIM’364 for the same reason above. 12. Claim 20 is rejected under 35 U.S.C. 103 as unpatentable over NHO (US 9836165 B2) or KIM (US 20170351364 A1) in view of IMOTO (US 20200258929 A1). Regarding claim 20, NHO or KIM discloses the method of claim 19, but does not disclose wherein providing the optical colour filter layer for the sensor pixels of the array comprises use of a photolithography method. However, a manufacturing process for making color filters is also well known. As a reference, IMOTO discloses wherein providing the optical colour filter layer for the sensor pixels of the array comprises use of a photolithography method (e.g., Figs. 2 and 5; fabricating color filter patterns by photolithography). Therefore, it would have been obvious to one skilled in the art at the effective filing date of the claimed invention to incorporate the teaching from IMOTO to the display and sensor device of NHO or KIM. The combination/motivation would be to apply a well-known manufacturing process for making color filters. 13. Claim 23 is rejected under 35 U.S.C. 103 as unpatentable over KIM (US 20170351364 A1) in view of FAN (US 20210012080 A1). Regarding claim 23 KIM (Figs. 1-2 and 21) discloses a method of designing a sensor (Figs. 1 and 21; fingerprint sensor), the sensor comprising a sensor array of sensor pixels (Figs. 2-4, 6-9, 12, and 21; an array of touch sensor pixels SN), wherein a top surface of the sensor array provides a contact surface for contacting by an object to be sensed (Figs. 1, 14-17 and 22-23; capacitive fingerprint sensing), wherein each sensor pixel comprises at least one thin film transistor, TFT (Figs. 5-9 and 14-17; each touch sensor pixel SN comprising at least one switching TFT), and a sensing electrode (Figs. 5-9 and 14-17; each touch sensor pixel SN comprising a sensing electrode), and wherein each sensor pixel is formed of a plurality of layers including an optical colour filter layer arranged to filter one or more colours of light (Figs. 2-3 and 14-17; a plurality of layers including a color filter layer 240). KIM does not disclose the method comprising: obtaining an indication of a selected appearance for the top surface of the sensor; and selecting at least one optical property for the optical filter of each sensor pixel of the array based on the selected appearance for the top surface of the sensor. However, FAN discloses a method of designing a sensor (Figs. 1-7; fingerprint sensor), the method comprising: obtaining an indication of a selected appearance for the top surface of the sensor (Fig. 8 and [0059], [0056]; color indication for touch and fingerprint sensing); and selecting at least one optical property for the optical filter of each sensor pixel of the array based on the selected appearance for the top surface of the sensor (Fig. 8 and [0059], [0056]; color filter in accordance with desired light color). Therefore, it would have been obvious to one skilled in the art at the effective filing date of the claimed invention to incorporate the teaching from FAN to the display and sensor device of KIM. The combination/motivation would be to improve an accuracy of fingerprint recognition (FAN, [0059]). Inquiry Any inquiry concerning this communication or earlier communications from the examiner should be directed to YUZHEN SHEN whose telephone number is (571)272-1407. The examiner can normally be reached on 9:00-18:00. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chanh Nguyen can be reached on 571-272-7772. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /YUZHEN SHEN/Primary Examiner, Art Unit 2623
Read full office action

Prosecution Timeline

Feb 11, 2025
Application Filed
Jan 11, 2026
Non-Final Rejection — §102, §103, §112 (current)

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Expected OA Rounds
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2y 6m
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