CTNF 19/263,166 CTNF 82202 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. Double Patenting 08-33 AIA 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. 08-34 AIA Claim s 1, 5 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim s1, 9 of U.S. Patent No. 12382739 . Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the patent anticipate the claims of the present application . Patent No.12,382,739 Present Application No.19/263,166 Claim1 recites a light detecting device comprising: a filter array including filters that are arranged two-dimensionally; and an image sensor including light detection elements, wherein the filters include a first filter and a second filter, each of the first filter and the second filter includes a first reflective layer, a second reflective layer, and an intermediate layer between the first reflective layer and the second reflective layer and has a resonance structure, each of the first filter and the second filter has a transmission spectrum such that first light passing through the first filter has first peaks as first local maximum values and second light passing through the second filter has second peaks as second local maximum values, the first peaks result from the resonance structure of the first filter, the second peaks result from the resonance structure of the second filter, each of the light detection elements is disposed at a position where each of the detection elements receives passing light that passes through at least one of the filters, the passing light having peaks as local maximum values, and each of the light detection elements detects the peaks included in the passing light. Claim1 recites light detecting device comprising: a filter array including filters that are arranged two-dimensionally; and an image sensor including light detection elements, wherein the filters include a first filter and a second filter, a transmission spectrum of the second filter being different from a transmission spectrum of the first filter, each of the first filter and the second filter includes a first reflective layer, a second reflective layer, and an intermediate layer provided between the first reflective layer and the second reflective layer, each of the first filter and the second filter is configured to transmit light in at least two spectral bands, and each of the light detection elements detects components in the at least two spectral bands in light transmitted through at least one of the filters, and the image sensor thereby generates an image signal. Claim9 recites a system comprising: the light detecting device according to claim 1; and a signal processing circuit, wherein the signal processing circuit generates, based on first information output from the image sensor, images, the images corresponding one-to-one to wavelength bands. Claim5 recites camera system comprising: the light detecting device according to claim 1; and a processor configured to generate separate images based on the image signal, each of the separate images corresponding to each of spectral bands . 08-36 AIA Claim 2 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,382,739 in view of Lee et al US 2019/0016091(hereinafter Lee) . Regarding claim2, the claim of the patent does not disclose and Lee discloses a use of Fabry-Perot filter ([0090], Fabry-Perot filter, fig. 27). It would have been obvious to a person having ordinary skill in the art to use Fabry-Perot filter as in Lee because it would allow dynamic changing the transmission wavelength efficiently . 08-36 AIA Claim s3-4 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,382,739 in view of Meijer et al US 2012/0092666(hereinafter Meijer) . Regarding claim3, the claims of the patent do not disclose and Meijer discloses the light detecting device according to claim 1, wherein at least one selected from the group consisting of the first reflective layer and the second reflective layer include a dielectric multilayer film ([0048], dielectric mirror, fig. 4a-4b). It would have been obvious to a person having ordinary skill in the art to use dielectric multilayer film layer as in Meijer because it would reduce the size and with weight of the device relative to similar reflective layers. Regarding claim4, the claims of the patent do not disclose and Meijer discloses the light detecting device according to claim 1, wherein at least one selected from the group consisting of the first reflective layer and the second reflective layer is continuously provided across the first filter and the second filter in order to selectively transmit the desired wavelength while rejecting unwanted noise effectively (see fig. 4a-4b) . 08-34 AIA Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,074,184 . Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the patent anticipate the claims of the present application . Patent No. 12,074,184 Present Application No.19/263,166 Claim1 recites a light detecting device comprising: a filter array including a plurality of filters that are two-dimensionally arrayed; and an image sensor including a plurality of light detection elements, wherein: the plurality of filters include a first filter and a second filter, each of the first filter and the second filter includes a first reflective layer, a second reflective layer, and an intermediate layer between the first reflective layer and the second reflective layer and has a resonance structure having resonant modes, orders of the resonant modes being different from each other, at least one selected from the group consisting of a refractive index and a thickness of the intermediate layer in the first filter is different from the at least one selected from a refractive index and a thickness of the intermediate layer in the second filter, each of the first filter and the second filter has a transmission spectrum such that a light passing through each of the first filter and the second filter has a plurality of peaks as local maximum values in a wavelength region, the plurality of peaks correspond to the resonant modes, respectively, each of the plurality of light detection elements is disposed at a position where each of the plurality of light detection elements receives passing light that passes through at least one of the plurality of filters, and each of the plurality of light detection elements detects the plurality of peaks included in the passing light. Claim1 recites light detecting device comprising: a filter array including filters that are arranged two-dimensionally; and an image sensor including light detection elements, wherein the filters include a first filter and a second filter, a transmission spectrum of the second filter being different from a transmission spectrum of the first filter, each of the first filter and the second filter includes a first reflective layer, a second reflective layer, and an intermediate layer provided between the first reflective layer and the second reflective layer, each of the first filter and the second filter is configured to transmit light in at least two spectral bands, and each of the light detection elements detects components in the at least two spectral bands in light transmitted through at least one of the filters, and the image sensor thereby generates an image signal . 08-36 AIA Claim 2 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,074,184 in view of Lee . Regarding claim2, the claim of the patent does not disclose and Lee discloses a use of Fabry-Perot filter ([0090], Fabry-Perot filter, fig. 27). It would have been obvious to a person having ordinary skill in the art to use Fabry-Perot filter as in Lee because it would allow dynamic changing the transmission wavelength efficiently . 08-36 AIA Claim s3-4 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,382,739 in view of Meijer . Regarding claim3, the claims of the patent do not disclose and Meijer discloses the light detecting device according to claim 1, wherein at least one selected from the group consisting of the first reflective layer and the second reflective layer include a dielectric multilayer film ([0048], dielectric mirror, fig. 4a-4b). It would have been obvious to a person having ordinary skill in the art to use dielectric multilayer film layer as in Meijer because it would reduce the size and with weight of the device relative to similar reflective layers. Regarding claim4, the claims of the patent do not disclose and Meijer discloses the light detecting device according to claim 1, wherein at least one selected from the group consisting of the first reflective layer and the second reflective layer is continuously provided across the first filter and the second filter in order to selectively transmit the desired wavelength while rejecting unwanted noise effectively ( see fig. 4a-4b) . Claim Rejections - 35 USC § 102 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 Claim s 1, 3-4 are rejected under 35 U.S.C. 102( a)(1 ) as being disclosed by Meijer . Regarding claim1,Meijer discloses a light detecting device comprising: a filter array including filters that are arranged two-dimensionally (fig. 4a, 4b, fig. 5, [0043-0054], hybrid filters 401, 402, 503-509) ; and an image sensor including light detection elements (fig. 5,[0055], photodetectors 571 and 572) , wherein the filters include a first filter and a second filter (fig. 4a, 4b, fig. 5, [0043-0054], hybrid filters 401, 402, 503-509) , a transmission spectrum of the second filter being different from a transmission spectrum of the first filter ([0018], [0054], [0056]) , each of the first filter and the second filter includes a first reflective layer, a second reflective layer (fig. 1 fig. 4a-4b, dielectric mirror and metal mirror) , and an intermediate layer provided between the first reflective layer and the second reflective layer (fig. 1, fig. 4a-4b, spacer 420 between mirror 410 and 430) , each of the first filter and the second filter is configured to transmit light in at least two spectral bands([0038], ), and each of the light detection elements detects components in the at least two spectral bands in light transmitted through at least one of the filters, and the image sensor thereby generates an image signal (fig. 1, fig. 5, [0003], [0009], [0053], photo-detectors 471 and 472 receives light of a certain wavelength filtered by filters 401 and 402). Regarding claim3, Meijer discloses the light detecting device according to claim 1, wherein at least one selected from the group consisting of the first reflective layer and the second reflective layer include a dielectric multilayer film ([0048], fig. 4a-4b). Regarding claim4, Meijer discloses the light detecting device according to claim 1, wherein at least one selected from the group consisting of the first reflective layer and the second reflective layer is continuously provided across the first filter and the second filter (see fig. 4a-4b) . 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. 07-22-aia AIA Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Meijer as applied to claim s 1,3-4 above, and further in view of Lee . Regarding claim2, Meijer teaches all the limitations of claim1 above but does not teach and Lee teaches the light detecting device according to claim 1, wherein each of the first filter and the second filter is a Fabry-Perot filter ([0090], Fabry-Perot filter, fig. 27). It would have been obvious to a person having ordinary skill in the art to use Fabry-Perot filter as in Lee because it would allow dynamic changing the transmission wavelength efficiently . Allowable Subject Matter 12-151-08 AIA 07-43 12-51-08 Claim 6 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. Any inquiry concerning this communication or earlier communications from the examiner should be directed to GIRUMSEW WENDMAGEGN whose telephone number is (571)270-1118. The examiner can normally be reached 9:00-7:00 PM. 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, Thai Tran can be reached at (571) 272-7382. 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. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. GIRUMSEW WENDMAGEGN Primary Examiner Art Unit 2484 /GIRUMSEW WENDMAGEGN/ Primary Examiner, Art Unit 2484 Application/Control Number: 19/263,166 Page 2 Art Unit: 2484 Application/Control Number: 19/263,166 Page 3 Art Unit: 2484
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