www.uspto.gov
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`17/472,784
`
`09/13/2021
`
`YOSHIHIRO SATO
`
`083710-3511
`
`5232
`
`m
`
`MW
`MWE-1
`500 North Capitol St, NW
`Washington, DC 20001
`
`wees
`
`WU, ZHENZHEN
`
`PAPER NUMBER
`
`ART UNIT
`
`2637
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`10/27/2023
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`Thetime period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`
`ipdocketmwe @mwe.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`Office Action Summary
`
`Application No.
`17/472,784
`Examiner
`ZHENZHEN WU
`
`Applicant(s)
`SATO, YOSHIHIRO
`Art Unit
`AIA (FITF) Status
`2637
`Yes
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom the mailing
`date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`
`
`1) Responsive to communication(s) filed on 09/13/2021.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)() This action is FINAL. 2b)¥)This action is non-final.
`3)02 An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4)\0) Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims*
`1-19 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`Cj] Claim(s)
`is/are allowed.
`Claim(s) 1-17 and 19 is/are rejected.
`Claim(s) 18 is/are objectedto.
`C] Claim(s)
`are subjectto restriction and/or election requirement
`“If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http:/Awww.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) ) ) )
`
`Application Papers
`10)C) The specification is objected to by the Examiner.
`11)M The drawing(s) filed on 09/13/2021 is/are: a)¥) accepted or b)() objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12)[¥] Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`c)() None ofthe:
`b)( Some**
`a) All
`1.4] Certified copies of the priority documents have been received.
`2.1.) Certified copies of the priority documents have been received in Application No.
`3.2.) Copies of the certified copies of the priority documents have been receivedin this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`* See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3)
`
`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) (J Other:
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20231007
`
`

`

`Application/Control Number: 17/472,784
`Art Unit: 2637
`
`Page 2
`
`DETAILED ACTION
`
`Notice of Pre-AlA 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 § 102
`
`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-AlA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory
`
`basis (i.e., changing from AIA to pre-AlA) 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.
`
`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)(2) the claimed invention was described in a patent issued under section 151, or in an application
`for patent published or deemed published under section 122(b), in which the patent or application, as
`the case may be, names another inventor and was effectively filed before the effective filing date of
`the claimed invention.
`
`1.
`
`Claim(s) 1, 8 and 15-16 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by
`
`Watanabeetal. (US 2005/0230775Al1, cited by applicant).
`
`As to claim 1, Watanabeetal. discloses an imaging device (Fig.2) comprising:
`
`a plurality of pixels (Fig.2 showing two pixels), wherein
`
`each of the plurality of pixels includes
`
`

`

`Application/Control Number: 17/472,784
`Art Unit: 2637
`
`Page 3
`
`a first photoelectric conversion layer (Fig.2: blue (B)-detection photoelectric converting
`
`film 41) that converts light into first electric charge ([0085]: “photo-charges corresponding to the
`
`amountof the incident blue light are generated in the photoelectric converting film 41”),
`
`a first pixel electrode that collects the first electric charge (Fig.2; [0081] and [0085]: pixel
`
`electrode film 39. The pixel electrode film 39 is electrically connected by a columnar electrode 40 to the
`
`heavily-doped impurity region 6 for the pixel. When a voltage is applied between the common electrode
`
`film 42 and the pixel electrode film 39, the photo-charges of blue generated in the photoelectric
`
`converting film 41 flow into the heavily-doped impurity regions 6. Since the columnar electrode 40is
`
`electrically insulated from the other components except the pixel electrode film 39 and the heavily-
`
`doped impurity region 6, the photo chargesare collected by and transferred throughthe pixel electrode
`
`film 39),
`
`a second photoelectric conversion layer (Fig.2: photoelectric converting film 50) that is
`
`arranged below the first photoelectric conversion layer (As shownin Fig.2) and that convertslight into
`
`second electric charge ([0092]: photoelectric converting film 50 is for detecting emerald (GB) color),
`
`a second pixel electrode that collects the second electric charge (Fig.2; [0093]: pixel
`
`electrode film 49 corresponds to the claimed second pixel electrode),
`
`a third photoelectric conversion layer (Fig.2: red-detection photoelectric converting film
`
`33) that is arranged below the second photoelectric conversion layer (As shownin Fig.2) and that
`
`convertslight into third electric charge ([0087]: “photo-charges corresponding to the amountofred light
`
`of the incidentlight are generated in the photoelectric converting film 33”),
`
`a third pixel electrode that collects the third electric charge (Fig.2; [0087]: pixel
`
`electrode film 31 corresponds to the claimed third pixel electrode),
`
`a first counter electrode (Fig.2: common electrode film 42 corresponds to the claimed
`
`first counter electrode) that is arranged between the first photoelectric conversion layer and the second
`
`

`

`Application/Control Number: 17/472,784
`Art Unit: 2637
`
`Page 4
`
`photoelectric conversion layer (Fig.2: the common electrode film 42 is disposed between the blue-
`
`detection photoelectric converting film 41 and the photoelectric converting film 50), and
`
`a second counter electrode (Fig.2: common electrode film 34) that is arranged between
`
`the second photoelectric conversion layer and the third photoelectric conversion layer (Fig.2: the
`
`common electrode film 34 is disposed between the photoelectric converting film 50 and the red-
`
`detection photoelectric converting film 33), and
`
`the first pixel electrode (Fig.2: pixel electrode film 39), the first photoelectric conversion layer
`
`(blue (B)-detection photoelectric converting film 41), the first counter electrode (common electric film
`
`42), the second photoelectric conversion layer (photoelectric converting film 50), the second pixel
`
`electrode (pixel electrode film 49), the second counter electrode (common electrode film 34), the third
`
`photoelectric conversion layer (red-detection photoelectric converting film 33), and the third pixel
`
`electrode (pixel electrode film 31) are arrangedin this order (Fig.2: elements 39, 41, 42, 50, 49, 34, 33
`
`and 31 are arranged in this order from top to bottom).
`
`As to claim 8, Watanabeetal. an imaging device (Fig.2) comprising:
`
`a plurality of pixels (Fig.2 showing two pixels), wherein
`
`each of the plurality of pixels includes
`
`a first photoelectric conversion layer (Fig.2: blue (B)-detection photoelectric converting
`
`film 41) that converts light into first electric charge ([0085]: “photo-charges corresponding to the
`
`amountof the incident blue light are generated in the photoelectric converting film 41”),
`
`a first pixel electrode that collects the first electric charge (Fig.2; [0081] and [0085]: pixel
`
`electrode film 39. The pixel electrode film 39 is electrically connected by a columnar electrode 40 to the
`
`heavily-doped impurity region 6 for the pixel. When a voltage is applied between the common electrode
`
`film 42 and the pixel electrode film 39, the photo-charges of blue generated in the photoelectric
`
`

`

`Application/Control Number: 17/472,784
`Art Unit: 2637
`
`Page 5
`
`convertingfilm 41 flow into the heavily-doped impurity regions 6. Since the columnar electrode 40is
`
`electrically insulated from the other components except the pixel electrode film 39 and the heavily-
`
`doped impurity region 6, the photo chargesare collected by and transferred through the pixel electrode
`
`film 39),
`
`a second photoelectric conversion layer (Fig.2: green-detection photoelectric converting
`
`film 35) that is arranged belowthe first photoelectric conversion layer (See Fig.2: green-detection
`
`photoelectric converting film 35 is arranged below the blue (B)-detection photoelectric converting film
`
`41) and that converts light into second electric charge ([O086]: “photo-charges corresponding to the
`
`amountof green light of the incident light are generated in the photoelectric converting film 35”),
`
`a second pixel electrode that collects the second electric charge (Fig.2; [0080] and
`
`[0086]: transparent pixel electrode film 36),
`
`a third photoelectric conversion layer (Fig.2: red-detection photoelectric converting
`
`film 33) that is arranged below the second photoelectric conversion layer (See Fig.2) and that converts
`
`light into third electric charge ([0087]: “photo-charges corresponding to the amountofred light of the
`
`incident light are generated in the photoelectric converting film 33”),
`
`a third pixel electrode that collects the third electric charge (Fig.2; [0078] and [0087]:
`
`pixel electrode film 31),
`
`a first counter electrode (Fig.2: common electrode film 42 corresponds to the claimed
`
`first counter electrode) that is arranged between the first photoelectric conversion layer and the second
`
`photoelectric conversion layer (Fig.2: the common electrode film 42 is disposed between the blue-
`
`detection photoelectric converting film 41 and the photoelectric converting film 50), and
`
`a second counter electrode (Fig.2: common electrode film 34) that is arranged between
`
`the second photoelectric conversion layer and the third photoelectric conversion layer (Fig.2: the
`
`

`

`Application/Control Number: 17/472,784
`Art Unit: 2637
`
`Page 6
`
`common electrode film 34 is disposed between the photoelectric converting film 50 and the red-
`
`detection photoelectric converting film 33), and
`
`the first pixel electrode (Fig.2: pixel electrode film 39), the first photoelectric conversion layer
`
`(blue (B)-detection photoelectric converting film 41), the first counter electrode (common electric film
`
`42), the second pixel electrode (transparent pixel electrode film 36), the second photoelectric
`
`conversion layer (green-detection photoelectric converting film 35), the second counter electrode
`
`(common electrodefilm 34), the third photoelectric conversion layer (red-detection photoelectric
`
`convertingfilm 33), and the third pixel electrode (pixel electrode film 31) are arrangedin this order
`
`(Fig.2: elements 39, 41, 42, 36, 35, 34, 33 and 31 are arrangedin this order from top to bottom).
`
`As to claim 15, Watanabeetal. discloses the imaging device according to claim 1, wherein the
`
`plurality of pixels include a first pixel and a second pixel adjacent to the first pixel (Fig.2 shows two
`
`pixels, which correspond to the claimedfirst pixel and second pixel), and the second photoelectric
`
`conversion layerof the first pixel is electrically connected to the second photoelectric conversion layer
`
`of the second pixel ([0080]: the green-detection photoelectric converting film 35, which corresponds to
`
`the claimed second photoelectric conversion layer, is not divided for each pixel).
`
`Claim 16 recites substantially similar subject matter as disclosed in claim 15; therefore,it is
`
`rejected for the same reasons.
`
`Claim Rejections - 35 USC § 103
`
`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-AlA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory
`
`basis (i.e., changing from AIA to pre-AlA) for the rejection will not be considered a new ground of
`
`

`

`Application/Control Number: 17/472,784
`Art Unit: 2637
`
`Page 7
`
`rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same
`
`under either status.
`
`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.
`
`2.
`
`Claim(s) 2-6 and 9-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Watanabe
`
`et al. (US 2005/0230775 A1) in view of Tanno (US 2007/0268443 A1).
`
`As to claims 2-6 and 12, Watanabeet al. discloses the imaging device according to claim 1, but
`
`fails to disclose any of the following:
`
`wherein the first counter electrode is thicker than the second counter electrode,
`
`wherein the second counter electrode is thicker than the first counter electrode,
`
`wherein thefirst counter electrode is thicker than the first pixel electrode,
`
`wherein thefirst counter electrode is thicker than the second pixel electrode,
`
`wherein the second counterelectrode is thicker than the third pixel electrode, or
`
`wherein the second counterelectrode is thicker than the second pixel electrode.
`
`However, Tanno teaches the counter electrode and the pixel electrode can have different
`
`thickness ([0024]: “a thickness of the electrode having a larger thickness out of the pixel electrode or the
`
`counter electrode...”, which implies the counter electrode and the pixel electrode can have different
`
`thickness).
`
`

`

`Application/Control Number: 17/472,784
`Art Unit: 2637
`
`Page 8
`
`Therefore, it would have been obvious to a person ofordinaryskill in the art before the effective
`
`filing date of the claimed invention to modify Watanabeet al. with the teaching of Tanno such that the
`
`first counter electrode is thicker than the second counter electrode,
`
`wherein the second counter electrode is thicker than the first counter electrode,
`
`wherein thefirst counter electrode is thicker than the first pixel electrode,
`
`wherein thefirst counter electrode is thicker than the second pixel electrode,
`
`wherein the second counterelectrode is thicker than the third pixel electrode, or
`
`wherein the second counterelectrode is thicker than the second pixel electrode, so as to
`
`optimize the different performance and achievedifferent results as desired by the manufacturer.
`
`Claims 9-11 and 13 recite substantially similar subject matter as disclosed in claims 1-4 and 6,
`
`respectively; therefore, they are rejected for the same reasons.
`
`3.
`
`Claim(s) 7 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Watanabeet
`
`al. (US 2005/0230775 A1) in view of Kawai et al. (US 2021/0104564 A1).
`
`As to claim 7, Watanabeetal. discloses the imaging device according to claim 1, further
`
`comprising:
`
`a semiconductor substrate ([0093]: semiconductor substrate), but fails to disclose wherein
`
`the first pixel electrode includesa first storage electrode that stores the first electric charge in
`
`the first photoelectric conversion layer and a first readout electrode thatis electrically connected to the
`
`semiconductor substrate,
`
`

`

`Application/Control Number: 17/472,784
`Art Unit: 2637
`
`Page 9
`
`the second pixel electrode includes a second storage electrode that stores the second electric
`
`charge in the second photoelectric conversion layer and a second readout electrode thatis electrically
`
`connected to the semiconductor substrate, and
`
`the third pixel electrode includes a third storage electrode that stores the third electric charge in
`
`the third photoelectric conversion layer and a third readout electrode thatis electrically connected to
`
`the semiconductor substrate.
`
`However, Kawai et al. teaches the pixel electrode includes a storage electrode that stores the
`
`electric charge in the photoelectric conversion layer and a readout electrode thatis electrically
`
`connected to the semiconductor substrate (Figs. 1 and 2; [0084]: lower electrode 21 includes readout
`
`electrode 21A and accumulation electrode 21B).
`
`Therefore, it would have been obvious to a person ofordinaryskill in the art before the effective
`
`filing date of the claimed invention to modify Watanabeetal. with the teaching of Kawai et al. such that
`
`the first pixel electrode includesa first storage electrode that stores the first electric charge in the first
`
`photoelectric conversion layer and a first readout electrode thatis electrically connected to the
`
`semiconductor substrate, the second pixel electrode includes a second storage electrode that stores the
`
`second electric charge in the second photoelectric conversion layer and a second readout electrode that
`
`is electrically connected to the semiconductor substrate, and the third pixel electrode includesa third
`
`storage electrode that stores the third electric charge in the third photoelectric conversion layer and a
`
`third readoutelectrode thatis electrically connected to the semiconductor substrate, so as to
`
`appropriately perform the designed function of the imaging device.
`
`Claim 14 recites substantially similar subject matter as disclosed in claim 7; therefore,it is
`
`rejected for the same reasons.
`
`

`

`Application/Control Number: 17/472,784
`Art Unit: 2637
`
`Page 10
`
`4.
`
`Claim(s) 17 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Watanabe et
`
`al. (US 2005/0230775 A1) in view of Hioki et al. (US 2006/0278869 A1).
`
`As to claims 17 and 19, Watanabeetal. discloses the imaging device according to claim 1,
`
`wherein eachof the plurality of pixels includes no photoelectric conversion layer between the second
`
`pixel electrode and the second counter electrode, or wherein each of the plurality of pixels includes no
`
`photoelectric conversion layer between the first counter electrode and the second pixel electrode.
`
`However, Hioki et al. teaches that the pixel includes no photoelectric conversion layer between
`
`the pixel electrode and the adjacent counter electrode (Fig.1: for example, there is no photoelectric
`
`conversion layer between transparentelectrode layer 121 (pixel electrode) and the transparent
`
`electrode layer 119 (counter electrode)).
`
`Therefore, it would have been obvious to a person of ordinaryskill in the art before the effective
`
`filing date of the claimed invention to modify Watanabeet al. with the teaching of Hioki et al. such that
`
`each of the plurality of pixels includes no photoelectric conversion layer between the second pixel
`
`electrode and the second counter electrode, or no photoelectric conversion layer between the first
`
`counter electrode and the second pixel electrode, so as to suppress color mixture, thereby improving
`
`image quality.
`
`Allowable Subject Matter
`
`5.
`
`Claim 18 is objected to as being dependent upon a rejected base claim, but would be allowable
`
`if rewritten in independent form includingall of the limitations of the base claim and anyintervening
`
`claims.
`
`

`

`Application/Control Number: 17/472,784
`Art Unit: 2637
`
`Page 11
`
`Conclusion
`
`Any inquiry concerning this communication or earlier communications from the examiner
`
`should be directed to ZHENZHEN WU whose telephone number is (571)272-2519. The examiner can
`
`normally be reached 8:30 am - 5:30 pm.
`
`Examiner interviewsare 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,
`
`SINH TRANcan bereached on (571)272-7564. The fax phone numberfor the organization wherethis
`
`application or proceedingis 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 aboutfiling 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.
`
`/ZHENZHEN WU/
`Examiner, Art Unit 2637
`
`/SINH TRAN/
`Supervisory Patent Examiner, Art Unit 2637
`
`