UNITED STA IBS p A IBNT AND TRADEMARK OFFICE
`
`UNITED STA TES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria., Virginia 22313-1450
`www.uspto.gov
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`11/212,803
`
`08/25/2005
`
`Richard Ian Olsen
`
`NICO.P0Ol
`
`7919
`
`53186
`7590
`04/16/2008
`COURTNEY STANIFORD & GREGORY LLP
`P.O. BOX 9686
`SAN JOSE, CA 95157
`
`EXAMINER
`
`SOHN, SEUNG C
`
`ART UNIT
`
`PAPER NUMBER
`
`2878
`
`MAIL DATE
`
`DELIVERY MODE
`
`04/16/2008
`
`PAPER
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`PTOL-90A (Rev. 04/07)
`
`Ex.1030 / Page 1 of 1435
`TESLA, INC.
`
`

`

`Application No.
`
`Applicant(s)
`
`Notice of Abandonment
`
`11/212,803
`Examiner
`
`OLSEN ET AL.
`Art Unit
`
`SEUNG C. SOHN
`2878
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address-­
`
`This application is abandoned in view of:
`
`1. � Applicant's failure to timely file a proper reply to the Office letter mailed on 20 September 2007.
`(a) DA reply was received on __ (with a Certificate of Mailing or Transmission dated __ ), which is after the expiration of the
`period for reply (including a total extension of time of __ month(s)) which expired on __ .
`(b) DA proposed reply was received on __ , but it does not constitute a proper reply under 37 CFR 1.113 (a) to the final rejection.
`
`(A proper reply under 37 CFR 1.113 to a final rejection consists only of: (1) a timely filed amendment which places the
`application in condition for allowance; (2) a timely filed Notice of Appeal (with appeal fee); or (3) a timely filed Request for
`Continued Examination (RCE) in compliance with 37 CFR 1.114).
`
`(c) DA reply was received on __ but it does not constitute a proper reply, or a bona fide attempt at a proper reply, to the non­
`final rejection. See 37 CFR 1.85(a) and 1.111. (See explanation in box 7 below).
`
`(d) � No reply has been received.
`
`2. D Applicant's failure to timely pay the required issue fee and publication fee, if applicable, within the statutory period of three months
`from the mailing date of the Notice of Allowance (PTOL-85).
`(a) D The issue fee and publication fee, if applicable, was received on __ (with a Certificate of Mailing or Transmission dated
`__ ), which is after the expiration of the statutory period for payment of the issue fee (and publication fee) set in the Notice of
`Allowance (PTOL-85).
`
`(b) D The submitted fee of$ __ is insufficient. A balance of$ __ is due.
`
`The issue fee required by 37 CFR 1.18 is$ __ . The publication fee, if required by 37 CFR 1.18(d), is$ __ .
`
`(c) D The issue fee and publication fee, if applicable, has not been received.
`
`3.0 Applicant's failure to timely file corrected drawings as required by, and within the three-month period set in, the Notice of
`Allowability (PTO-37).
`(a) D Proposed corrected drawings were received on __ (with a Certificate of Mailing or Transmission dated __ ), which is
`after the expiration of the period for reply.
`
`(b) D No corrected drawings have been received.
`
`4. D The letter of express abandonment which is signed by the attorney or agent of record, the assignee of the entire interest, or all of
`the applicants.
`
`5. D The letter of express abandonment which is signed by an attorney or agent (acting in a representative capacity under 37 CFR
`1.34(a)) upon the filing of a continuing application.
`
`6. D The decision by the Board of Patent Appeals and Interference rendered on __ and because the period for seeking court review
`of the decision has expired and there are no allowed claims.
`
`7. D The reason(s) below:
`
`/SEUNG C SOHN/
`Examiner, Art Unit 2878
`
`Petitions to revive under 37 CFR 1.137(a) or (b ), or requests to withdraw the holding of abandonment under 37 CFR 1.181, should be promptly filed to
`minimize any ne!=)ative effects on patent term.
`
`U.S. Patent and Trademark Office
`
`PT0L-1432 (Rev. 04-01)
`
`Notice of Abandonment
`
`Part of Paper No. 20080413
`
`Ex.1030 / Page 2 of 1435
`TESLA, INC.
`
`

`

`UNITED ST ATES p A TENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria. Virginia 22313-1450
`www.uspto.gov
`
`APPLICATION NO.
`
`11/212,803
`
`FILING DATE
`
`08/25/2005
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`Richard Ian Olsen
`
`NICO.POOi
`
`7919
`
`53186
`
`7590
`
`COURTNEY STANIFORD & GREGORY LLP
`P.O. BOX 9686
`SAN JOSE, CA 95157
`
`09/20/2007
`
`EXAMINER
`
`YEAL Y. CHRISTOPHER M
`
`ART UNIT
`
`PAPER NUMBER
`
`2878
`
`MAIL DATE
`
`09/20/2007
`
`DELIVERY MODE
`
`PAPER
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached comn:mnication.
`
`PTOL-90A (Rev. 04/07)
`
`Ex.1030 / Page 3 of 1435
`TESLA, INC.
`
`

`

`Office Action Summary
`
`Ap�lication No.
`11/212,803
`
`Applicant(s)
`
`OLSEN ET AL.
`
`Examiner
`Art Unit
`2878
`Christopher M. Yealy
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE J MONTH(S) OR THIRTY (30) DAYS,
`WHICHEVER IS LONGER, FROM THE MAILING DATE OF THIS COMMUNICATION.
`- Extensions of time may be available under the provisions of 37 CFR 1.136(a). In no event, however, may a reply be timely filed
`after SIX (6) MONTI-ts from 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) MONTI-tS from the mailing dale of this communication.
`-
`- Failure to reply w�hin 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 com munication, even if timely filed, may re duce any
`earned patent term adjustment. See 37 CFR 1. 704(b).
`
`Status
`
`1)1Zl Responsive to communication(s) filed on 28 June 2007.
`2b)O This action is non-final.
`2a)!Zl This action is FINAL.
`3)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 Ex parte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims
`
`4)1Zl Claim(s) 1-25,27-62 and 64-68 is/are pending in the application.
`4a) Of the above claim(s) __ is/are withdrawn from consideration.
`5)0 Claim(s) __ is/are allowed.
`6)1Z] Claim(s) 1-25,27-62 and 64-68 is/are rejected.
`7)0 Claim(s) __ is/are objected to.
`8)0 Claim(s) __ are subject to restriction and/or election requirement.
`
`Application Papers
`
`9)0 The specification is objected to by the Examiner.
`1 0)!Zl The drawing(s) filed on 28 June 2007 is/are: a)!Zl accepted or b)O 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).
`11)0 The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO-152.
`
`Priority under 35 U.S.C. § 119
`
`12)0 Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`a)O All b)O Some * c}O None of:
`1.0 Certified copies of the priority documents have been received.
`2.0 Certified copies of the priority documents have been received in Application No. __ .
`3.0 Copies of the certified copies of the priority documents have been received in 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) IZJ Notice of References Cited (PTO-892)
`2) D Notice of Draftsperson's Patent Drawing Review (PTO-948)
`3) IZ] lnfonnation Disclosure Statement(s) (PTO/SB/08)
`Paper No(s)/Mail Date 6/28/2007.
`
`4) 0 Interview Summary (PT0-413)
`Paper No(s)/Mail Date. __ .
`5) 0 Notice of lnfonnal Patent Application
`6) 0 Other: __ .
`
`U.S. Patent and Trademark Offce
`
`PTOL-326 (Rev. 08-06)
`
`Office Action Swnmary
`
`Part of Paper NoJMail Date 20070912
`
`Ex.1030 / Page 4 of 1435
`TESLA, INC.
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`

`

`Application/Control Number: 11/212,803
`
`Page 2
`
`Art Unit: 2878
`
`DETAILED ACTION
`
`Claim Rejections - 35 USC§ 103
`
`1.
`
`The following is a quotation of 35 U.S.C .. 103(a) which forms the basis for all
`
`obviousness rejections set forth in this Office action:
`
`(a) A patent may not be obtained though the invention is not identically disclosed or described as set
`forth in section 102 of this title, if the differences between the subject matter sought to be patented and
`the prior art are such that the subject matter as a whole would have been obvious at the time the
`invention was made to a person having ordinary skill in the art to which said subject matter pertains.
`Patentability shall not be negatived by the manner in which the invention _was made.
`
`2.
`
`Claims 1-10, 13, 14, 16, 17, 19-23, 30-44, 46, 48-52, 61, 62, and 64-67 are
`
`rejected under 35 U.S.C. 103(a) as being unpatentable over Tokkonen et al. (Pub#
`
`US 2005/0128509 A1) in view of Schroeder et al. (U.S. Patent# 7,123,298 B2).
`
`Regarding claim 1, Tokkonen et al. discloses (see Figure 2B) a digital camera
`
`comprising:
`
`a plurality of arrays of photo detectors, including:
`
`a first array of photo detectors (234) to sample an intensity of light; and
`
`a second array-of photo detectors (236) to sample an intensity of light;
`
`signal processing circuitry, coupled to the first and second arrays of photo
`
`detectors, to generate a composite image using first array data which is
`
`representative of the intensity of light sampled by the first array of photo
`
`detectors, and second array data which is representative of the intensity of light
`
`sampled by the second array of photo detectors (paragraphs 19-20, 28).
`
`However, Tokkonen et al. does not disclose timing and control logic and that the arrays
`
`and signal processing circuitry are integrated in the same semiconductor substrate.
`
`Ex.1030 / Page 5 of 1435
`TESLA, INC.
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`

`

`Page3
`
`Application/Control Number: 11/212,803
`Art Unit: 2878
`Schroeder et al. teaches (see Figure 2) a digital camera comprising:
`timing and control logic to provide timing and control information to signal
`processing circuitry ( 128), a first array of photo detectors ( 131) and/or a second
`array of photo detectors (132),
`wherein the first array of photo detectors, the second array of photo
`detectors, and the signal processing circuitry are integrated on or in the same
`semiconductor substrate (column 8, lines 15-21; column 10, lines 39-41; column
`29, lines 16-23).
`It would have been obvious to a person of ordinary skill in the art at the time the
`invention was made to modify the invention of Tokkonen et al. with timing and control
`logic and by integrating the components into a single substrate, as taught by Schroeder
`et al., in order to maximize the dynamic range of the photo detectors, and to reduce the
`size of the camera, respectively.
`Regarding claim 2, Tokkonen et al. discloses (see Figure 2B) that the first array
`of photo detectors (234) sample an intensity of light of a first wavelength (R) and the
`second array of photo detectors (236) sample an intensity of light of a second
`wavelength (G) (paragraph 19).
`Regarding claim 34, Tokkonen et al. discloses (see Figure 2B) a digital camera
`comprising:
`
`a plurality of arrays of photo detectors, including:
`a first array of photo detectors (234) to sample an intensity of light
`of a first wavelength; and
`
`Ex.1030 / Page 6 of 1435
`TESLA, INC.
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`

`

`Application/Control Number: 11 /212,803
`Art Unit: 2878
`
`Page4
`
`a second array of photo detectors (236) to sample an intensity of
`light of a second wavelength;
`a first lens (210) disposed in an optical path of the first array of photo
`detectors;
`a second lens (212) disposed in with an optical path of the second array of
`photo detectors; and
`signal processing circuitry, coupled to the first and second arrays of photo
`detectors, to generate a composite image using first array data which is
`representative of the intensity of light sampled by the first array of photo
`detectors, and second array data which is representative of the intensity of light
`sampled by the second array of photo detectors (paragraphs 19-20, 28).
`However, Tokkonen et al. does not disclose that the lenses have a predetermined
`optical response to first and second wavelengths of light, timing and control logic, and
`that the arrays and signal processing circuitry are integrated in the same semiconductor
`substrate.
`Schroeder et al. teaches (see Figure 2) a digital camera comprising:
`a first lens ( 101 ) disposed in an optical path of the first array of photo
`detectors ( 131) wherein the first lens includes a predetermined optical response
`to the light of the first wavelength;
`a second lens (102) disposed in with an optical path of the second array of
`photo detectors (132) wherein the second lens includes a predetermined optical
`response to the light of the second wavelength; and
`
`Ex.1030 / Page 7 of 1435
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`Page 5
`
`Application/Control Number: 11/212,803
`Art Unit: 2878
`timing and control logic to provide timing and control information to the
`signal processing circuitry (128), the first array of photo detectors (131) and/or
`the second array of photo detectors (132);
`wherein the first array of photo detectors, the second array of photo
`detectors, and the signal processing circuitry are integrated on or in the same
`semiconductor substrate {column 5, lines 42-66; column 8, lines 15-21; column
`10, lines 39-41; column 29, lines 16-23).
`It would have been obvious to a person of ordinary skill in the art at the time the
`invention was made to modify the invention of Tokkonen et al. with providing lenses with
`optical response to first and second wavelengths, timing and control logic, and by
`integrating the components into a single substrate, as taught by Schroeder et al., in
`order to reduce the number of components, to maximize the dynamic range of the photo
`detectors, and to reduce the size of the camera, respectively.
`Regarding claims 3 and 37, Tokkonen et al. discloses (see Figure 4) further
`including:
`
`a third array of photo detectors (238) to sample an intensity of light of a
`third wavelength;
`a third lens (214) disposed in the optical path of the third array of photo
`detectors; and
`wherein the signal processing circuitry is coupled to the third array of
`photo detectors and generates a composite image using the first array data
`which is representative of the intensity of light sampled by the first array of photo
`
`Ex.1030 / Page 8 of 1435
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`Application/Control Number: 11/212,803
`Art Unit: 2878
`
`Page 6
`
`detectors, the second array data which is representative of the intensity of light
`
`sampled by the second array of photo detectors, and third array data which is
`
`.representative of the intensity of light sampled by the third array of photo
`
`detectors (paragraphs 34-37).
`
`However, Tokkonen et al. does not disclose that the third lens includes an optical
`
`response to the third wavelength.
`
`Schroeder et al. teaches (see Figure 2) a digital camera including:
`
`a third lens (103) disposed in with an optical path of the third array of
`
`photo detectors wherein the third lens includes a predetermined optical response
`
`to the light of the third wavelength (column 5, lines 42-66).
`
`It would have been obvious to a person of ordinary skill in the art at the time the
`
`invention was made to modify the invention of Tokkonen et al. with providing the third
`
`lens with optical response to a third wavelength, as taught by Schroeder et al., in order
`
`to reduce the number of components.
`
`Regarding claims 4, 8, and 39, Tokkonen et al. discloses (see Figure 4) that the
`
`first, second, and third arrays (234, 236, 238) of photo detectors are relatively arranged
`
`in a right triangutar configuration.
`
`Regarding claims 5 and 40, Tokkonen et al., as modified by Schroeder et al.,
`
`teaches the devices of claims 4 and 39, but Tokkonen et al. does not teach that the first,
`
`second, and third arrays and the signal processing circuitry are integrated on the same
`
`substrate.
`
`Ex.1030 / Page 9 of 1435
`TESLA, INC.
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`

`

`Application/Control Number: 11/212,803
`Art Unit: 2878
`
`Page7
`
`Schroeder et al. teaches (see Figure 2) a digital camera wherein the first array of
`
`photo detectors (131), the second array of photo detectors (132), the third array of
`
`photo detectors (133), and the signal processing circuitry (128) are integrated on the
`
`same semiconductor substrate (column 8, lines 15-21; column 10, lines 39-41).
`
`It would have been obvious to a person of ordinary skill in the art at the time the
`
`invention was made to modify the invention of Tokkonen et al. by integrating the
`
`components into a single substrate, as taught by Schroeder et al., in order to reduce the
`
`size of the camera.
`Regarding claims 6, 9, 41, and 43, Tokkonen et al. discloses (see Figure 5A)
`that the first wavelength is associated with a first color (R), the second wavelength is
`
`associated with a second color (B), and the third wavelength is associated with a third
`
`color (G) (paragraphs 34, 37).
`Regarding claims 7, 10, 42, 44, and 61, Tokkonen et al., as modified by
`Schroeder et al., teaches the devices of claims 3, 1, 37, 43, and 61, but Tokkonen et al.
`
`does not disclose that the first, second, and third arrays of photo detectors sample light
`
`for first, second, and third integration times, and first and second exposure control
`
`. circuitry.
`Schroeder et al. teaches (see Figure 2) a digital camera wherein the signal
`
`processing circuitry (128) includes first exposure control circuitry and second exposure
`
`control circuitry wherein the first exposure control circuitry is coupled to and associated
`
`with the first array of photo detectors ( 131) and se·cond exposure control circuitry is
`
`coupled to and associated with the second array of photo detectors ( 132), and wherein:
`
`Ex.1030 / Page 10 of 1435
`TESLA, INC.
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`Application/Control Number: 11/212,803
`Page8
`Art Unit: 2878
`the first array of photo detectors (131) sample the intensity of light of the
`first wavelength for a first integration time;
`the second array of photo detectors (132) sample the intensity of light of
`the second wavelength for a second integration time; and
`the third array of photo detectors (133) sample the intensity of light of the
`third wavelength for a third integration time (column 7, lines 17-45; column 8,
`lines 15-21).
`It would have been obvious to a person of ordinary skill in the art at the time the
`invention was made to modify the invention of Tokkonen et al. with independent
`integration times and exposure circuitry, as taught by Schroeder et al., in order to
`optimize the dynamic range of the digital camera.
`Regarding claims 13 and 14, Tokkonen et al. discloses (see Figure 28) a first
`lens (210) disposed in and associated with an optical path of the first array of photo
`detectors (234) and a second lens (212) disposed in and associated with an optical path
`of the second array of photo detectors (236), and a substantially uniform color filter
`sheet (226) disposed in the optical path of the first array of photo detectors (234)
`(paragraph 19).
`Regarding claim 16, Tokkonen et al., as modified by Schroeder et al., teaches
`the device of claim 1, but Tokkonen et al. does not disclose that the first lens passes
`light of a first wavelength and filters light of a second wavelength.
`Schroeder et al. teaches (see Figure 2) a digital camera comprising:
`
`Ex.1030 / Page 11 of 1435
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`

`Application/Control Number: 11/212,803.
`Art Unit: 2878
`
`Page 9
`
`a first lens ( 101) disposed in and associated with an optical path of the
`
`first array of photo detectors (131 }, wherein:
`
`the first lens ( 101) passes light of a first wavelength and filters light of a
`
`second wavelength;
`
`the first array of photo detectors (131) sample an intensity of light of a first
`
`wavelength; and
`
`the second array of photo detectors (132) sample an intensity of light of a
`
`second wavelength (column 5, lines 38-66).
`
`It would have been obvious to a person of ordinary skill in the art at the time the
`
`invention was made to modify the invention of Tokkonen et al. with providing a first lens
`
`with a filter, and sampling a first and second wavelength, as taught by Schroeder et al.,
`
`in order to reduce the number of components, and to form a color image, respectively.
`Regarding claims 17 and 46, Tokkonen et al. discloses (see Figures 2B, 3) that:
`the first array of photo detectors (234) sample an intensity of light of a first
`
`wavelength and an intensity of light of a second wavelength;
`
`the second array of photo detectors (236) sample an intensity of light of a
`
`third wavelength; and
`
`the first wavelength is associated with a first color (R), the second
`wavelength is associated with a second color (8) and the third wavelength is
`
`associated with a third color (G) (paragraphs 19, 24).
`Regarding claims 19, 20, 48, and 49, Tokkonen et al. discloses (see Figures 28,
`3) an optical filter (226) disposed in and associated with an optical path of the first array
`
`Ex.1030 / Page 12 of 1435
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`Application/Control Number: 11/212,803
`Page 10
`Art Unit: 2878
`of photo detectors (234) wherein the optical filter passes light of the first and second
`wavelengths (R, 8) and filters light of the third wavelength (G), but does not disclose
`that the lens filters light of the third wavelength (paragraph 19).
`Schroeder et al. teaches (see Figure 2) a digital camera comprising a first lens
`( 101 ) disposed in and associated with an optical path of the first array of photo
`9etectors ( 131} and a second lens ( 102) disposed in and associated with an optical path
`of the second array of photo detectors (132) wherein the first lens passes light of the
`first wavelength and filters light of the third wavelength ( column 5, lines 38-66).
`It would have been obvious to a person of ordinary skill in the art at the time the
`invention was made to modify the invention of Tokkonen et al. by providing a first lens
`with a filter that passes first and second wavelengths, as taught by Schroeder et al., in
`order to reduce the number of components and to form a color image.
`Regarding claims 21 and 50, Tokkonen et al., as modified by Schroeder et al.,
`teaches the devices of claims 17 and 46, but Tokkonen et al. does not disclose that the
`first array of photo detectors has first and second integration times for the first and
`second wavelengths and the second array of photo detectors has a third integration
`time for the third wavelength.
`Schroeder et al. teaches (see Figure 2) a digital camera wherein:
`the first array of photo detectors sample the intensity of light of the first
`wavelength for a first integration time;
`the first array of photo detectors sample the intensity of light of the second
`wavelength for a second integration time; and
`
`Ex.1030 / Page 13 of 1435
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`Application/Control Number: 11/212,803
`Page 11
`Art Unit: 2878
`the second array of photo detectors sample the intensity of light of the
`third wavelength for a third integration time (column 7, lines 17-45; column 8,
`lines 15-21 ).
`It would have been obvious to a person of ordinary skill in the art at the time the
`invention was made to modify the invention of Tokkonen et al. with independent
`integration times for each wavelength, as taught by Schroeder et al., in order to optimize
`the dynamic range of the digital camera.
`Regarding claims 22, 23, 51 , and 52, Tokkonen et al. discloses that the signal
`processing circuitry generates:
`a first image using the first array data which is representative of the
`intensity of light sampled by the first array of photo detectors, and
`a second image using the second array data which is representative of the
`intensity of light sampled by the second array of photo detectors;
`wherein the signal processing circuitry generates the composite image
`using the first image and the second image (paragraph 28).
`Regarding claims 30, 31, 64, and 65, Tokkonen et al. discloses (see Figure 58)
`that the first array of photo detectors (234) includes a first surface area and the second
`array of photo detectors (238) includes a second surface area wherein the first surface
`area is different from the second surface area, and the photo detectors of the first array
`(234) include a first active surface area and the photo detectors of the second array
`(238) include a second active surface area wherein the first active surface area is
`different from the second active surface area (paragraphs 40-41 ).
`
`Ex.1030 / Page 14 of 1435
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`

`Application/Control Number: 1 1 /21 2,803
`Art Unit: 2878
`
`Page 1 2
`
`Regarding claims 32, 33, 66, and 67, Tokkonen et al. discloses (see Figure SA)
`
`that the first array of photo detectors (234) includes a first surface area and the second
`
`array of photo detectors (236) includes a second surface area wherein the first surface
`area is substantially the same as the second surface area, and the photo detectors of
`
`the first array (234} include a first active surface area and the photo detectors of the
`
`second array (236) include a second active surface area wherein the first active surface
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`area is different from the s�cond active surface area (paragraphs 34-35).
`
`Regarding claims 35, 36, and 38, Tokkonen discloses the device of claims 34
`
`and 37, but does not disclose that the lenses filter light of wavelengths that the
`
`respective· photo detectors do not sample.
`
`Schroeder et al. teaches (see Figure 2) a digital camera wherein:
`
`the first lens ( 1 01 ) passes light of the first wavelength (red) onto an image
`
`plane of the photo detectors of the first array (1 31 ); and
`
`the second lens (1 02) passes light of the second wavelength (green) onto
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`an image plane of the photo detectors of the second array (1 32); and
`
`the first lens ( 1 01 ) filters light of the second and third wavelengths (green,
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`blue);
`
`the second lens (1 02) filters light of the first and third wavelengths (red,
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`blue}; and
`
`the third lens (1 03} filters light of the first and second wavelengths (red,
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`green) (column 5, lines 42-66).
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`Ex.1030 / Page 15 of 1435
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`

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`Application/Control Number: 1 1 /21 2,803
`Art Unit: 2878
`
`Page 1 3
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`It would have been obvious to a person of ordinary skill in the art at the time the
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`invention was made to modify the invention of Tokkonen et al. by providing lenses with
`
`filters that pass a single wavelength, as taught by Schroeder et al., in order to reduce
`
`the number of components and to form a color image.
`
`Regarding claim 62, Tokkonen et al. , as modified by Schroeder et al. , teaches
`
`the device of claim 34, but Tokkonen et al. does not teach arrays of photo detectors,
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`signal processing circuitry, and lenses fixed to a frame.
`
`Schroeder et al. teaches (see Figure 1 1 B) a digital camera including a frame
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`· (650), wherein the first and second arrays of photo detectors ( 1 41 , 1 42), the signal
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`processing circuitry, and the first and second lenses (666) are fixed to the frame
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`(column 8, lines 1 5-21 ; column 20, lines 33-35, 58-64).
`
`It would have been obvious to a person of ordinary skill in the art at the time the
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`invention was made to modify the invention of T okkonen et al. with lenses and arrays
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`fixed to a frame, as taught by Schroeder et al. , in order to mainta in a spatial relationship
`
`between the lenses and the photo detector arrays.
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`3.
`
`Claims 11, 18, and 47 are rejected under 35 U . S . C . 1 03(a) as being
`unpatentable over Tokkonen et al. (Pub # US 2005/0128509 A 1) in view of Schroeder
`et al. (U.S. Patent# 7,123,298 B2), and further in view of Merrill et al. (U.S. Patent#
`6,841,816 B2) .
`.
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`Ex.1030 / Page 16 of 1435
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`Application/Control Number: 11/212,803
`Page 14
`Art Unit: 2878
`Regarding claims 11, 18, and 47, Tokkonen et al., as modified by Schroeder et
`al., teaches the device of claims 1, 17, and 46, but they do not teach that the
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`semiconductor portions that detect different wavelengths are located at different depths.
`
`Merrill et al. teaches (see Figure 8) a digital camera wherein:
`each photo detector of a first array includes a first semiconductor portion
`
`( 50, 51} at which the intensity of light of the first wavelength (blue) is sampled
`
`and a second semiconductor portion (40, 41) at which the intensity of light of the
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`second wavelength (red) is sampled;
`
`each photo detector of the second array includes a semiconductor portion
`
`(45, 46) at which the intensity of light of the third wavelength (green) is sampled;
`and
`
`the first and second semiconductor portions of each photo detector of the
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`first array are located at a different depth, relative to each other and to a surface
`
`of each of the photo detectors from the semiconductor portion of each photo
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`detector of the second array (column 15, line 49 - column 16, line 18).
`
`It would have been obvious to a person of ordinary skill in the art at the time the
`
`invention was made to further modify the invention of T okkonen et al., in view of
`
`Schroeder et al. , with filtered incident light to photodiodes at different depths, as taught
`by Merrill et al., in order to detect multiple wavelengths of light in a small area of the
`
`array.
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`Ex.1030 / Page 17 of 1435
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`Application/Control Number: 11/212,803
`Page 15
`Art Unit: 2878
`4.
`Claim 12, 15, 24, 25, 53, 54 and 68 are rejected under 35 U.S.C. 103(a) as
`being unpatentable over Tokkonen et al. (Pub # US 2005/0128509 A1) in view of
`Schroeder et al. {U.S. Patent# 7,123,298 82), and further in view of Yu et al. (U.S.
`Patent# 6,611,289 81).
`Regarding claims 12 and 15, Tokkonen et al., as modified by Schroeder et al.,
`teaches the device of claim 1, but they do not teach that the first and second arrays are
`on the same image plane and a colored lens is used.
`Yu et al. teaches (see Figure 3) a digital camera wherein the first array of photo
`detectors (302) and the second array of photo detectors (304) are disposed in the same
`image plane, and including a first colored lens (310) disposed in and associated with an
`optical path of the first array of photo detectors (302) (column 3, lines 33-37; column 5,
`lines 15-26).
`It would have been obvious to a person of ordinary skill in the art at the time the
`invention was made to further modify the invention of Tokkonen et al., in view of
`Schroeder et al., with colored lenses and a common image plane, as taught by Yu et al.,
`in order to reduce the number of components, and to focus an image of identical size on
`each image sensor, respectively.
`Regarding claims 24 and 53, Tokkonen etal., as modified by Schroeder et al.,
`teaches the devices of 1 and 34, but they do not teach memory to store intensity data
`from the first and second arrays.
`Yu et al. teaches (see Figure 3) a digital camera including a memory {360) to
`store the first array data (352) which is representative of the intensity of light sampled by
`
`Ex.1030 / Page 18 of 1435
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`Application/Control Number: 11/212,803
`Art Unit: 2878
`
`Page 16
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`the first·array of photo detectors (302), and the second array data (354) which is
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`representative of the intensity of light sampled by the second array of photo detectors
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`(304) (column 5, lines 58-61 ).
`
`It would have been obvious to a person of ordinary skill in the art at the time the
`
`invention was made to further modify the invention of Tokkonen et al., in view of
`
`Schroeder et al., with memory to store images from each of the arrays, as taught by Yu
`
`et al., in order to enhance the separate images and combine them to form an image
`
`with true color and resolution.
`
`Regarding claims 25 and 54, Tokkonen et al., as modified by Schroeder et al.
`
`and Yu et al., teaches the device of claims 24 and 53, including integrating the two
`
`imaging arrays and signal processing circuitry on the same substrate, but they do not
`
`teach that the memory is integrated on the same substrate (Schroeder et al. column 8,
`
`lines 15-21; column 10