DETAILED ACTION
Notice of Pre-AIA 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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 11/07/2025 has been entered.
Response to Amendment
Applicant’s amendment dated 11/07/2025, in which claims 1, 5, 7, 10-12, 16, 20-21 were amended, claims 8 and 17 were cancelled, has been entered.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: the specification fails to provide antecedent basis for the claimed term “first dielectric layer” and “second dielectric layer”.
Paragraph [0033] of the specification defines a first dielectric layer as element 202 and paragraph [0046] of the specification defines “a fifth dielectric layer 704”, “a seventh dielectric layer 904.” However, claims 1 and 7 appears to define a first dielectric layer as layer 904 and a second dielectric layer as layer 704. Claim 16 further appears to define a first dielectric layer as element 302.
Per MPEP 608.01 (o), “[t]he meaning of every term used in any of the claims should be apparent from the descriptive portion of the specification with clear disclosure as to its import; and in mechanical cases, it should be identified in the descriptive portion of the specification by reference to the drawing, designating the part or parts therein to which the term applies” and “[t]he use of a confusing variety of terms for the same thing should not be permitted.”
Claim Rejections - 35 USC § 103
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.
Claims 1-4, 6, 9-11, 21 are rejected under 35 U.S.C. 103 as being unpatentable over Hsieh et al. (US Pub. 20170053959) in view of Kim et al. (US Pub. 20090114960), Tu (US Pub. 20160343765), Baek et al. (US Pub. 20060054946), Obata et al. (US Pub. 20090009686).
Regarding claims 1 and 4, Hsieh et al. discloses in Fig. 5F a semiconductor device, comprising:
one or more dielectric layers [302] over a photodiode [204] in a substrate [202];
a radiation channeling structure extending through the one or more dielectric layers [302], wherein the radiation channeling structure overlies the photodiode [204];
a lens [552] overlying the radiation channeling structure, wherein:
the radiation channeling structure comprises:
a body [542], a first dielectric layer [512], a second dielectric layer [502] separated from the body [542] by the first dielectric layer [512],
the first dielectric layer [512] is between the one or more dielectric layers [302] and the body [542];
the first dielectric layer [512], the second dielectric layer [502] are disposed above an uppermost surface of an uppermost one of the one or more dielectric layers [302].
Hsieh et al. fails to disclose
a lens layer comprising one or more color filter layers over the radiation channeling structure;
the lens layer is in direct contact with the first dielectric layer and the body.
Kim et al. discloses in Fig. 6, paragraph [0022]
a lens layer [70 and upper portion of 65] comprising one or more color filter layers [upper portion of 65] over the radiation channeling structure [lower portion of 65];
the lens layer [70 and upper portion of 65] is in direct contact with the first dielectric layer [50] and the body [lower portion of 65].
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It would have been obvious to one of ordinary skill in the art before the effective filling date of the invention to incorporate the teachings of Kim et al. into the method of Hsieh et al. to include a lens layer comprising one or more color filter layers over the radiation channeling structure; the lens layer is in direct contact with the first dielectric layer and the body. The ordinary artisan would have been motivated to modify Hsieh et al. in the above manner for the purpose of providing planarized surface for forming microlens [paragraph [0022]-[0023] of Kim et al.].
Hsieh et al. fails to disclose
a third dielectric layer separated from the first dielectric layer by the second dielectric layer;
the third dielectric layer is disposed above the uppermost surface of the uppermost one of the one or more dielectric layers;
the body has a refractive index higher than a refractive index of the first dielectric layer.
Kim suggests in paragraph [0036], the barrier dielectric layer 50 can be formed in a structure where one or more layer is stacked.
Tu discloses in Fig. 2, paragraph [0029]-[0031]
a third dielectric layer [340] separated from the first dielectric layer [310 or 320] by the second dielectric layer [330];
the body [200] has a refractive index higher than a refractive index of the first dielectric layer [310 or 320].
It would have been obvious to one of ordinary skill in the art before the effective filling date of the invention to incorporate the teachings of Tu into the method of Hsieh et al. to include a third dielectric layer separated from the first dielectric layer by the second dielectric layer; the body has a refractive index higher than a refractive index of the first dielectric layer. The ordinary artisan would have been motivated to modify Hsieh et al. in the above manner for the purpose of providing additional protection layer to reduce light cross-talk reduction and reducing the loss of light and achieving high photosensitivity [paragraph [0027], [0029] of Tu].
Hsieh et al. and Kim et al. suggests a dielectric layer can be disposed above the uppermost surface of the uppermost one of the one or more dielectric layers. Thus, it would be obvious to one of ordinary skill in the art before the effective filling date of the invention to modify Hsieh et al., Kim et al. and Tu to include the third dielectric layer is disposed above the uppermost surface of the uppermost one of the one or more dielectric layers. The ordinary artisan would have been motivated to modify Hsieh et al. and Tu in the above manner for the purpose of providing suitable configuration of the third dielectric layer. Further, it would have been obvious to try one of the known methods with a reasonable expectation of success. KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385 (2007).
Hsieh et al. fails to disclose
a bottom surface of the radiation channeling structure is defined by a first tapered sidewall having a first linear slope and a second tapered sidewall having a second linear slope;
the second linear slope is opposite in polarity to the first linear slope; and
the first linear slope extends toward a top surface of the radiation channeling structure from an edge of the body toward a middle of the body;
wherein:
the bottom surface of the radiation channeling structure is defined by a third wall extending between the first tapered sidewall and the second tapered sidewall; and
the third wall lies in a plane parallel to a top surface of the substrate.
Baek et al. discloses in Fig. 2, Fig. 3, paragraph [0012]-[0014], [0032]-[0040]
a bottom surface [160] of the radiation channeling structure [170] is defined by a first tapered sidewall having a first slope and a second tapered sidewall having a second slope;
the second slope is opposite in polarity to the first slope; and
the first slope extends toward a top surface of the radiation channeling structure [170] from an edge of the body toward a middle of the body;
wherein:
the bottom surface of the radiation channeling structure [170] is defined by a third wall extending between the first tapered sidewall and the second tapered sidewall.
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It would have been obvious to one of ordinary skill in the art before the effective filling date of the invention to incorporate the teachings of Baek et al. into the method of Hsieh et al. to include a bottom surface of the radiation channeling structure is defined by a first tapered sidewall having a first slope and a second tapered sidewall having a second slope; the second slope is opposite in polarity to the first slope; and the first slope extends toward a top surface of the radiation channeling structure from an edge of the body toward a middle of the body; wherein: the bottom surface of the radiation channeling structure is defined by a third wall extending between the first tapered sidewall and the second tapered sidewall. The ordinary artisan would have been motivated to modify Tomita et al. in the above manner for the purpose of providing increased optical sensitivity by concentrating incident light on a photodiode through an optical path including an inner lens between a micro lens and the photodiode [paragraph [0012], [0014] of Baek et al.].
Hsieh et al. and Baek et al. fails to disclose
the first slope is a first linear slope;
the second slope is a second linear slope;
the third wall lies in a plane parallel to a top surface of the substrate.
However, Baek et al. discloses bottom surface [360] is a lens.
Obata discloses in Fig. 6, paragraph [0019]
first and second slopes of a lens [protrusion 16a5, 16a7, 16a8, 16a9] comprises:
a first linear slope and a second linear slope;
the second linear slope is opposite in polarity to the first linear slope;
a third wall [16d, 16d1, 16d2] extending between the first tapered sidewall and the second tapered sidewall; and
the third wall [16d, 16d1, 16d2] lies in a plane parallel to a top surface of the substrate.
Obata further discloses in Fig. 5, Fig. 6 first and second slopes of a lens [protrusion 16a3, 16a4, 16a6] alternatively can comprise a first curve slope and a second curve slope.
It would have been obvious to one of ordinary skill in the art at the time of the effective filling date of the invention to incorporate the teachings of Obata et al. into the method of Hsieh et al. and Baek et al. to include the first slope is a first linear slope; the second slope is a second linear slope; and the third wall lies in a plane parallel to a top surface of the substrate. The ordinary artisan would have been motivated to modify Hsieh et al. and Baek et al. in the above manner for the purpose of providing suitable slopes of a lens to allow light beams entering the side surfaces to be guided efficiently to the light receiving section; to improve the accuracy of forming the lens, to allow the amounts of lights that enter/exit from the surfaces equal, ensuring uniformity more effectively [paragraph [0056]-0057] of Obata et al.].
Regarding claims 2-3, 6, Hsieh al. discloses in Fig. 5F
wherein: a first portion [bottom portion] of the radiation channeling structure is a first distance from the photodiode [S];
a second portion [top portion] of the radiation channeling structure is a second distance from the photodiode [S];
the first distance is less than the second distance; and
the first portion of the radiation channeling structure has the first tapered sidewall with which a first tapered sidewall of a dielectric layer of the one or more dielectric layers [302] is aligned;
the first portion of the radiation channeling structure has the second tapered sidewall with which a second tapered sidewall of the dielectric layer of the one or more dielectric layers [302] is aligned;
wherein: a width of an uppermost portion of the radiation channeling structure is larger than a width of a lowermost portion of the radiation channeling structure.
Baek et al. also discloses in Fig. 2,
the first portion [bottom portion] of the radiation channeling structure [170] has the first tapered sidewall with which a first tapered sidewall of a dielectric layer [132] of the one or more dielectric layers [150 and 130] is aligned;
wherein: the first portion [bottom portion] of the radiation channeling structure [130] has the second tapered sidewall with which a second tapered sidewall of the dielectric layer [132] of the one or more dielectric layers [150 and 130] is aligned;
wherein: a width of an uppermost portion of the radiation channeling structure [170] is larger than a width of a lowermost portion of the radiation channeling structure [170].
Regarding claims 9-11, Hsieh et al. fails to disclose
wherein: the one or more dielectric layers comprise a passivation layer and an inter-metal dielectric (IMD) layer;
a fourth dielectric layer between the substrate and the one or more dielectric layers, wherein the bottom surface of the radiation channeling structure is over the fourth dielectric layer;
wherein: the fourth dielectric layer comprises an interlayer dielectric (ILD) layer.
Baek et al. discloses in Fig. 2
wherein:
the one or more dielectric layers [150 and 130] comprise a passivation layer [150] and an inter-metal dielectric (IMD) layer [130];
a (fourth) dielectric layer [120] between the substrate [100] and the one or more dielectric layers [150 and 130], wherein a bottom surface of the radiation channeling structure [170] is over the (fourth) dielectric layer [120];
wherein: the (fourth) dielectric layer [120] comprises an interlayer dielectric (ILD) layer.
Note, “passivation”, “inter-metal” or “interlayer” directs to intended purposes of a dielectric layer. A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. Further, per MPEP 2131: The elements must be arranged as required by the claim, but this is not an ipsissimis verbis test, i.e., identity of terminology is not required. In re Bond, 910 F.2d 831, 15 USPQ2d 1566 (Fed. Cir. 1990).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the invention to incorporate the teachings of Baek et al. into the method of Hsieh et al. to include wherein: the one or more dielectric layers comprise a passivation layer and an inter-metal dielectric (IMD) layer; a fourth dielectric layer between the substrate and the one or more dielectric layers, wherein the bottom surface of the radiation channeling structure is over the fourth dielectric layer; wherein: the fourth dielectric layer comprises an interlayer dielectric (ILD) layer. The ordinary artisan would have been motivated to modify Hsieh et al. in the above manner for the purpose of providing suitable configuration of the one or more dielectric layers. Further, it would have been obvious to try one of the known methods with a reasonable expectation of success. KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385 (2007).
Regarding claim 21, Hsieh et al. discloses in Fig. 5F, the second dielectric layer [502] is separated from the lens [552] by the first dielectric layer [512].
Kim et al. discloses in Fig. 6, paragraph [0036]
the second dielectric layer [a lower layer of multilayer 50] is separated from the lens layer [70 and upper portion of 65] by the first dielectric layer [an uppermost layer of multilayer 50].
Consequently, the combination of Hsieh et al. and Kim et al. discloses limitation of claim 21.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Hsieh et al. (US Pub. 20170053959) in view of Kim et al. (US Pub. 20090114960), Tu (US Pub. 20160343765), Baek et al. (US Pub. 20060054946), Obata et al. (US Pub. 20090009686) as applied to claim 1 above and further in view Lee et al. (US Pub. 20210175271).
Regarding claim 5, Hsieh et al. fails to disclose
wherein a width of the photodiode is greater than a maximum width of the radiation channeling structure.
However, one of ordinary skill in the art would have recognized the finite number of predictable solutions for a width of the photodiode with respect to a maximum width of the radiation channeling structure: a width of the photodiode is greater than/less than or equal to a maximum width of the radiation channeling structure. Absent unexpected results, it would have been obvious to try a width of the photodiode is greater than a maximum width of the radiation channeling structure to yield suitable width of the photodiode.
For further support, Lee et al is cited.
Lee et al. discloses in paragraph [0035]
wherein a width [W1] of the photodiode is greater than a maximum width [W2] of the radiation channeling structure [104].
It would have been obvious to one of ordinary skill in the art before the effective filling date of the invention to incorporate the teachings of Lee et al. into the method of Hsieh et al. to include wherein a width of the photodiode is greater than a maximum width of the radiation channeling structure. The ordinary artisan would have been motivated to modify Hsieh et al. in the above manner for the purpose of providing suitable width of the photodiode with respect to a maximum width of the radiation channeling structure to achieve desired performance.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Hsieh et al. (US Pub. 20170053959) in view of Kim et al. (US Pub. 20090114960), Tu (US Pub. 20160343765), Baek et al. (US Pub. 20060054946), Obata et al. (US Pub. 20090009686) as applied to claim 1 above and further in view of Iida et al. (US Pub. 20110156186).
Regarding claim 7, Hsieh et al. discloses in paragraph [0023]
wherein: the first dielectric layer [512] is a first oxide layer.
Hsieh et al. fails to disclose
the third dielectric layer is a second oxide layer;
the second dielectric layer is a nitride layer
Hsieh et al. discloses in paragraph [0022] the second dielectric layer is a high-k dielectric layer. Silicon nitride is a known high-k dielectric material and therefore it would have been obvious to select silicon nitride layer based on its suitability for use as the high dielectric constant layer in the device of Hsieh et al. Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945).
Tu discloses in paragraph [0030]
the third dielectric layer [340] is a second oxide layer.
For further support, Iida et al. is cited.
Iida et al. discloses in Fig. 4, Fig. 15, paragraph [0059], [0061]
the first dielectric layer [166] is a first oxide layer.
the third second dielectric layer [164] is a second oxide layer.
the second dielectric layer [162] is a nitride layer.
It would have been obvious to one of ordinary skill in the art before the effective filling date of the invention to incorporate the teachings of Iida into the method of Hsieh et al. to include the third second dielectric layer is a second oxide layer; the second dielectric layer is a nitride layer. The ordinary artisan would have been motivated to modify Hsieh et al. in the above manner for the purpose of providing suitable material of the second and third dielectric layers to provide a highly-sensitive solid-state imaging device that has less optical crosstalk and less electrical crosstalk.
Claims 12-15 are rejected under 35 U.S.C. 103 as being unpatentable over Sakai (JP4923357B2) in view of Cai et al. (US Pub. 20190195797), Baek et al. (US Pub. 20060054946) and Kim et al. (US Pub. 20090114960).
Regarding claims 12, 13, 14, 15, Sakai discloses in Fig. 15, Sakai discloses in Fig. 15 a semiconductor device, comprising:
one or more dielectric layers [25] over a photodiode [5] in a substrate [11][paragraph [0012]-[0013]];
a protective layer [14/14a] between the photodiode [5] and the one or more dielectric layers [25] and overlying the photodiode [5];
a radiation channeling structure [26, 27, 28] extending through the one or more dielectric layers [5], wherein:
the radiation channeling structure [26, 27, 28] overlies the photodiode [5] and the protective layer [14/14a][paragraph [0016]];
the radiation channeling structure [26, 27, 28] comprises a dielectric layer [27] and a body [28][paragraph [0016]];
the dielectric layer [27] is between the one or more dielectric layers [25] and the body [28];
a top surface of the body [28] is co-planar with a top surface of the dielectric layer [27];
the body [28] has a refractive index [1.6] higher than a refractive index [1.45] of a material [silicon oxide material of 14] disposed between the photodiode and the body [28][paragraph [0019], [0057], [0059]];
a lens layer [30 and 40] comprising one or more color filter layers [40] over the radiation channeling structure [26, 27, 28]; and
a lens [50] overlying the lens layer [30 and 40] and the radiation channeling structure [26, 27, 28]; wherein:
a first portion [bottom portion] of the radiation channeling structure [26, 27, 28] is a first distance from the photodiode [5];
a second portion [top portion] of the radiation channeling structure [26, 27, 28] is a second distance from the photodiode [5];
the first distance is less than the second distance;
wherein the radiation channeling structure [26, 27, 28] comprises: a second dielectric layer [26] under the dielectric layer [27] and separating the body [28] from the one or more dielectric layers [25].
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Sakai fails to disclose
an etch stop layer between the protective layer and the one or more dielectric layers and overlying the photodiode;
the radiation channeling structure overlies the etch stop layer.
Cai et al. discloses in Fig. 3, Fig. 12, paragraph [0076], [0102]-[0103]
an etch stop layer [155 or 255] between the protective layer [lower 142 or 242] and the one or more dielectric layers [upper 142 or 242] and overlying the photodiode [240];
the radiation channeling structure [118 or 218] overlies the etch stop layer [155 or 255].
It would have been obvious to one of ordinary skill in the art before the effective filling date of the invention to incorporate the teachings of Cai et al. into the method of Sakai to include an etch stop layer between the protective layer and the one or more dielectric layers and overlying the photodiode; the radiation channeling structure overlies the etch stop layer. The ordinary artisan would have been motivated to modify Sakai in the above manner for the purpose of preventing contamination into the photodiode, protecting the protective layer during the subsequent etching process for forming radiation channeling structure [paragraph [0074], [0076], [0103] of Cheng et al.].
Sakai fails to disclose
the first portion of the radiation channeling structure has a first tapered sidewall with which a first tapered sidewall of a first dielectric layer of the one or more dielectric layers is aligned;
a vertical thickness of the body at a center of the body is less than a vertical thickness of the body adjacent an edge of the body;
wherein: the first portion of the radiation channeling structure has a second tapered sidewall with which a second tapered sidewall of the first dielectric layer is aligned;
the first portion of the radiation channeling structure has a third tapered sidewall with which a third tapered sidewall of the first dielectric layer is aligned; and
the first portion of the radiation channeling structure has a fourth tapered sidewall with which a fourth tapered sidewall of the first dielectric layer is aligned;
wherein: the first tapered sidewall of the first portion of the radiation channeling structure has a first slope;
the second tapered sidewall of the first portion of the radiation channeling structure has a second slope;
the third tapered sidewall of the first portion of the radiation channeling structure has a third slope;
the fourth tapered sidewall of the first portion of the radiation channeling structure has a fourth slope;
the second slope is opposite in polarity relative to the first slope; and
the third slope is opposite in polarity relative to the fourth slope.
Cai et al. discloses in Fig. 1, Fig. 3, Fig. 13
the first portion [bottom portion] of the radiation channeling structure [118 or 218] has a first tapered sidewall with which a first tapered sidewall of a first dielectric layer of the one or more dielectric layers [142 or 242] is aligned;
wherein: the first portion [bottom portion] of the radiation channeling structure [118 or 218] has a second tapered sidewall with which a second tapered sidewall of the first dielectric layer is aligned;
wherein: the first tapered sidewall of the first portion [bottom portion] of the radiation channeling structure [118 or 218] has a first slope;
the second tapered sidewall of the first portion [bottom portion] of the radiation channeling structure [118 or 218] has a second slope;
the second slope is opposite in polarity relative to the first slope.
Baek et al. discloses in Fig. 2, paragraph [0030]-[0045]
the first portion [bottom portion] of the radiation channeling structure [170] has the first tapered sidewall with which a first tapered sidewall of a dielectric layer [132] of the one or more dielectric layers [150 and 130] is aligned;
a vertical thickness of the body at a center of the body is less than a vertical thickness of the body adjacent an edge of the body;
wherein:
the first portion [bottom portion] of the radiation channeling structure [170] has a second tapered sidewall with which a second tapered sidewall of the first dielectric layer [132] is aligned;
the first portion [bottom portion] of the radiation channeling structure [170] has a third tapered sidewall with which a third tapered sidewall of the first dielectric layer [132] is aligned; and
the first portion [bottom portion] of the radiation channeling structure [170] has a fourth tapered sidewall with which a fourth tapered sidewall of the first dielectric layer [132] is aligned;
wherein:
the first tapered sidewall of the first portion [bottom portion] of the radiation channeling structure [170] has a first slope;
the second tapered sidewall of the first portion [bottom portion] of the radiation channeling structure [170] has a second slope;
the third tapered sidewall of the first portion [bottom portion] of the radiation channeling structure [170] has a third slope;
the fourth tapered sidewall of the first portion [bottom portion] of the radiation channeling structure [170] has a fourth slope;
the second slope is opposite in polarity relative to the first slope; and
the third slope is opposite in polarity relative to the fourth slope.
It would have been obvious to one of ordinary skill in the art before the effective filling date of the invention to incorporate the teachings of Cai et al. and Baek et al. into the method of Sakai to include the first portion of the radiation channeling structure has a first tapered sidewall with which a first tapered sidewall of a first dielectric layer of the one or more dielectric layers is aligned; a vertical thickness of the body at a center of the body is less than a vertical thickness of the body adjacent an edge of the body; wherein: the first portion of the radiation channeling structure has a second tapered sidewall with which a second tapered sidewall of the first dielectric layer is aligned; the first portion of the radiation channeling structure has a third tapered sidewall with which a third tapered sidewall of the first dielectric layer is aligned; and the first portion of the radiation channeling structure has a fourth tapered sidewall with which a fourth tapered sidewall of the first dielectric layer is aligned; wherein: the first tapered sidewall of the first portion of the radiation channeling structure has a first slope; the second tapered sidewall of the first portion of the radiation channeling structure has a second slope; the third tapered sidewall of the first portion of the radiation channeling structure has a third slope; the fourth tapered sidewall of the first portion of the radiation channeling structure has a fourth slope; the second slope is opposite in polarity relative to the first slope; and the third slope is opposite in polarity relative to the fourth slope. The ordinary artisan would have been motivated to modify Sakai in the above manner for the purpose of providing suitable alternative shape of sidewall of the radiation channeling structure so that light receiving efficiency for light obliquely incident with respect to the substrate can be increased; increasing optical sensitivity by concentrating incident light on a photodiode through an optical path including an inner lens between a micro lens and the photodiode [paragraph [0012], [0014] of Baek et al.].
Sakai fails to disclose
wherein the lens layer is separated from the one or more dielectric layers by the dielectric layer of the radiation channeling structure;
wherein the second dielectric layer is spaced apart from the lens layer by the dielectric layer of the radiation channeling structure.
Cai et al. discloses in Fig. 3
wherein an upper layer [126] is separated from the one or more dielectric layers [142] by the dielectric layer [130] of the radiation channeling structure [118];
wherein the second dielectric layer [154] is spaced apart from the upper layer [126] by the dielectric layer [130] of the radiation channeling structure [118].
Kim et al. discloses in Fig. 6, paragraph [0036]
wherein the lens layer [70 and upper portion of 65] is separated from the one or more dielectric layers [30] by the dielectric layer [uppermost layer of multilayer 50] of the radiation channeling structure;
wherein the second dielectric layer [lower layer of multilayer 50] is spaced apart from the lens layer [70 and upper portion of 65] by the dielectric layer [uppermost layer of multilayer 50] of the radiation channeling structure.
It would have been obvious to one of ordinary skill in the art before the effective filling date of the invention to incorporate the teachings of Cai et al. and Kim et al. into the method of Sakai to include wherein the lens layer is separated from the one or more dielectric layers by the dielectric layer of the radiation channeling structure; wherein the second dielectric layer is spaced apart from the lens layer by the dielectric layer of the radiation channeling structure. The ordinary artisan would have been motivated to modify Sakai in the above manner for the purpose of providing suitable alternative configuration of the first and second dielectric layers to increase light receiving efficiency [paragraph [0077] of Cai et al. and paragraph [0036] of Kim et al.]. Further, it would have been obvious to try one of the known methods with a reasonable expectation of success. KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385 (2007).
Allowable Subject Matter
Claims 16, 18-20, 22 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: Applicant’s amendment to the claims and arguments were persuasive. Prior art of record does not fairly disclose or make obvious the claimed method as a whole. Specifically, the closest prior art (which has been made of record) fail to disclose (by themselves or in combination) the limitations of “forming a protective layer over the substrate and contacting a sidewall of the polysilicon structure; forming an etch stop layer over the protective layer and contacting the sidewall of the polysilicon structure; forming a plurality of dielectric layers over the etch stop layer; forming a trench through one or more dielectric layers of the plurality of dielectric layers, wherein the trench overlies a photodiode in the substrate, overlies the etch stop layer, and overlies the protective layer” of claim 16 in combination with the additionally claimed features, as are claimed by the Applicant. Thus, the Applicant’s claims are determined to be novel and non-obvious.
Claims 18-20, 22 are allowable based on their dependence on claim 16, respectively.
Response to Arguments
Applicant’s arguments with respect to claims 1-7, 9-15 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Overall, Applicant’s arguments are not persuasive. The claims stand rejected.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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/SOPHIA T NGUYEN/Primary Examiner, Art Unit 2893