Prosecution Insights
Last updated: July 17, 2026
Application No. 17/896,534

PHOTODIODE AND ELECTRONIC DEVICE INCLUDING THE SAME

Non-Final OA §103
Filed
Aug 26, 2022
Priority
Oct 22, 2021 — RE 10-2021-0141935
Examiner
ANGUIANO, MICHAEL
Art Unit
2899
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Samsung Electronics Co., Ltd.
OA Round
3 (Non-Final)
48%
Grant Probability
Moderate
3-4
OA Rounds
0m
Est. Remaining
72%
With Interview

Examiner Intelligence

Grants 48% of resolved cases
48%
Career Allowance Rate
10 granted / 21 resolved
-20.4% vs TC avg
Strong +24% interview lift
Without
With
+24.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 6m
Avg Prosecution
37 currently pending
Career history
74
Total Applications
across all art units

Statute-Specific Performance

§103
93.8%
+53.8% vs TC avg
§102
1.2%
-38.8% vs TC avg
§112
5.0%
-35.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 21 resolved cases

Office Action

§103
DETAILED ACTION 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 November 10, 2025 has been entered. Information Disclosure Statement(s) The Information Disclosure Statement(s) filed on April 9, 2026 was considered by the Examiner. Response to Arguments RE: the rejection of claims under 35 USC 103, Applicant’s arguments and/or amendments have been fully considered but are moot as further search and consideration have prompted the new grounds of rejection presented herein. Claim Objections Claims 1 and 13 include “a transparent conductive oxide layer” and later recite “wherein the entire lowermost surface of the transparent conductive oxide contacts an entire upper surface of the second conductive layer” (where “layer” is omitted). The later recitation of “transparent conductive oxide” is understood as a typographical error of “transparent conductive oxide layer.” Claim 19 includes “a semiconductor layer” which is understood as referring to the “semiconductor layer” introduced in claim 17. Accordingly, “a semiconductor layer” in claim 19 is understood as a typographical error of “the semiconductor layer.” Appropriate correction is required. 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-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) 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 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claim(s) 1, 3-4, 7-8, 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over US20210396663A1 (“Sana”). RE: Claim 1, Sana discloses A photodiode (130, 103 in FIG. 5) comprising: a semiconductor layer (3 or alternatively, the upper surface of 3; 3 is a silicon semiconductor film, [0087]); a first conductive layer (plasmon resonance film electrode 4, [0088]; plasmon resonance film electrode 4 has a function of converting entering light (incident light) into surface plasmon resonance (especially surface plasmon polaritons) and is a film made of a plasmonic material, [0092]; the plasmonic material is indium tin oxide, [0093]) provided on the semiconductor layer; and a second conductive layer (adhesive layer 6 is titanium nitride, [0098]; Applicant described titanium nitride as conductive material at paragraph [0057] of the instant application; Accordingly, the adhesive layer 6 is considered conductive) arranged between the semiconductor layer and the first conductive layer, the second conductive layer configured to have a second work function different from a first work function of the first conductive layer (plasmon electrode 4 is indium tin oxide; adhesive layer 6 is titanium nitride; Accordingly, these are different materials and would have different work functions, see also [0118]-[0121]), and configured to form a Schottky junction structure with the semiconductor layer (The silicon semiconductor as the material of the silicon semiconductor film 3 may be an n-type semiconductor, [0087]; the silicon semiconductor is preferably an n-type semiconductor or non-doped silicon, and more preferably an n-type semiconductor, from the viewpoint that a Schottky barrier tends to be formed at the interface with the plasmon resonance film electrode 4 (or the interface with the adhesive layer 6 when the adhesive layer 6 is further provided, [0088]; Accordingly, the Schottky barrier would be formed at the interface between semiconductor film 3 and the adhesive layer 6), wherein the first conductive layer is a transparent conductive oxide layer (the plasmonic material is indium tin oxide, [0093]; Applicant described indium tin oxide a transparent conductive oxide at paragraph [0056] of the instant application; Accordingly, the plasmon resonance film electrode 4 is a transparent conductive oxide layer), wherein a lowermost surface of the transparent conductive oxide layer is a planar surface along entirety of a length direction of the transparent conductive oxide layer (FIG. 5 shows a lowermost surface of the transparent conductive oxide layer 4 is a planar surface along entirety of a length direction of the transparent conductive oxide layer 4), wherein the entire lowermost surface of the transparent conductive oxide layer contacts an entire upper surface of the second conductive layer (FIG. 5 shows the entire lowermost surface of the conductive oxide layer 4 contacts an entire upper surface of the adhesive layer 6), wherein the second conductive layer comprises a metal, a metal oxide, a metal nitride, or a silicide (adhesive layer 6 is titanium nitride, [0098], which is a metal nitride), the second conductive layer being in contact with the semiconductor layer (FIG. 5 shows the second conductive layer 6 is in contact with semiconductor layer 3). Sana does not explicitly disclose: wherein the photodiode is configured to sense light in infrared band. Sana teaches in order to produce hot electrons by light absorption in the silicon semiconductor film 3, the light incident on the prism 1 is preferably of a wavelength that can be absorbed by the silicon semiconductor film 3, and the wavelength is preferably 400 to 700 nm, [0127]. 700nm light is in the infrared band. Accordingly, Sana’s sensor chip 130/103 senses light in the infrared band. Further, Sana does not explicitly disclose that the sensor chip 130 or the sensor chip (photoelectric conversion unit) 103, [0098], is a photodiode. However, Sana discloses The silicon semiconductor film 3 mainly has a function of absorbing light incident on the silicon semiconductor film 3 (incident light and further, reflected light by the plasmon resonance film electrode 4) to generate power by itself, or has the above-mentioned function and a function of receiving hot electrons emitted when the plasmon resonance film electrode 4 is sufficiently polarized by the surface plasmon resonance excited by the plasmon resonance film electrode 4, [0076]. Sana further discloses hot electrons are produced inside the silicon semiconductor film 3 by the light (incident light) having passed through the prism 1 and the electrode 2, and the light (reflected light) reflected by the plasmon resonance film electrode 4, [0125]. Sana further discloses generating hot electrons is generating electricity, [0017]. Further, Merriam-Webster’s dictionary definition for photodiode is “a photoelectric semiconductor device for detecting and often measuring radiant energy (such as light),” (See definition on pg. 1 of Merriam-Webster's dictionary definition for "photodiode." Accessed at <https://www.merriam-webster.com/dictionary/photodiode> on March 28, 2025). As Sana discloses 103 is a photoelectric conversion unit, [0098], since a Schottky barrier would be formed at the interface between semiconductor film 3 and the adhesive layer 6, and since the device 103, 130 generates electricity in response to absorbing light, then 103 or the combination 130, 103 is considered a photodiode under a broad reasonable interpretation. RE: Claim 3, Sana discloses The photodiode of claim 1, wherein the second work function of the second conductive layer is set to have a second Schottky-barrier height of the Schottky junction structure lower than a first Schottky-barrier height of a Schottky junction structure in which a material of the first conductive layer and a material of the semiconductor layer are combined (the instant application discloses The Schottky-barrier height (energy) (φB) may be expressed as ϕMi-𝒳s (2), [0064]; the instant application further discloses When the first conductive layer 150 is ITO, the second conductive layer 130 is TiN, and the semiconductor layer 110 is n-Si, φB becomes 4.5−4.05=0.45 eV according to Equation (2), [0065]. When a Schottky barrier is formed by the combination of ITO and n-Si, the Schottky-barrier height is calculated by the formula φM−χs, and is 4.7−4.05=0.65 (eV), [0066]. That is, the Schottky-barrier height (energy) in an embodiment is lower than a Schottky-barrier height when the material of the first conductive layer 150 and the material of the semiconductor layer 110 are combined, [0067]; Accordingly, since in Sana the adhesive layer 6 is titanium nitride (TiN), the plasmon resonance film electrode 4 is indium tin oxide (ITO), and the semiconductor film 3 is n-type silicon, the second work function of the adhesive layer 6 would be set to have a second Schottky-barrier height of the Schottky junction structure lower than a first Schottky-barrier height of a Schottky junction structure in which a material of the plasmon resonance film electrode 4 and a material of the semiconductor layer 3 are combined; Furthermore, the Schottky barrier height is directly proportional to the work function ϕM as disclosed by equation (2) of the instant application; in Sana, the work function ϕM is 4.5 for indium tin oxide in the plasmonic resonance electrode 4, and the work function ϕM is 4.4 for titanium nitride in the adhesive layer 6 which is lower than that of the indium tin oxide; Accordingly, the second work function of the adhesive layer 6 is set to have a second Schottky-barrier height of the Schottky junction structure lower than a first Schottky-barrier height of a Schottky junction structure in which a material of the plasmon resonance film electrode 4 and a material of the semiconductor layer 3 are combined). RE: Claim 4, Sana discloses The photodiode of claim 1, wherein the semiconductor layer is of an n- type (Sana discloses The silicon semiconductor as the material of the silicon semiconductor film 3 may be an n-type semiconductor, [0087]), and the second work function of the second conductive layer satisfies the following condition: φM > φMi > χs, wherein φM is the work function of the first conductive layer, φMi is the work function of the second conductive layer, and χs is electron affinity of the semiconductor layer (As modified, the work function φMi for titanium nitride in the adhesive layer 6 is 4.4 which is lower than the work function φM of 4.5 for indium tin oxide in the plasmon resonance electrode 4; Further the instant application identifies that χs for n-type silicon is 4.05. Accordingly, χs for n-type silicon is smaller than the work functions φMi, φM of the adhesive layer 6 and plasmon resonance electrode 4). RE: Claim 7, Sana discloses The photodiode of claim 1, wherein a thickness of the second conductive layer is greater than 0 and less than or equal to 10 nm (As discussed above, adhesive layer 6 is conductive titanium nitride; Sana discloses the adhesive layer 6, its thickness is preferably 1 to 10 nm, [0098]). RE: Claim 8, Sana discloses The photodiode of claim 1, further comprising: a silicon substrate (3, [0087]), wherein the semiconductor layer is a partial area of the silicon substrate (the upper surface of 3 is a partial area of 3; 3 is a silicon semiconductor film, [0087]). RE: Claim 12, Sana discloses The photodiode of claim 1, wherein the photodiode is configured to sense light in visible and infrared bands (As discussed above for claim 1, 230, 203 senses light in the infrared band; Sana discloses in order to produce hot electrons by light absorption in the silicon semiconductor film 3, the light incident on the prism 1 is preferably of a wavelength that can be absorbed by the silicon semiconductor film 3, and the wavelength is preferably 400 to 700 nm, [0127];; 400 to 700nm light is in the visible and infrared bands as evidenced by US20120187512 A1 (“Wang”) at [0021]; Accordingly, Sana’s chip 230, 203 senses light in the visible and infrared bands). Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sana as applied to claim 1 above, and further in view of US20210399148A1 (hereinafter “Okamoto”). RE: Claim 2, Sana does not explicitly disclose The photodiode of claim 1, wherein the first conductive layer further comprises a metallic layer having a thickness less than 10 nm. In the same field of endeavor, Okamoto discloses photoelectric converter 200A includes the Schottky device 100A including a transparent conductive film 16, [0091]. Okamoto discloses 16 is tin-doped indium oxide (ITO), [0093], see FIG. 3A. FIG. 3A shows the indium tin oxide layer 16 containing a layer of nanoparticles 11. Okamoto discloses Using the nanoparticles 11 of an elemental metal enables plasmon absorption at a higher efficiency than using nanoparticles of an alloy. Therefore, an optical device enabling photoelectric conversion at high efficiency can be achieved at relatively low cost, [0047]. Okamoto further discloses The size of the nanoparticles 11 may be, for example, greater than or equal to 1 nm and less than or equal to 200 nm, [0051]. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the plasmon resonance film electrode 4 to contain a layer of nanoparticles 11 of size 1nm as taught by Okamoto in order to enable photoelectric conversion at high efficiency as further taught by Okamoto. Further, Sana discloses the thickness of the plasmon resonance film electrode 4 is preferably 200 nm, [0094]. As a result, as the nanoparticles of size 1nm are included in the plasmon resonance film electrode 4 made of indium tin oxide with a thickness of 200nm, under a broad reasonable interpretation, the combination of the indium tin oxide in the plasmon resonance film electrode 4 and Okamoto’s nanoparticles would still be considered a transparent conductive oxide layer as a transparent conductive oxide layer would not necessarily consist purely of transparent conductive oxide. Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sana as applied to claim 8 above, further in view of Okamoto. RE: Claim 9, Sana discloses The photodiode of claim 8, further comprising a plurality of electrodes (Sana discloses external circuit 31 and electrode 2; electrode 2 is in FIG. 5, [0072]; 31, 31’ are external circuits, [0056] shown in FIG. 1B; The material of the external circuits is not particularly limited, and it is possible to use a known one as the material of conductive wire. Examples thereof include metals such as platinum, gold, palladium, iron, copper, and aluminum, [0124]. Accordingly, under a broad reasonable interpretation, the external circuits 31, 31’ are considered electrodes), the plurality of electrodes configured to apply an electrical signal to the Schottky junction structure or to measure an electrical signal generated in the Schottky junction structure (Sana discloses an electric measuring apparatus (electric measuring apparatus 21) which is electrically connected via external circuits (external circuits 31 and 31′) to the electrode 2 and the plasmon resonance film electrode 4 of the sensor chip 101, [0056]. Sana further discloses the electric measuring apparatus directly measures a current or voltage from the electrode and the plasmon resonance film electrode, [0027]). Sana does not explicitly disclose the plurality of electrodes are provided on the silicon substrate. However, Sana discloses in FIG. 5 electrode 2 directly contacting a bottom surface of the silicon semiconductor film 3, and therefore electrode 2 is on a bottom surface of the silicon semiconductor film 3. Sana further discloses in FIG. 1B external circuit 31 is on a side surface of the electrode 4. In the same field of endeavor, Okamoto discloses When the Schottky device 100A is irradiated with light from the light source 19, a current flows through the conductor 18, [0094]. Okamoto further shows in FIG. 3A a conductor 18 directly contacting transparent conductive film 16 and on a top surface of the semiconductor substrate 13 and an electrode 17 directly contacting and on a bottom surface of the semiconductor substrate 13, [0062], [0091]-[0092]. As 18 is a conductor, under a broad reasonable interpretation, 18 is considered an electrode. Okamoto further discloses in the transparent conductive film 16, a material with high transmittance at the wavelength of light emitted from the light source 19 can be used. In particular, in the visible to near-infrared region, for example, tin-doped indium oxide (ITO), [0093]. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the external circuit/electrode 31 to be on a top surface of the indium tin oxide of the plasmon resonance film electrode 4 as taught by Okamoto in order to provide support for the external circuit 31 by the plasmon resonance film electrode 4.As a result, the external circuit/electrode 31 would be on top of the silicon semiconductor film 3. Claim(s) 10-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sana as applied to claim 8 above, further in view of US20200235256 (“Gao”). RE: Claim 10, Sana does not explicitly disclose The photodiode of claim 8, wherein the silicon substrate further comprises an ohmic contact area spaced apart from the Schottky junction structure, the ohmic contact area having a higher doping concentration than a doping concentration of the semiconductor layer. In the same field of endeavor, Gao discloses the optional back surface field region 42 may be included as an optional layer between the semiconductor substrate 18 and the semiconductor contact 26 to assist with achieving successful ohmic contact between the semiconductor substrate 18 and semiconductor contact 22. In a preferred embodiment, the back surface field region 42 has a same conductivity type as semiconductor substrate 18 but with higher doping concentration. For instance, if the semiconductor substrate 18 comprises a lightly doped n-type semiconductor (e.g. ˜1×10.sup.16 carriers/cm.sup.3 or less), then the back surface field region 42 may comprise a heavily doped n-type semiconductor (e.g. >>1×10.sup.16 carriers/cm.sup.3). In this embodiment, the back surface field region 42 may be operative to capture photons that have traveled through the bulk of the semi-conductor substrate 18, [0044]. FIG. 1 shows the ohmic contact region 42 spaced apart from the top of the substrate 18. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to introduce an ohmic contact region in the back region of the silicon semiconductor film 3 with a higher doping concentration as taught by Gao in order to better capture photons that travelled through the silicon semiconductor film 3. As the ohmic contact region would be spaced apart from the top of the semiconductor film 3, it would be spaced apart from the Schottky junction structure. RE: Claim 11, Sana in view of Gao discloses The photodiode of claim 10, further comprising: a first electrode (In Sana 31) in electrical contact with the first conductive layer, and a second electrode (electrode 2, [0072]) in electrical contact with the ohmic contact area (31, 31’ are external circuits, [0056]; The material of the external circuits is not particularly limited, and it is possible to use a known one as the material of conductive wire. Examples thereof include metals such as platinum, gold, palladium, iron, copper, and aluminum, [0124]. Accordingly, under a broad reasonable interpretation, the external circuits 31, 31’ are considered electrodes; Sana further discloses electric measuring apparatus (electric measuring apparatus 21) which is electrically connected via external circuits (external circuits 31 and 31′) to the electrode 2 and the plasmon resonance film electrode 4 of the sensor chip 101, [0056]; Accordingly, external circuit 31 is in electrical contact with 4 and electrode 2 is in electrical contact with the bottom of the silicon semiconductor film 3 and therefore Gao’s ohmic contact region). Claim(s) 13-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over US20160156882A1 (“Nam”) in view of Sana. RE: Claim 13, Nam discloses An image sensor (apparatus in FIG. 4, which includes image sensor 10 in FIG. 1, [0067]) comprising: a sensor array (30, [0068]) including a plurality of light-sensing elements (31, [0056]); and a processor (100 in FIG. 4, [0068]) configured to read a photoelectric signal generated from each of the plurality of light-sensing elements (The signal processor 100 creates a visible light image and an infrared image using an image signal obtained by the image sensor 10, [0068]). Nam does not explicitly disclose: each of the plurality of light-sensing elements including a photodiode; wherein the photodiode comprises: a semiconductor layer; a first conductive layer provided on the semiconductor layer; and a second conductive layer arranged between the semiconductor layer and the first conductive layer, the second conductive layer configured to have a second work function different from a first work function of the first conductive layer, and configured to form a Schottky junction structure with the semiconductor layer, wherein the first conductive layer is a transparent conductive oxide layer, wherein a lowermost surface of the transparent conductive oxide layer is a planar surface along entirety of a length direction of the transparent conductive oxide layer, wherein the entire lowermost surface of the transparent conductive oxide contacts an entire upper surface of the second conductive layer, wherein the second conductive layer comprises a metal, a metal oxide, a metal nitride, or a silicide, the second conductive layer being in contact with the semiconductor layer, and wherein the photodiode is configured to sense light in infrared band. However, Nam teaches 31 are photoelectric conversion cells, [0056]. Accordingly, each of the photoelectric conversion cells 31 is used for photoelectric conversion. In the same field of endeavor, Sana discloses: an intensifying sensor chip 130 having a photoelectric conversion unit 103, [0098]. Accordingly, the sensor chip 130 is used for photoelectric conversion. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute each of the photoelectric conversion cells 31 with an intensifying sensor chip 130 from Sana as each of the photoelectric conversion cells 31 in Nam and the intensifying sensor chip 130 in Sana are used for photoelectric conversion, and the results of the substitution would have been predictable, see MPEP 2143. Sana discloses a photodiode (sensor chip 130 with 103 in FIG. 5) comprises: a semiconductor layer (3 or alternatively, the upper surface of 3; 3 is a silicon semiconductor film, [0087]); a first conductive layer (plasmon resonance film electrode 4, [0088]; plasmon resonance film electrode 4 has a function of converting entering light (incident light) into surface plasmon resonance (especially surface plasmon polaritons) and is a film made of a plasmonic material, [0092]; the plasmonic material is indium tin oxide, [0093]) provided on the semiconductor layer; and a second conductive layer (adhesive layer 6 is titanium nitride, [0098]; Applicant described titanium nitride as conductive material at paragraph [0057] of the instant application; Accordingly, the adhesive layer 6 is considered conductive) arranged between the semiconductor layer and the first conductive layer, the second conductive layer configured to have a second work function different from a first work function of the first conductive layer (plasmon electrode 4 is indium tin oxide; adhesive layer 6 is titanium nitride; Accordingly, these are different materials and would have different work functions, see also [0118]-[0121]), and configured to form a Schottky junction structure with the semiconductor layer (The silicon semiconductor as the material of the silicon semiconductor film 3 may be an n-type semiconductor, [0087]; the silicon semiconductor is preferably an n-type semiconductor or non-doped silicon, and more preferably an n-type semiconductor, from the viewpoint that a Schottky barrier tends to be formed at the interface with the plasmon resonance film electrode 4 (or the interface with the adhesive layer 6 when the adhesive layer 6 is further provided, [0088]; Accordingly, the Schottky barrier would be formed at the interface between semiconductor film 3 and the adhesive layer 6), wherein the first conductive layer is a transparent conductive oxide layer (the plasmonic material is indium tin oxide, [0093]; Applicant described indium tin oxide a transparent conductive oxide at paragraph [0056] of the instant application; Accordingly, the plasmon resonance film electrode 4 is a transparent conductive oxide layer), wherein a lowermost surface of the transparent conductive oxide layer is a planar surface along entirety of a length direction of the transparent conductive oxide layer (FIG. 5 shows a lowermost surface of the transparent conductive oxide layer 4 is a planar surface along entirety of a length direction of the transparent conductive oxide layer 4), wherein the entire lowermost surface of the transparent conductive oxide layer contacts an entire upper surface of the second conductive layer (FIG. 5 shows the entire lowermost surface of the conductive oxide layer 4 contacts an entire upper surface of the adhesive layer 6), wherein the second conductive layer comprises a metal, a metal oxide, a metal nitride, or a silicide (adhesive layer 6 is titanium nitride, [0098], which is a metal nitride), the second conductive layer being in contact with the semiconductor layer (FIG. 5 shows the second conductive layer 6 is in contact with semiconductor layer 3). Sana does not explicitly disclose: wherein the photodiode is configured to sense light in infrared band. Sana teaches in order to produce hot electrons by light absorption in the silicon semiconductor film 3, the light incident on the prism 1 is preferably of a wavelength that can be absorbed by the silicon semiconductor film 3, and the wavelength is preferably 400 to 700 nm, [0127]. 700nm light is in the infrared band. Accordingly, Sana’s sensor chip 130/103 senses light in the infrared band. Further, Sana does not explicitly disclose that the sensor chip 130 or the sensor chip (photoelectric conversion unit) 103, [0098], is a photodiode. However, Sana discloses The silicon semiconductor film 3 mainly has a function of absorbing light incident on the silicon semiconductor film 3 (incident light and further, reflected light by the plasmon resonance film electrode 4) to generate power by itself, or has the above-mentioned function and a function of receiving hot electrons emitted when the plasmon resonance film electrode 4 is sufficiently polarized by the surface plasmon resonance excited by the plasmon resonance film electrode 4, [0076]. Sana further discloses hot electrons are produced inside the silicon semiconductor film 3 by the light (incident light) having passed through the prism 1 and the electrode 2, and the light (reflected light) reflected by the plasmon resonance film electrode 4, [0125]. Sana further discloses generating hot electrons is generating electricity, [0017]. Further, Merriam-Webster’s dictionary definition for photodiode is “a photoelectric semiconductor device for detecting and often measuring radiant energy (such as light),” (See definition on pg. 1 of Merriam-Webster's dictionary definition for "photodiode." Accessed at <https://www.merriam-webster.com/dictionary/photodiode> on March 28, 2025). As Sana discloses 103 is a photoelectric conversion unit, [0098], since a Schottky barrier would be formed at the interface between semiconductor film 3 and the adhesive layer 6, and since the device 103, 130 generates electricity in response to absorbing light, then 103 or the combination 130, 103 is considered a photodiode under a broad reasonable interpretation. RE: Claim 14, Nam in view of Sana discloses The image sensor of claim 13, further comprising a filter array (In Nam, 20, 21, 23, 25, FIG. 1, [0050]) provided on the sensor array and including a plurality of filter elements (21, 23, 25) respectively facing the plurality of light-sensing elements (As modified above, each 31 would be substituted with sensor chip 130 from Sana and therefore 21, 23, and 25 would respectively face a plurality of 230). RE: Claim 15, Nam in view of Sana discloses The image sensor of claim 14, wherein the plurality of filter elements include a red filter (In Nam FIG. 1: 21, [0050]), a blue filter (23), and a green filter (25), and the processor is further configured to process the photoelectric signal to form a visible light image (Nam discloses The signal processor 100 creates a visible light image and an infrared image using an image signal obtained by the image sensor 10, [0068]). RE: Claim 16, Nam in view of Sana discloses The image sensor of claim 14, wherein at least one of the plurality of filter elements comprises an infrared band-pass filter (In Nam FIG. 1: 20, 21, 23, 25, FIG. 1, [0050]; Nam discloses Therefore, of the light that passes through the color filter 20 and is incident on the photoelectric conversion cell array 30, infrared light included therein may not be completely absorbed but rather only partially absorbed by the photoelectric conversion cells 31, [0059]; accordingly, color filter 20 is considered to be an infrared band-pass filter as infrared light passes through it), and the processor is further configured to process the photoelectric signal to form an infrared image (The signal processor 100 creates a visible light image and an infrared image using an image signal obtained by the image sensor 10, [0068]). Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over US20140209929A1 (“Suh”) in view of Sana. RE: Claim 17, Suh discloses An optical integrated circuit (optical sensor in FIG. 5, [0071]) comprising: a substrate (100, [0072]); a light source (200, [0071]) on the substrate; an optical waveguide (500, [0071]) configured to transmit light from the light source; and a photodiode (600, [0071]-[0072]) configured to convert the light transmitted through the optical waveguide into an electrical signal. Suh does not explicitly disclose: wherein the photodiode comprises: a semiconductor layer; a first conductive layer provided on the semiconductor layer; and a second conductive layer arranged between the semiconductor layer and the first conductive layer, the second conductive layer configured to have a second work function different from a first work function of the first conductive layer, and configured to form a Schottky junction structure with the semiconductor layer, wherein the first conductive layer is a transparent conductive oxide layer, wherein a lowermost surface of the transparent conductive oxide layer is a planar surface along entirety of a length direction of the transparent conductive oxide layer, wherein the entire lowermost surface of the transparent conductive oxide layer contacts an entire upper surface of the second conductive layer, wherein the second conductive layer comprises a metal, a metal oxide, a metal nitride, or a silicide, the second conductive layer being in contact with the semiconductor layer, and wherein the photodiode is configured to sense light in infrared band. However, Suh discloses that 600 is a light receiving element 600, [0071]. Suh further discloses a signal processor 810 configured to process electrical signals generated by the light receiving element 600, [0071]. Suh further discloses that The light receiving element 600 may be configured to receive the beam, having passed through the light waveguide 500, and to convert the received beam into electrical signals. In an embodiment, the light receiving element 600 may be, for example, a photodiode (PD), [0072]. Accordingly, the light receiving element 600 generates electricity in response to receiving light. In the same field of endeavor, Sana discloses: an intensifying sensor chip 130 having a photoelectric conversion unit 103, [0098]. Accordingly, the sensor chip 130 is used for photoelectric conversion. Sana further discloses in the sensor chip and the sensor, use of a silicon semiconductor film as the semiconductor film makes it possible to significantly increase the detected electric signal as compared with the conventional case, and to achieve high sensitivity in the sensor. In addition, while silicon semiconductors absorb light and generate electricity (generate hot electrons) when irradiated with light, the present inventors have found that the effect of increasing the electric signal surprisingly exceeds the theoretical value of the sensitivity increased by the power generation by the silicon semiconductor, [0017]. Sana further discloses The electrode 2 mainly has a function of picking up as an electric signal the hot electrons (electrons) produced by light absorption in the silicon semiconductor film 3, or the hot electrons produced by light absorption in the silicon semiconductor film 3 and the hot electrons emitted in association with the surface plasmon resonance produced in the plasmon resonance film electrode 4 and moved through the silicon semiconductor film 3 (preferably the hot electrons produced by light absorption in the silicon semiconductor film 3 and the hot electrons emitted in association with the surface plasmon resonance produced in the plasmon resonance film electrode 4 and moved through the silicon semiconductor film 3), [0071]. Accordingly, sensor chip 130 in FIG. 5 generates electricity in response to receiving light. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the light receiving element 600 in Suh with the sensor chip 130 in Sana as both generate electricity in response to receiving light, and the results of the substitution would have been predictable, see MPEP 2143. Sana discloses a photodiode (130, 103 in FIG. 5) comprising: a semiconductor layer (3 or alternatively, the upper surface of 3; 3 is a silicon semiconductor film, [0087]); a first conductive layer (plasmon resonance film electrode 4, [0088]; plasmon resonance film electrode 4 has a function of converting entering light (incident light) into surface plasmon resonance (especially surface plasmon polaritons) and is a film made of a plasmonic material, [0092]; the plasmonic material is indium tin oxide, [0093]) provided on the semiconductor layer; and a second conductive layer (adhesive layer 6 is titanium nitride, [0098]; Applicant described titanium nitride as conductive material at paragraph [0057] of the instant application; Accordingly, the adhesive layer 6 is considered conductive) arranged between the semiconductor layer and the first conductive layer, the second conductive layer configured to have a second work function different from a first work function of the first conductive layer (plasmon electrode 4 is indium tin oxide; adhesive layer 6 is titanium nitride; Accordingly, these are different materials and would have different work functions, see also [0118]-[0121]), and configured to form a Schottky junction structure with the semiconductor layer (The silicon semiconductor as the material of the silicon semiconductor film 3 may be an n-type semiconductor, [0087]; the silicon semiconductor is preferably an n-type semiconductor or non-doped silicon, and more preferably an n-type semiconductor, from the viewpoint that a Schottky barrier tends to be formed at the interface with the plasmon resonance film electrode 4 (or the interface with the adhesive layer 6 when the adhesive layer 6 is further provided, [0088]; Accordingly, the Schottky barrier would be formed at the interface between semiconductor film 3 and the adhesive layer 6), wherein the first conductive layer is a transparent conductive oxide layer (the plasmonic material is indium tin oxide, [0093]; Applicant described indium tin oxide a transparent conductive oxide at paragraph [0056] of the instant application; Accordingly, the plasmon resonance film electrode 4 is a transparent conductive oxide layer), wherein a lowermost surface of the transparent conductive oxide layer is a planar surface along entirety of a length direction of the transparent conductive oxide layer (FIG. 5 shows a lowermost surface of the transparent conductive oxide layer 4 is a planar surface along entirety of a length direction of the transparent conductive oxide layer 4), wherein the entire lowermost surface of the transparent conductive oxide layer contacts an entire upper surface of the second conductive layer (FIG. 5 shows the entire lowermost surface of the conductive oxide layer 4 contacts an entire upper surface of the adhesive layer 6), wherein the second conductive layer comprises a metal, a metal oxide, a metal nitride, or a silicide (adhesive layer 6 is titanium nitride, [0098], which is a metal nitride), the second conductive layer being in contact with the semiconductor layer (FIG. 5 shows the second conductive layer 6 is in contact with semiconductor layer 3). Sana does not explicitly disclose: wherein the photodiode is configured to sense light in infrared band. Sana teaches in order to produce hot electrons by light absorption in the silicon semiconductor film 3, the light incident on the prism 1 is preferably of a wavelength that can be absorbed by the silicon semiconductor film 3, and the wavelength is preferably 400 to 700 nm, [0127]. 700nm light is in the infrared band. Accordingly, Sana’s sensor chip 130/103 senses light in the infrared band. Further, Sana does not explicitly disclose that the sensor chip 130 or the sensor chip (photoelectric conversion unit) 103, [0098], is a photodiode. However, Sana discloses The silicon semiconductor film 3 mainly has a function of absorbing light incident on the silicon semiconductor film 3 (incident light and further, reflected light by the plasmon resonance film electrode 4) to generate power by itself, or has the above-mentioned function and a function of receiving hot electrons emitted when the plasmon resonance film electrode 4 is sufficiently polarized by the surface plasmon resonance excited by the plasmon resonance film electrode 4, [0076]. Sana further discloses hot electrons are produced inside the silicon semiconductor film 3 by the light (incident light) having passed through the prism 1 and the electrode 2, and the light (reflected light) reflected by the plasmon resonance film electrode 4, [0125]. Sana further discloses generating hot electrons is generating electricity, [0017]. Further, Merriam-Webster’s dictionary definition for photodiode is “a photoelectric semiconductor device for detecting and often measuring radiant energy (such as light),” (See definition on pg. 1 of Merriam-Webster's dictionary definition for "photodiode." Accessed at <https://www.merriam-webster.com/dictionary/photodiode> on March 28, 2025). As Sana discloses 103 is a photoelectric conversion unit, [0098], since a Schottky barrier would be formed at the interface between semiconductor film 3 and the adhesive layer 6, and since the device 103, 130 generates electricity in response to absorbing light, then 103 or the combination 130, 103 is considered a photodiode under a broad reasonable interpretation. Claim(s) 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Suh in view of Sana as applied to claim 17 above, and further in view of Okamoto. RE: Claim 18, Suh in view of Sana does not explicitly disclose The optical integrated circuit of claim 17, wherein the first conductive layer further comprises a metallic layer having a thickness less than 10nm. In the same field of endeavor, Okamoto discloses photoelectric converter 200A includes the Schottky device 100A including a transparent conductive film 16, [0091]. Okamoto discloses 16 is tin-doped indium oxide (ITO), [0093], see FIG. 3A. FIG. 3A shows the indium tin oxide layer 16 containing a layer of nanoparticles 11. Okamoto discloses Using the nanoparticles 11 of an elemental metal enables plasmon absorption at a higher efficiency than using nanoparticles of an alloy. Therefore, an optical device enabling photoelectric conversion at high efficiency can be achieved at relatively low cost, [0047]. Okamoto further discloses The size of the nanoparticles 11 may be, for example, greater than or equal to 1 nm and less than or equal to 200 nm, [0051]. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the plasmon resonance film electrode 4 in Sana’a chip 130 to contain a layer of nanoparticles 11 of size 1nm as taught by Okamoto in order to enable photoelectric conversion at high efficiency as further taught by Okamoto. Further, Sana discloses the thickness of the plasmon resonance film electrode 4 is preferably 200 nm, [0094]. As a result, as the nanoparticles of size 1nm are included in the plasmon resonance film electrode 4 made of indium tin oxide with a thickness of 200nm, under a broad reasonable interpretation, the combination of the indium tin oxide in the plasmon resonance film electrode 4 and Okamoto’s nanoparticles would still be considered a transparent conductive oxide layer as a transparent conductive oxide layer would not necessarily consist purely of transparent conductive oxide. RE: Claim 19, Suh in view of Sana, Okamoto discloses The optical integrated circuit of claim 18, wherein the substrate comprises a silicon substrate (In Suh, The substrate 100 includes silicon, [0049]), and a semiconductor layer (In Sana: 3, [0055]) of the photodiode includes a silicon-based semiconductor material (Sana teaches 3 is a silicon semiconductor film, [0053]). RE: Claim 20, Suh in view of Sana, Okamoto discloses The optical integrated circuit of claim 18, wherein the light source is configured to output light in a wavelength range of about 800 nm to about 1,700 nm (Sana discloses the light allowed to enter the prism 1 (light entering the prism 1) is, for example, light in the wavelength region of visible light or light in the wavelength region of near infrared light, and has a wavelength of preferably 400 to 1500 nm, a wavelength of more preferably 500 to 1000 nm, and a wavelength of further preferably 600 to 900 nm. In addition, in order to produce hot electrons by light absorption in the silicon semiconductor film 3, the light incident on the prism 1 is preferably of a wavelength that can be absorbed by the silicon semiconductor film 3, and the wavelength is preferably 400 to 700 nm, [0127]; It would have been obvious to one of ordinary skill in the art to modify the light source 200 in Suh to emit light in the wavelength range of 400 to 1500 nm as taught by Sana in order to produce hot electrons). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL ANGUIANO whose telephone number is (703)756-1226. The examiner can normally be reached Monday through Friday. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brent Fairbanks can be reached at (408) 918-7532. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /MICHAEL ANGUIANO/Examiner, Art Unit 2899 /Brent A. Fairbanks/Supervisory Patent Examiner, Art Unit 2899
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Prosecution Timeline

Aug 26, 2022
Application Filed
Apr 03, 2025
Non-Final Rejection mailed — §103
Jul 03, 2025
Response Filed
Sep 10, 2025
Final Rejection mailed — §103
Nov 10, 2025
Response after Non-Final Action
Dec 10, 2025
Request for Continued Examination
Dec 22, 2025
Response after Non-Final Action
Jun 11, 2026
Non-Final Rejection mailed — §103 (current)

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