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 .
Status of the Claims
Preliminary amendment filed 23 September 2022 is acknowledged. Claims 1-17 have been amended. Claims 1-17 are pending.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
Information disclosure statements filed 23 September 2022, 27 September 2022, 3 March 2025, and 20 May 2025 have been fully considered.
Drawings & Specification
The preliminary amendments to the abstract, drawings, and specification were received on 23 September 2022. These preliminary amendments to the abstract, drawings, and specification are acceptable.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-6, 8-10, 16, and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yanagita et al. (US Patent Application Publication 2016/0211288, hereinafter Yanagita ‘288).
With respect to claim 1, Yanagita ‘288 teaches (FIG. 21) an imaging element as claimed, comprising:
a plurality of pixels (2) including photoelectric conversion units (40) that are formed on a semiconductor substrate (12) and perform photoelectric conversion of incident light ([0058-0061, 0174]);
separation portions (72) that are disposed at boundaries of the plurality of pixels (2) and separate the photoelectric conversion units (40) from each other ([0058-0061, 0174]);
light blocking films (25) that are disposed near the boundaries of the plurality of pixels (2) and block the incident light ([0058-0061, 0174]); and
separation portion protection films (71) that are disposed adjacent to the separation portions (72) and protect the separation portions ([0058-0061, 0174]).
With respect to claim 2, Yanagita ‘288 teaches wherein the separation portions (72) are disposed in opening portions (39) formed in the semiconductor substrate (12) ([0067]).
With respect to claim 3, Yanagita ‘288 teaches wherein the separation portions (72) include an insulating material (67) disposed in the opening portions (39) ([0165]).
With respect to claim 4, Yanagita ‘288 teaches wherein voids (58) are disposed in the separation portion protection films (71) ([0154]).
With respect to claim 5, Yanagita ‘288 teaches further comprising color filters (27) that are disposed in the plurality of pixels (2) and transmit incident light having predetermined wavelengths among the incident lights ([0058]).
With respect to claim 6, Yanagita ‘288 teaches further comprising on-chip lenses (28) that are disposed in the plurality of pixels (2) and condense the incident light on the photoelectric conversion units ([0058]).
With respect to claim 8, Yanagita ‘288 teaches wherein the separation portion protection films (71) are disposed adjacent to the light blocking films (25) ([0058-0061, 0174]).
With respect to claim 9, Yanagita ‘288 teaches wherein the light blocking films (25) are disposed to overlap the separation portion protection films (71) ([0058-0061, 0174]).
With respect to claim 10, Yanagita ‘288 teaches (FIGs. 1 and 3) wherein the pixels (2) are formed in rectangular shapes in a plan view ([0049, 0057]).
With respect to claim 16, Yanagita ‘288 teaches wherein the separation portion protection films (71) are made of a metal ([0175]).
With respect to claim 17, Yanagita ‘288 teaches (FIGs. 21 and 22) an imaging device as claimed, comprising:
a plurality of pixels (2) including photoelectric conversion units (40) that are formed on a semiconductor substrate (12) and perform photoelectric conversion of incident light ([0058-0061, 0174]);
separation portions (72) that are disposed at boundaries of the plurality of pixels (2) and separate the photoelectric conversion units (40) from each other ([0058-0061, 0174]);
light blocking films (25) that are disposed near the boundaries of the plurality of pixels (2) and block the incident light ([0058-0061, 0174]); and
separation portion protection films (71) that are disposed adjacent to the separation portions (72) and protect the separation portions ([0058-0061, 0174]); and
a processing circuit (204) that processes image signals generated on the basis of the photoelectric conversion ([0190]).
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 7, 11, and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Yanagita ‘288 as applied to claims 1 and 10 above, and further in view of Okawa (Japanese Kokai Publication 2017-011207, hereinafter Okawa ‘207) of record.
With respect to claims 7, 11, and 12, Yanagita ‘288 teaches the device as described in claims 1 and 10 above with the exception of the additional limitations wherein the light blocking films are disposed at shifted positions in accordance with angles of incidence of the incident light; wherein the separation portion protection films are disposed near sides of the rectangular shapes; and wherein the separation portion protection films are disposed near corners of the rectangular shapes.
However, Okawa ‘207 teaches (FIGs. 1-8) an imaging element comprising light blocking films (22a) disposed at shifted positions in accordance with angles of incidence of incident light, wherein separation portion protection films (21a) are disposed near sides and corners of rectangular shapes of pixels (P1-P3) ([0013, 0022]) to prevent color mixing ([0001]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have formed the imaging element of Yanagita ‘288 wherein the light blocking films are disposed at shifted positions in accordance with angles of incidence of the incident light; wherein the separation portion protection films are disposed near sides of the rectangular shapes; and wherein the separation portion protection films are disposed near corners of the rectangular shapes as taught by Okawa ‘207 to prevent color mixing.
Claims 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Yanagita ‘288 as applied to claim 1 above.
With respect to claims 13-15, Yanagita ‘288 teaches the device as described in claim 1 above, but does not explicitly teach the additional limitations wherein the separation portion protection films are made of an insulating material; wherein the separation portion protection films are made of a silicon compound; and wherein the separation portion protection films are made of a resin.
However, Yanagita ‘288 teaches wherein separation portion protection films (68) are made of one of an insulating material, a silicon compound, and a resin as art-recognized materials suitable for the intended use as a separation portion protection film ([0165]). The selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination. Sinclair & Carroll Co. v Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945) and In re Leshin, 277 F.2d 197, 125 USPQ 416 (CCPA 1960). See MPEP 2144.07.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have formed the separation portion protection films of Yanagita ‘288 made an insulating material, a silicon compound, or a resin as taught by Yanagita ‘288 because these are art-recognized materials suitable for the intended use as a separation portion protection film.
Conclusion
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/C.M.R./Examiner, Art Unit 2893
/YARA B GREEN/Supervisor Patent Examiner, Art Unit 2893