Prosecution Insights
Last updated: April 19, 2026
Application No. 18/015,220

IMAGING ELEMENT AND IMAGING DEVICE

Non-Final OA §102§103
Filed
Jan 09, 2023
Examiner
REISNER, NOAM S
Art Unit
2852
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Sony Semiconductor Solutions Corporation
OA Round
1 (Non-Final)
74%
Grant Probability
Favorable
1-2
OA Rounds
2y 5m
To Grant
65%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allow Rate
569 granted / 766 resolved
+6.3% vs TC avg
Minimal -9% lift
Without
With
+-9.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
40 currently pending
Career history
806
Total Applications
across all art units

Statute-Specific Performance

§101
1.5%
-38.5% vs TC avg
§103
52.9%
+12.9% vs TC avg
§102
26.2%
-13.8% vs TC avg
§112
13.6%
-26.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 766 resolved cases

Office Action

§102 §103
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 . Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Drawings The drawings are objected to because several of the drawings are clipped. Figs. 12, 14, 16, and 17 have portions which are cut-off and therefore incomplete. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. Claim Rejections - 35 USC § 102 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-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 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. Claim(s) 1-6 and 8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ishii et al. (Pub. No. US 2016/0198109 A1; hereafter Ishii). Regarding claim 1, Ishii discloses an imaging element comprising: a first photoelectric conversion unit and a second photoelectric conversion unit that perform photoelectric conversion of incident light from an object (see Ishii Fig. 5, items 501A and 501B); a first electric charge holding unit and a second electric charge holding unit that hold electric charges generated by the photoelectric conversion (see Ishii Fig. 5, items 504-1 and 504-2); a first electric charge transfer unit that transfers the electric charges generated by the first photoelectric conversion unit to the first electric charge holding unit (see Ishii Fig. 5, item 502A-1); a second electric charge transfer unit that transfers the electric charges generated by the first photoelectric conversion unit to the second electric charge holding unit (see Ishii Fig. 5, item 502A-2); a third electric charge transfer unit that transfers the electric charges generated by the second photoelectric conversion unit to the first electric charge holding unit (see Ishii Fig. 5, item 502B-1); a fourth electric charge transfer unit that transfers the electric charges generated by the second photoelectric conversion unit to the second electric charge holding unit (see Ishii Fig. 5, item 502B-2); and a signal generation unit that generates an image signal based on the electric charges held in the first electric charge holding unit and an image signal based on the electric charges held in the second electric charge holding unit (see Ishii Fig. 5, items 503, 505, and 506, which correspond to signal generation units 120/121 of Applicant’s specification). Regarding claim 2, Ishii discloses the imaging element according to claim 1, further comprising an electric charge transfer control unit that controls the transfer of the electric charges in the first electric charge transfer unit, the second electric charge transfer unit, the third electric charge transfer unit, and the fourth electric charge transfer unit (see Ishii Fig. 4, item 402). Regarding claim 3, Ishii discloses the imaging element according to claim 2, wherein the electric charge transfer control unit performs individual transfer control in which the electric charges respectively generated by the first photoelectric conversion unit and the second photoelectric conversion unit at a same time are individually transferred to and exclusively held by the first electric charge holding unit and the second electric charge holding unit (see Ishii Fig. 6A, which shows first photodiode PD_A having its charge individually transferred to charge holding unit FD_1, while second photodiode PD_B has its charge held in FD_2), and common transfer control in which the electric charges respectively generated by the first photoelectric conversion unit and the second photoelectric conversion unit at a same time are commonly transferred to and collectively held by any of the first electric charge holding unit or the second electric charge holding unit at a same time (see Ishii Fig. 6B, which shows both charges of PD_A and PD_B being sent to be held at FD_1). Regarding claim 4, Ishii discloses the imaging element according to claim 3, wherein the electric charge transfer control unit performs the individual transfer control to cause the signal generation unit to generate the image signals for detecting a phase difference of the incident light (see Ishii paragraph [0040] “The first drive mode is driving that reads out signals corresponding to charges of the divided pixels (PDs 501A and 501B) respectively via separate column output lines, and is mainly used in a case of performing image capturing plane phase difference AF.”). Regarding claim 5, Ishii discloses the imaging element according to claim 3, wherein the electric charge transfer control unit alternately distributes the electric charges simultaneously generated in the first photoelectric conversion unit and the second photoelectric conversion unit to the first electric charge holding unit and the second electric charge holding unit (see Ishii Fig. 6A, PD_A is distributed to FD_1, and PD_B is alternately distributed to FD_2), and performs the common transfer control to cause the signal generation unit to generate the image signals based on the distributed electric charges (see Ishii Fig. 6A, the signal from FD_1 is output to line 507-1, and the signal from FD_2 is output to line 507-2). Regarding claim 6, Ishii discloses the imaging element according to claim 3, wherein the electric charge transfer control unit performs control of making any of the first electric charge transfer unit and the fourth electric charge transfer unit or the second electric charge transfer unit and the third electric charge transfer unit conductive at the same time in the individual transfer control (see Ishii Fig. 7, which shows that the first (502A-1) and fourth (502B-2) charge transfer units are conductive at the same time). Regarding claim 8, Ishii discloses the imaging element according to claim 3, wherein the electric charge transfer control unit performs control of making any of the first electric charge transfer unit and the third electric charge transfer unit or the second electric charge transfer unit and the fourth electric charge transfer unit conductive at the same time in the common transfer control (see Ishii paragraph [0052] “when using the column output line 507-1 for output, the transfer switches 502A-1 and 502B-1, the reset switch 503-1, and the selection switch 506-1 are driven.”). 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. Claim(s) 7, and 9-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ishii in view of Oshima (Pub. No. JP2016-52055A; hereafter Oshima). Regarding claims 7 and 9-11, Ishii discloses the imaging element according to claim 3, and further discloses [claim 10] wherein the ranging unit performs, as the ranging processing, processing of detecting a phase difference of the incident light on a basis of the image signals generated on a basis of the respective electric charges transferred by the individual transfer control and held in the first electric charge holding unit and the second electric charge holding unit (see Ishii paragraph [0040] “The first drive mode is driving that reads out signals corresponding to charges of the divided pixels (PDs 501A and 501B) respectively via separate column output lines, and is mainly used in a case of performing image capturing plane phase difference AF.”), Ishii does not disclose that the electric charge transfer control unit performs control of making any of the first electric charge transfer unit and the third electric charge transfer unit or the second electric charge transfer unit and the fourth electric charge transfer unit conductive in different periods in the individual transfer control; [claim 9] further comprising a ranging unit that performs ranging processing of measuring a distance to the object on a basis of the generated image signals; [claim 10] wherein the ranging unit performs, as the ranging processing, measuring the distance to the object on a basis of the detected phase difference; [claim 11] wherein the ranging unit performs, as the ranging processing, processing in which the respective electric charges generated by the first photoelectric conversion unit and the second photoelectric conversion unit on a basis of reflected light emitted as pulse train-shaped light in a predetermined cycle from the light source and reflected by the object are transferred by the common transfer control and held in the first electric charge holding unit and the second electric charge holding unit and the distance to the object is measured on a basis of the image signals generated on a basis of the held respective electric charges; [claim 12] further comprising a first electric charge discharging unit and a second electric charge discharging unit that respectively discharge the electric charges of the first photoelectric conversion unit and the second photoelectric conversion unit. Oshima discloses the electric charge transfer control unit performs control of making any of the first electric charge transfer unit and the third electric charge transfer unit or the second electric charge transfer unit and the fourth electric charge transfer unit conductive in different periods in the individual transfer control (see Oshima Fig. 8, PtxC1 and PtxC2); [claim 9] further comprising a ranging unit that performs ranging processing of measuring a distance to the object on a basis of the generated image signals (see Oshima translation of paragraph [0044] “based on the phase difference, The distance to the subject is calculated using the divided phase difference method.”); [claim 10] wherein the ranging unit performs, as the ranging processing, measuring the distance to the object on a basis of the detected phase difference (see Oshima translation of paragraph [0044] “based on the phase difference, The distance to the subject is calculated using the divided phase difference method.”); [claim 11] wherein the ranging unit performs, as the ranging processing, processing in which the respective electric charges generated by the first photoelectric conversion unit and the second photoelectric conversion unit on a basis of reflected light emitted as pulse train-shaped light in a predetermined cycle from the light source and reflected by the object are transferred by the common transfer control and held in the first electric charge holding unit and the second electric charge holding unit and the distance to the object is measured on a basis of the image signals generated on a basis of the held respective electric charges (see Oshima Figs. 8 and 10 and paragraphs [0045]-[0062] which describe the time of flight method of distance measurement); [claim 12] further comprising a first electric charge discharging unit and a second electric charge discharging unit that respectively discharge the electric charges of the first photoelectric conversion unit and the second photoelectric conversion unit (see Oshima Fig. 12, items 116-118). It would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify the device of Ishii with additional signal control modes like that of Oshima in order to enable the device of Ishii to calculate the distance to the object, and therefore the appropriate focal distance of the lens, using both phase-difference and time-of-flight distance detection, and to provide overflow discharge drains in order to prevent unintentional charges from affecting the readings as taught by Oshima. Regarding claim 13, Ishii discloses an imaging device comprising: a first photoelectric conversion unit and a second photoelectric conversion unit that perform photoelectric conversion of incident light from an object (see Ishii Fig. 5, items 501A and 501B); a first electric charge holding unit and a second electric charge holding unit that hold electric charges generated by the photoelectric conversion (see Ishii Fig. 5, items 504-1 and 504-2); a first electric charge transfer unit that transfers the electric charges generated by the first photoelectric conversion unit to the first electric charge holding unit (see Ishii Fig. 5, item 502A-1); a second electric charge transfer unit that transfers the electric charges generated by the first photoelectric conversion unit to the second electric charge holding unit (see Ishii Fig. 5, item 502A-2); a third electric charge transfer unit that transfers the electric charges generated by the second photoelectric conversion unit to the first electric charge holding unit (see Ishii Fig. 5, item 502B-1); a fourth electric charge transfer unit that transfers the electric charges generated by the second photoelectric conversion unit to the second electric charge holding unit (see Ishii Fig. 5, item 502B-2); and a signal generation unit that generates an image signal based on the electric charges held in the first electric charge holding unit and an image signal based on the electric charges held in the second electric charge holding unit (see Ishii Fig. 5, items 503, 505, and 506, which correspond to signal generation units 120/121 of Applicant’s specification). Ishii does not disclose a light source that emits light to an object; wherein the photoelectric conversion units that perform photoelectric conversion of emitted incident light reflected by the object. Oshima discloses an imaging device comprising: a light source that emits light to an object; wherein the photoelectric conversion units that perform photoelectric conversion of emitted incident light reflected by the object (see Oshima Fig. 1, items 1 and 11). It would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify the device of Ishii with a light source that emits light like Oshima in order to enable the device of Ishii to calculate the distance to the object, and therefore the appropriate focal distance of the lens, using both phase-difference and time-of-flight distance detection, as taught by Oshima. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to NOAM S REISNER whose telephone number is (571)270-7542. The examiner can normally be reached Monday-Friday 9:00AM-5:30PM. 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, STEPHANIE BLOSS can be reached at 571-272-3555. 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. /NOAM REISNER/ Primary Examiner, Art Unit 2852 2/25/2026
Read full office action

Prosecution Timeline

Jan 09, 2023
Application Filed
Feb 25, 2026
Non-Final Rejection — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
74%
Grant Probability
65%
With Interview (-9.0%)
2y 5m
Median Time to Grant
Low
PTA Risk
Based on 766 resolved cases by this examiner. Grant probability derived from career allow rate.

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