DETAILED ACTION
This office action is in response to amendment filed 9/8/2025.
Claims 1-11 and 16-22 are pending. Claims 12-15 have been canceled. Claims 16-22 are new. Claims 1 and 8 have been amended.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 20 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Claim 20 reciting “a third dielectric” renders the claim indefinite. No “second dielectric” has been previously claimed in claim 1 and 20. It is unclear if the recitation to “a third dielectric” implies a requisite “second dielectric”.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-5, 7-11, 16, and 19-22 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Jung et al. US 2022/0068981 A1 (Jung).
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In re claim 1, Jung discloses (e.g. FIG. 16) a photoelectric conversion apparatus comprising a first substrate 110 in which a plurality of photoelectric conversion elements PD are arranged, and a second substrate 210 stacked on the first substrate 110, in which a plurality of transistors TR2 configured to operate the plurality of photoelectric conversion elements PD are arranged (¶ 148), wherein
the first substrate 110 comprises a first surface 110b located on a side of the second substrate 210, and a second surface 110a located on an opposite side of the first substrate 210,
a dielectric 126 embedded in a trench 120t1,120t2 extending through the first substrate 110 is further arranged in the first substrate 110,
the dielectric 126 comprises a third surface (bottom surface of 126) located on the side of the second substrate 210, and a fourth surface (upper surface of 126) located on an opposite side of the third surface (bottom surface of 126),
the fourth surface (upper surface of 126) is located between a virtual plane including the second surface 110a and a virtual plane including the first surface 110b, and
the dielectric 126 fills up the trench at a height (height at upper surface of 126) where the dielectric 126 is embedded (i.e. the dielectric 126 filling up to a height corresponding to its upper surface in the trench surrounded by spacer 122).
Alternatively, the dielectric further includes 105, 122 and 126 which together fills up the trench at a height (height at upper surface of 126) where the dielectric 105+122+126 is embedded.
In re claim 2, Jung discloses (FIG. 16) wherein the dielectric 105+122+126 includes silicon nitride (¶ 62).
In re claim 3, Jung discloses (e.g. FIG. 16) wherein the dielectric 126 functions as an element separation region between the plurality of photoelectric conversion elements PD.
In re claim 4, Jung discloses (e.g. FIG. 16) wherein the dielectric 126 serves as a first dielectric, and a second dielectric 122 in contact with the fourth surface (upper surface of 126 contacts 122 at the edge) is arranged in the trench.
In re claim 5, Jung discloses (e.g. FIG. 16) wherein the second dielectric 122 is in contact with an inner wall of the trench.
In re claim 7, Jung discloses (e.g. FIG. 16) wherein the second dielectric 122 includes a metal oxide (aluminum oxide, tantalum oxide, ¶ 77).
In re claim 8, Jung discloses (e.g. FIG. 16) wherein the metal oxide 122 includes at least one selected from the group consisting of hafnium oxide, aluminum oxide, zirconium oxide, titanium oxide, tantalum oxide, and ruthenium oxide (¶ 77).
In re claim 9, Jung discloses (e.g. FIG. 16) wherein the first surface 110b and the third surface (bottom of 126) are arranged on the same plane.
In re claim 10, Jung discloses (e.g. FIG. 16) wherein at least a part of the plurality of transistors TR2 form a digital signal processing circuit configured to perform digital processing on signals output from the plurality of photoelectric conversion elements PD (¶ 148).
In re claim 11, Jung discloses an equipment (FIGs. 1 & 14) comprising:
the photoelectric conversion apparatus according to claim 1; and
a processing apparatus 20-80 configured to process a signal output from the photoelectric conversion apparatus (¶ 31-37,148).
In re claim 16, Jung discloses (e.g. FIG. 16) further comprising a peripheral region OB,CR,PR for connection 555 to an outside of the photoelectric conversion apparatus, wherein the trench (of separation structure 120 closest to region OB) is arranged between the peripheral region OB,CR,PR and the plurality of photoelectric conversion elements PD (of pixels PX in inner region of APS).
In re claim 19, Jung discloses (e.g. FIG. 16) wherein the photoelectric conversion apparatus comprises a first semiconductor component 100 and a second semiconductor component 200,
the first semiconductor component 100 comprises the first substrate 110, a first conductive portion 190, and a first insulating film 130,
the second semiconductor component 200 comprises the second substrate 210, a second conductive portion 290, and a second insulating film 230,
the first semiconductor component 100 and the second semiconductor component 200 are bonded at a joint surface (¶ 176),
the first conductive portion 190 and the second conductive portion 290 are directly bonded at the joint surface (¶ 177-178), and the first insulating film 130 and the second insulating film 230 are directly bonded at the joint surface (¶ 177), and
the trench 120t1+120t2 overlaps the first conductive portion 190 and the second conductive portion 290.
In re claim 20, as best understood, Jung discloses (e.g. FIG. 16) wherein the dielectric and the trench serves as a first dielectric and a first trench,
“a third dielectric” 126 in a second trench (another trench in the center of the region APS) extending through the first substrate 110 is further arranged in the first substrate 110,
the third dielectric 126 comprises a fifth surface (bottom surface of 126) located on the side of the second substrate 210, and a sixth surface (upper surface of 126) located on an opposite side of the fifth surface (bottom surface of 126),
the sixth surface (upper surface of 126) is located between the virtual plane including the second surface 110a and the virtual plane including the first surface 110b, and
the second trench (of the separation structure 120 in the center of the region APS) is arranged between the plurality of photoelectric conversion elements PD.
In re claim 21, Jung discloses (e.g. FIG. 16) the fourth surface (an upper surface of 126) is flat.
In re claim 22, Jung discloses (e.g. FIG. 6 & 7) wherein the dielectric 105+122+126 (silicon oxide, aluminum oxide, tantalum oxide, ¶ 77; silicon oxide, silicon nitride, silicon oxynitride, aluminum oxide, tantalum oxide, ¶ 62) has a hardness higher than the first substrate 110 (silicon, ¶ 49). It is known to one having ordinary skill in the art that a high-k dielectric, such as aluminum oxide, has a higher hardness than silicon.
Claims 1, 3-10, 16 and 20-22 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Chang et al. US 2022/0238583 A1 (Chang).
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In re claim 1, Chang discloses (e.g. FIGs. 2 & 6-7) a photoelectric conversion apparatus comprising a first substrate 106 in which a plurality of photoelectric conversion elements PD are arranged, and a second substrate 6 stacked on the first substrate 106, in which a plurality of transistors 12 (¶ 37) configured to operate the plurality of photoelectric conversion elements PD are arranged, wherein
the first substrate 106 comprises a first surface 106s1 located on a side of the second substrate 6, and a second surface 106s2 located on an opposite side of the first substrate 6,
a dielectric 114a embedded in a trench 135 extending through the first substrate 106 is further arranged in the first substrate 106,
the dielectric 114a comprises a third surface (bottom surface of 114a) located on the side of the second substrate 6, and a fourth surface (upper surface of 114a) located on an opposite side of the third surface (bottom surface of 114a),
the fourth surface (upper surface of 114a) is located between a virtual plane including the second surface 106s2 and a virtual plane including the first surface 106s1, and
the dielectric 114a fills up the trench at a height (height at upper surface of 114a) where the dielectric 114a is embedded (i.e. the dielectric 114a filling up to a height corresponding to its upper surface in the trench).
The trench is filled up with the dielectric 114a to a height corresponding to the upper surface of the dielectric 114a, where the height is defined by the upper surface of the dielectric 114a. The term “fills up” does not exclude other material underlying the dielectric 114a in the trench. Chang teaches up to a height where the dielectric 114a is embedded (i.e. upper surface of the dielectric 114a), the trench include the material layer 114b and the dielectric 114a, where the dielectric 114a fills the trench up to the height. In other words, “the dielectric fills up the trench at a height where the dielectric is embedded” does not require the entire height to be filled with only the dielectric. Rather, the claim limitation is met when the trench comprises the dielectric which fills up to the line of the height where the dielectric is embedded. The complete filling may include material in addition to the dielectric.
Alternatively, Chang further discloses, in another embodiment, e.g. FIG. 7, wherein a dielectric 114a’’+114c (¶ 108) is embedded in the trench, and the dielectric 114a'’+114c fills up the trench at a height (height at the upper surface of 114c) where the dielectric 114a’’+114c is embedded. In this embodiment, the dielectric 114a’’+114c solely and completely fills a lower portion of the trench.
In re claim 3, Chang discloses (e.g. FIG. 2A) wherein the dielectric 114a functions as an element separation region between the plurality of photoelectric conversion elements PD.
In re claim 4, Chang discloses (e.g. FIGs. 2B & 6A) wherein the dielectric 114a serves as a first dielectric 114a, and a second dielectric 138,138e in contact with the fourth surface (upper surface of 114a) is arranged in the trench 135.
In re claim 5, Chang discloses (e.g. FIGs. 2B & 6A) wherein the second dielectric 138,138e is in contact with an inner wall of the trench 135.
In re claim 6, Chang discloses (e.g. FIG. 6A) wherein the second dielectric 138e (including layers 145a,145b) is arranged so as to cover the second surface 106s2.
In re claim 7, Chang discloses (e.g. FIG. 6A) wherein the second dielectric 138e includes a metal oxide (aluminum oxide 145a, hafnium oxide 145b, ¶ 66).
In re claim 8, Chang discloses (e.g. FIG. 6A) wherein the metal oxide 145a,145b includes at least one selected from the group consisting of hafnium oxide, aluminum oxide, zirconium oxide, titanium oxide, tantalum oxide, and ruthenium oxide (¶ 66).
In re claim 9, Chang discloses (e.g. FIGs. 2B & 6A) wherein the first surface 106s1 and the third surface (bottom of 114a,114c) are arranged on the same plane.
In re claim 10, Chang discloses (e.g. FIGs. 1 & 2A) wherein at least a part of the plurality of transistors 12 form a digital signal processing circuit configured to perform digital processing on signals output from the plurality of photoelectric conversion elements PD. No specific “digital signal processing circuit” has been claimed that would distinguish over the transistors 12 in Chang’s logic chip 3 (¶ 27) that is capable of performing digital processing of signals output from the photoelectric conversion elements PD.
While features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. In re Schreiber, 128 F.3d 1473, 1477-78, 44 USPQ2d 1429, 1431-32 (Fed. Cir. 1997); see also In re Swinehart, 439 F.2d 210, 212-13, 169 USPQ 226, 228-29 (CCPA 1971); In re Danly, 263 F.2d 844, 847, 120 USPQ 528, 531 (CCPA 1959). “[A]pparatus claims cover what a device is, not what a device does.” Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990). A claim containing a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus” if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987)
In re claim 16, Chang discloses (e.g. FIG. 1) further comprising a peripheral region EA (including connection region CB, ¶ 30) for connection to an outside of the photoelectric conversion apparatus, wherein the trench 135 (of separation structure 141 along outer edges of CA) is arranged between the peripheral region EA and the plurality of photoelectric conversion elements PD (of pixels PX in inner region of CA).
In re claim 20, as best understood, Chang discloses (e.g. FIGs. 1-2 & 6-7) wherein the dielectric and the trench serves as a first dielectric and a first trench,
“a third dielectric” (114a in FIG. 6A or 114a’’+114c in FIG. 7) in a second trench (another trench of another row/column of the separation structure 141 in the center of the region CA) extending through the first substrate 106 is further arranged in the first substrate 106,
the third dielectric 114a,114a’’+114c comprises a fifth surface (bottom surface of 114a,114c) located on the side of the second substrate 6, and a sixth surface (upper surface of 114a,114c) located on an opposite side of the fifth surface (bottom surface of 114a,114c),
the sixth surface (upper surface of 114a,114c) is located between the virtual plane including the second surface 106s2 and the virtual plane including the first surface 106s1, and
the second trench (of the separation structure 141 in the center of the region CA) is arranged between the plurality of photoelectric conversion elements PD.
In re claim 21, Chang discloses (e.g. FIG. 2C) the fourth surface (an upper surface of 114a at P1a) is flat. Alternatively, Chang discloses (e.g. FIG. 7) the fourth surface (upper surface of 114c) is flat.
In re claim 22, Chang discloses (e.g. FIG. 6 & 7) wherein the dielectric 114a,114a’’+114c (silicon oxide or high-k dielectric material, ¶ 61,108; high-k dielectric includes aluminum oxide, hafnium oxide, silicon nitride ¶ 66) has a hardness higher than the first substrate 106 (silicon, ¶ 38). It is known to one having ordinary skill in the art that a high-k dielectric, such as aluminum oxide, has a higher hardness than silicon.
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.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Chang as applied to claim 1 above, and further in view of Song et al. US 2022/0085085 A1 (Song).
In re claim 2, Chang discloses the claimed invention including pixel isolation structure having the dielectric 114a formed of an insulating material such as silicon oxide (¶ 61). Chang does not explicitly disclose the dielectric includes silicon nitride. Song discloses an image sensor (FIG. 3) comprising a pixel isolation structure 150 having a dielectric 151 (FIG. 5) including silicon-based insulating material, e.g. silicon nitride (¶ 38).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to form Chang’s dielectric 114a with silicon nitride as taught by Song as it is a well-known silicon-based insulating material having known insulation characteristics.
It has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 227 F.2d 197, 125 USPQ 416 (CCPA 1960).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Chang as applied to claim 1 above, and further in view of Jung et al. US 2022/0068981 A1 (Jung).
In re claim 11, Chang discloses (e.g. FIG. 1) an equipment 1 comprising: the photoelectric conversion apparatus according to claim 1. Chang does not explicitly disclose a processing apparatus configured to process a signal output from the photoelectric conversion apparatus.
However, Jung teaches an image sensor (FIGs. 1 & 14) wherein the sensor array 10 is embodied with various processing apparatus 20-80 for processing a signal output from the photoelectric conversion apparatus (¶ 31-37,148).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide a processing apparatus for processing the signal output from Chang’s photoelectric conversion apparatus as taught by Jung.
Furthermore, while features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. In re Schreiber, 128 F.3d 1473, 1477-78, 44 USPQ2d 1429, 1431-32 (Fed. Cir. 1997); see also In re Swinehart, 439 F.2d 210, 212-13, 169 USPQ 226, 228-29 (CCPA 1971); In re Danly, 263 F.2d 844, 847, 120 USPQ 528, 531 (CCPA 1959). “[A]pparatus claims cover what a device is, not what a device does.” Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990). A claim containing a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus” if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987)
Claims 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Jung or Chang as applied to claim 16 above, and further in view of Huang et al. US 2020/0126920 A1.
In re claim 17, Jung discloses an image sensor (FIG. 16) comprising a peripheral region PR for connection to an outside of the photoelectric conversion apparatus. Jung further disclose external connection terminal 555 is arranged in the peripheral region PR.
Chang discloses an image sensor (e.g. FIG. 1) comprising a peripheral region CB (¶ 30) for connection to an outside of the photoelectric conversion apparatus. Chang further discloses a terminal (connection conductive layer) is arranged in the peripheral region CB (¶ 83).
Jung and Chang do not explicitly disclose a bonding wire connected to the terminal in the peripheral region.
However, Huang discloses (FIG. 5) a hybrid bonded image sensor (FIGs. 5-7) comprising a peripheral region for connection to an outside, wherein a terminal 116 and a bonding wire 606 connected to the terminal 116 are arranged in the peripheral region for providing external electrical connection.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to form Jung or Chung’s image sensor by forming a bonding wire in the peripheral region of the image sensor for providing the external electrical connection as taught by Huang.
In re claim 18, Huang discloses (FIGs. 6-7) wherein an opening 120 is arranged in the peripheral region, and the terminal 116 and the bonding wire 606 are arranged in the opening 120.
Response to Arguments
Applicant's arguments filed 9/8/2025 have been fully considered but they are not persuasive.
Regarding Chang, Applicant argues the dielectric layer 114a does not fill up the trench 135 at the height of the lower separation pattern 115 (Remark, page 10).
This is not persuasive.
The term “fills up” does not exclude other material underlying the dielectric 114a in the trench. Chang teaches up to a height where the dielectric 114a is embedded (i.e. upper surface of the dielectric 114a), the trench includes the material layer 114b and the dielectric 114a, where the dielectric 114a fills the trench up to the height. In other words, “the dielectric fills up the trench at a height where the dielectric is embedded” does not require the entire height to be filled with only the dielectric. Rather, the claim limitation is met when the trench comprises the dielectric which fills up to the line of the height where the dielectric is embedded. The complete filling may include material in addition to the dielectric.
Chang teaches, in an alternatively embodiment, e.g. FIG. 7, wherein a dielectric 114a’’+114c (¶ 108) is embedded in the trench, and the dielectric 114a'’+114c fills up the trench at a height (height at the upper surface of 114c) where the dielectric 114a’’+114c is embedded. In this embodiment, the dielectric 114a’’+114c solely and completely fills a lower portion of the trench.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YU CHEN whose telephone number is (571)270-7881. The examiner can normally be reached Monday-Friday: 9AM-5PM ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, WILLIAM KRAIG can be reached at 5712728660. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/YU CHEN/Primary Examiner, Art Unit 2896
YU CHEN
Examiner
Art Unit 2896