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 .
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. It is suggested that the title include the phrase “including an optical sensor with a MIM capacitor.” This suggestion is supported by the background section of the as-filed specification.
Response to Arguments
Applicant's arguments filed 3/11/2026 have been fully considered but they are not persuasive.
To further clarify, Kwon reads on claim 1 at least because the second light shield layer 330s and the first light shield layer 57 are separated by the capacitor insulation layer 29b2 in a vertical direction i.e., a stacking direction, a vertical direction, etc. The Examiner notes that claim 1 does not exclude a horizontal shift from the positioning of the first and second light shield layers, such a horizontal shift being present in Kwon, nor does claim 1 require that the first and second light shield layers be entirely separated in the first direction by the capacitor insulation layer. Therefore, under the broadest reasonable interpretation of claim 1, and the amendments thereof, Kwon reads on the claim as detailed above.
The Applicant argues that the amendments of claim 1 codify a metal-insulator-metal capacitor configuration. The Examiner disagrees as the broadest reasonable interpretation of the claims allows for other interpretations, as detailed above. Furthermore, claim 1 does not require that the layers at issue are in physical or direct contact, as would be required to assist in limiting the claim to a MIM-type capacitor interpretation.
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 1-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Pat. Pub. No. US 20200058688 A1 to Kwon et al. (hereinafter “Kwon”).
Regarding claim 1, Kwon teaches a semiconductor device (device of fig. 16) comprising:
a light-receiving element (impurity region 5; fig. 16) [0041] formed on a substrate (1; fig. 16) [0041];
a reading circuit (region R2; fig. 16) [0040] that reads charges [0040] generated in accordance with light received at the light-receiving element (5);
a first light shield layer (metal plate 57; fig. 16) [0056] and a second light shield layer (shield structure 330s; fig. 16) [0075] which are formed so as to cover over the reading circuit (R2); and
a capacitor insulation layer (dielectric layer 29b2; fig. 16) [0047] formed at at least a portion of a region (region between 330s and 57) between (some portion of 330s and some portion of 57 creating a region which places some portion of 29b2 therebetween) the first light shield layer (57) and the second light shield layer (330s).
Regarding claim 2, Kwon teaches the semiconductor device according to claim 1, further comprising: a first metal wire (contact plug 23b; fig. 16) [0045] and a second metal wire (dummy bottom electrode 25s; fig. 16) [0045], which are formed on the reading circuit (R2); at least one first contact (third impurity region 13b; fig. 16) [0042] that electrically contacts (through the substrate) the first light shield layer (57) and the first metal wire (23b); and at least one second contact (contact plug 43; fig. 16) [0054] that electrically contacts the second light shield layer (330s) and the second metal wire (25s).
Regarding claim 3, Kwon teaches the semiconductor device according to claim 2, wherein the second metal wire (25s) is formed at a different layer from the first metal wire (23b).
Regarding claim 5, Kwon teaches the semiconductor device according to claim 1, further comprising pixels (image sensor 102; fig. 16) [0075] that are each structured by the light-receiving element (5) and the reading circuit (R2), the first light shield layer (57), the capacitor insulation layer (29b2) and the second light shield layer (330s) being electrically separated into pixel units (each image sensor 102 comprising light shielding member 330s on each lateral side of the structure, reasonably supporting a conclusion that the structure of fig. 16 is repeated, each image sensor 102 being a pixel unit; see also claim 1 and [0028] which each recite a “plurality of pixels” further supporting a conclusion that Kwon intends for each of the embodiments to comprise a plurality of repeated image sensor structures).
Regarding claim 6, Kwon teaches the semiconductor device according to claim 1, further comprising pixels (image sensor 102; fig. 16) [0075] that are each structured by the light-receiving element (5) and the reading circuit (R2), the first light shield layer (57) and the second light shield layer (330s) being formed to be divided into pixel units (each image sensor 102 comprising light shielding member 330s on each lateral side of the structure, reasonably supporting a conclusion that the structure of fig. 16 is repeated, each image sensor 102 being a pixel unit; see also claim 1 and [0028] which each recite a “plurality of pixels” further supporting a conclusion that Kwon intends for each of the embodiments to comprise a plurality of repeated image sensor structures).
Regarding claim 7, Kwon teaches the semiconductor device according to claim 1, wherein the first light shield layer (57) and the second light shield layer (330s) are formed to be clear (not overlapping in a vertical sense thus allowing for light to pass into the light receiving element) of the light-receiving element (5).
Regarding claim 8, Kwon teaches the semiconductor device according to claim 1, wherein the first light shield layer (57) and the second light shield layer (330s) are formed of a conductive metal or conductive metal compound [0045] & [0057].
Regarding claim 9, Kwon teaches an electronic device comprising: the semiconductor device according to claim 1; and a processing device (image processing unit 120; fig. 1) [0025] & [0037] that performs processing on charges read from the semiconductor device (device of fig. 16).
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Kwon in view of U.S. Pat. Pub. No. US 20220020808 A1 to Hara et al. (hereinafter “Hara”).
Regarding claim 4, Kwon does not teach the semiconductor device according to claim 2, wherein the second metal wire (25s) is formed at a same layer as the first metal wire (23b).
Hara, however, teaches a semiconductor device (IC; fig. 2) [0019] wherein the second metal wire (first wiring structure 150 furthest right in fig. 2; fig. 2) [0022] is formed at a same layer as the first metal wire (first wiring structure 150 furthest left in fig. 2; fig. 2) [0022].
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the semiconductor structure of Kwon to comprise first and second metal wiring disposed in the same layer to allow for device-to-substrate wiring in a repeatable manner as taught by Hara [0019]-[0023].
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Kwon in view of U.S. Pat. Pub. No. US 20110049589 A1 to Chuang et al. (hereinafter “Chuang”).
Regarding claim 10, Kwon does not teach the semiconductor device according to claim 1, wherein the first light shield layer, the capacitor insulation layer, and the second light shield layer form a metal-insulator-metal (MIM) capacitor.
Chuang, however, teaches an image sensor (abstract) with capacitor (32; fig. 1) [0020] wherein the first light shield layer (32b, comprising at least tungsten which is a light shielding material; fig. 1) [0020], the capacitor insulation layer (28c; fig. 1) [0020], and the second light shield layer (32t; fig. 1) [0020] form a metal-insulator-metal (MIM) capacitor [0020].
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the capacitor of Kwon to comprise the first and second light shielding layers to form a metal-insulator-metal (MIM) capacitor to increase the capacitance of the capacitor as taught by Chuang [0020].
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 ETHAN EDWARD CUTLER whose telephone number is (703)756-5415. The examiner can normally be reached Monday-Friday 7:30 am - 5:00 pm Eastern Time.
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/ETHAN EDWARD CUTLER/Examiner, Art Unit 2892
/NORMAN D RICHARDS/ Supervisory Patent Examiner, Art Unit 2892
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