DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after 16 March 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Applicant
This Office Action is in response to Applicant’s reply filed on 08 July 2026.
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.
Claims 2-5 and 8-14 are 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 2 recites “the semiconductor substrate has a face of a plane direction orthogonal to a thickness direction, a face opposite the face constituting the light receiving face.” It is unclear and indefinite as to what the bolded “a face” is the face of. Further, it is unclear and indefinite as to whether the bolded “a face” is the same or different from the face in the recitation “the semiconductor substrate has a face.” For compact prosecution, it will be interpreted as “the semiconductor substrate has a face of a plane direction orthogonal to a thickness direction, the face opposite the face constituting the light receiving face.”
Claims 3-5 and 8-14, which depend either directly or indirectly from claim 2, are rejected for the same basis.
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) 1-5 and 15-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Izukashi (WO 2020/054545A1).
Claim 1: Izukashi discloses an imaging element, in Figs. 3 and 4 and in paragraphs 14, 15, 20-22, 39, 49, 52 and 61, comprising:
a pixel (11) that includes
a photoelectric conversion unit (PD) on a side (lower side of 31) of a light receiving face (lower face of 31) of a semiconductor substrate (31 and 33), wherein the photoelectric conversion unit (PD) is configured to execute photoelectric conversion on incident light (L),
a charge holding unit (MEM) on a side (upper side of 31) different from the side of the light receiving face (lower face of 31) of the semiconductor substrate (31 and 33), wherein the charge holding unit (MEM) is configured to hold a charge generated by the photoelectric conversion, and
a charge transfer unit (TRX) configured to transfer the generated charge to the charge holding unit, wherein the pixel (11) is configured to have a rectangular shape defined by four sides (four sides of 11 from the view from the bottom face) in a light receiving face view (view from the bottom face);
a charge holding unit light shielding film (53A) having an elongated strip shape in the light receiving face view (view from the bottom face), wherein
the charge holding unit light shielding film (53A) is adjacent to three sides of the four sides of the rectangular shape including a first side (left side in Fig. 4) that is one of the four sides,
the charge holding unit light shielding film (53A) is parallel to the first side (left side in Fig. 4) in the light receiving face view (view from the bottom face),
the charge holding unit light shielding film (53A) is adjacent to a semiconductor region (VG) including the charge transfer unit (TRX) in the light receiving face view (view from the bottom face), and
the charge holding unit light shielding film (53A) is in the pixel (11) between the photoelectric conversion unit (PD) and the charge holding unit (MEM) to shield the incident light (L); and
a charge transfer unit light shielding film (56A) having an elongated strip shape in the light receiving face view (view from the bottom face), wherein
the charge transfer unit light shielding film (56A) is adjacent to the three sides of the four sides of the rectangular shape including a second side (right side in Fig. 4) that is a side opposite to the first side (left side in Fig. 4),
the charge transfer unit light shielding film (56A) is parallel to the second side (right side in Fig. 4) in a light receiving face view (view from the bottom face), and
the charge transfer unit light shielding film (56A) is in the pixel (11) between the photoelectric conversion unit (PD) and the charge transfer unit (TRX) to shield the incident light (L) and have a shape which has an end portion (left end portion of 56A) overlapping an end portion (right end portion of 53A) of the charge holding unit light shielding film (53A) in the light receiving face view (view from the bottom face), and
a first charge transfer unit adjacent groove (H1 on the right) disposed at a boundary of the pixel (11), wherein the first charge transfer unit adjacent groove (H1 on the right) is formed on the side (lower side of 31) of the semiconductor substrate (31 and 33) that constitutes the light receiving face (lower face of 31); and
a first charge holding unit adjacent groove (H1 on the left) and the first charge transfer unit adjacent groove (H1 on the right) are formed on a same face (lower face of 31) of the semiconductor substrate (31 and 33) and on the side (lower side of 31) of the light receiving face (lower face of 31) of the semiconductor substrate (31 and 33), wherein
the first charge holding unit adjacent groove (H1 on the left) and the first charge transfer unit adjacent groove (H1 on the right) are parallel to a first crystal orientation (crystal orientation that is in the vertical direction),
the first charge holding unit adjacent groove (H1 on the left) has a length reaching a vicinity of an end portion (right end portion of 53A) of the charge holding unit light shielding film (53A) from the first side (left side in Fig. 4), and the first charge transfer unit adjacent groove (H1 on the right) has a length reaching a vicinity of an end portion (left end portion of 56A) of the charge transfer unit light shielding film (56A) from the second side (right side in Fig. 4),
the semiconductor substrate (31 and 33) includes the charge holding unit adjacent gap (58) formed in a vicinity of a bottom portion (bottom portion of H1 on the left) of the first charge holding unit adjacent groove (H1 on the left) in a direction of a second crystal orientation (crystal orientation that is in the horizontal direction), and a charge transfer unit adjacent gap (57) formed in a vicinity of a bottom portion (bottom portion of H1 on the right) of the first charge transfer unit adjacent groove (H1 on the right) in the a direction of the second crystal orientation (crystal orientation that is in the horizontal direction),
the first crystal orientation (crystal orientation that is in the vertical direction) is perpendicular to the second crystal orientation (crystal orientation that is in the horizontal direction),
the charge holding unit adjacent gap (58) is structurally defined by a bottom geometry (bottom geometry of H1 on the left) of the first charge holding unit adjacent groove (H1 on the left) and extends laterally from the bottom portion (bottom portion of H1 on the left) of the first charge holding adjacent groove (H1 on the left), and
the charge transfer unit adjacent gap (57) is structurally defined by a bottom geometry (bottom geometry of H1 on the right) of the first charge transfer unit adjacent groove (H1 on the right) and extends laterally from the bottom portion (bottom portion of H1 on the right) of the first charge transfer unit adjacent groove (H1 on the right).
The recitation “the charge holding unit adjacent gap formed based on etch of the semiconductor substrate in a vicinity of a bottom portion of the first charge holding unit adjacent groove in a direction of a second crystal orientation, and a charge transfer unit adjacent gap formed based on the etch the semiconductor substrate in a vicinity of a bottom portion of the first charge transfer unit adjacent groove in the direction of the second crystal orientation” is merely a product-by-process recitation that does not structurally distinguish the claimed invention over the prior art. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process. In re Thorpe, 227 USPQ 964, 966.
The product-by-process recitation only implies that the charge holding unit adjacent gap is adjacent to the first charge holding unit adjacent groove and implies the charge transfer unit adjacent gap is adjacent to the first charge transfer unit adjacent groove. Since Izukashi, in Fig. 3, discloses the charge holding unit adjacent gap (58) is adjacent to the first charge holding unit adjacent groove (H1 on the left) and the charge transfer unit adjacent gap (57) is adjacent to the first charge transfer unit adjacent groove (H1 on the right), Izukashi would disclose the same structure implied by the product-by-process step.
Claim 2: Izukashi discloses the imaging element according to claim 1, and, in Fig. 3 and in paragraphs 49 and 52, further discloses wherein the semiconductor substrate (31 and 33) has a face (upper face of 33) of a plane direction (horizontal plane direction) orthogonal to a thickness direction (vertical direction), the face (upper face of 33) opposite the face (lower face of 31) constituting the light receiving face (lower face of 31),
the charge holding unit light shielding film (53A) includes a first light shielding member (53A) in a charge holding unit adjacent gap (58), and
the charge transfer unit light shielding film (56A) includes a second light shielding member (56A) in a charge transfer unit adjacent gap (57).
Claim 3: Izukashi discloses the imaging element according to claim 2, and, in Figs. 3 and 4, further discloses wherein the first charge holding unit adjacent groove (H1 on the left) is on one (right side in Fig. 4) of the four sides (four sides of 11 from the view from the bottom face) adjacent to the first side (left side in Fig. 4) at the boundary of the pixel (11).
Claim 4: Izukashi discloses the imaging element according to claim 3, and, in Fig. 3 and in paragraph 43, further discloses comprising: a first charge holding unit adjacent light shielding wall (54A) in the first charge holding unit adjacent groove (H1 on the left), wherein the first charge holding unit adjacent light shielding wall (54A) shields the incident light (L).
Claim 5: Izukashi discloses the imaging element according to claim 3, and, in Fig. 3 and in paragraph 51, further discloses comprising: a first charge transfer unit adjacent light shielding wall (51A) in the first charge transfer unit adjacent groove (H1 on the right), wherein the first charge transfer unit adjacent light shielding wall (51A) shields the incident light (L).
Claim 15: Izukashi discloses the imaging element according to claim 1, and in paragraph 50, further discloses wherein the charge holding unit light shielding film (53A) includes a metal member.
Claim 16: Izukashi discloses the imaging element according to claim 1, and in paragraph 53, further discloses wherein the charge transfer unit light shielding film (56A) includes a metal member.
Claim 17: Izukashi discloses an imaging device, in Figs. 1, 3, 4 and 27 and in paragraphs 14, 15, 19-22, 39, 49, 52, 61 and 76 comprising:
a pixel (11) that includes
a photoelectric conversion unit (PD) on a side (lower side of 31) of a light receiving face (lower face of 31) of a semiconductor substrate (31 and 33), wherein the photoelectric conversion unit (PD) is configured to execute photoelectric conversion on incident light (L),
a charge holding unit (MEM) on a side (upper side of 31) different from the side the light receiving face (lower face of 31) of the semiconductor substrate (31 and 33), wherein the charge holding unit (MEM) is configured to hold a charge generated by the photoelectric conversion, and
a charge transfer unit (TRX) configured to transfer the generated charge to the charge holding unit, wherein the pixel (11) is configured to have a rectangular shape defined by four sides (four sides of 11 from the view from the bottom face) in a light receiving face view (view from the bottom face);
a charge holding unit light shielding film (53A) having an elongated strip shape in the light receiving face view (view from the bottom face), wherein
the charge holding unit light shielding film (53A) is adjacent to three sides of the four sides of the rectangular shape including a first side (left side in Fig. 4) that is one of the four sides,
the charge holding unit light shielding film (53A) is parallel to the first side (left side in Fig. 4) in a light receiving face view (view from the bottom face),
the charge holding unit light shielding film (53A) is adjacent to a semiconductor region (VG) including the charge transfer unit (TRX) in the light receiving face view (view from the bottom face), and
the charge holding unit light shielding film (53A) is being disposed in the pixel (11) between the photoelectric conversion unit (PD) and the charge holding unit (MEM) to shield the incident light (L);
a charge transfer unit light shielding film (56A) having an elongated strip shape in the light receiving face view (view from the bottom face), wherein,
the charge transfer unit light shielding film (56A) is adjacent to the three sides of the four sides of the rectangular shape including a second side (right side in Fig. 4) that is a side opposite to the first side (left side Fig. 4),
the charge transfer unit light shielding film (56A) is parallel to the second side (right side in Fig. 4) in a light receiving face view (view from the bottom face), and
the charge transfer unit light shielding film (56A) is in the pixel (11) between the photoelectric conversion unit (PD) and the charge transfer unit (TRX) to shield the incident light (L) and have a shape which has an end portion (left end portion of 56A) overlapping an end portion (right end portion of 53A) of the charge holding unit light shielding film (53A) in the light receiving face view (view from the bottom face); and
a first charge transfer unit adjacent groove (H1 on the right) disposed at a boundary of the pixel (11), wherein the first charge transfer unit adjacent groove (H1 on the right) is formed on the side (lower side of 31) of the semiconductor substrate (31 and 33) that constitutes the light receiving face (lower face of 31);
a first charge holding unit adjacent groove (H1 on the left) and the first charge transfer unit adjacent groove (H1 on the right) are formed on a same face (lower face of 31) of the semiconductor substrate (31 and 33) and on the side (lower side of 31) of the light receiving face (lower face of 31) of the semiconductor substrate (31 and 33), wherein
the first charge holding unit adjacent groove (H1 on the left) and the first charge transfer unit adjacent groove (H1 on the right) are parallel to a first crystal orientation (crystal orientation that is in the vertical direction),
the first charge holding unit adjacent groove (H1 on the left) has a length reaching a vicinity of the end portion (right end portion of 53A) of the charge holding unit light shielding film (53A) from the first side (left side in Fig. 4), and the first charge transfer unit adjacent groove (H1 on the right) has a length reaching a vicinity of an end portion (left end portion of 56A) of the charge transfer unit light shielding film (56A) from the second side (right side in Fig. 4),
the semiconductor substrate (31 and 33) includes the charge holding unit adjacent gap (58) formed in a vicinity of a bottom portion (bottom portion of H1 on the left) of the first charge holding unit adjacent groove (H1 on the left) in a direction of a second crystal orientation (crystal orientation that is in the horizontal direction), and a charge transfer unit adjacent gap (57) formed in a vicinity of a bottom portion (bottom portion of H1 on the right) of the first charge transfer unit adjacent groove (H1 on the right) in the the direction of the second crystal orientation (crystal orientation that is in the horizontal direction),
the first crystal orientation (crystal orientation that is in the vertical direction) is perpendicular to the second crystal orientation (crystal orientation that is in the horizontal direction),
the charge holding unit adjacent gap (58) is structurally defined by a bottom geometry (bottom geometry of H1 on the left) of the first charge holding unit adjacent groove (H1 on the left) and extends laterally from the bottom portion (bottom portion of H1 on the left) of the first charge holding adjacent groove (H1 on the left), and
the charge transfer unit adjacent gap (57) is structurally defined by a bottom geometry (bottom geometry of H1 on the right) of the first charge transfer unit adjacent groove (H1 on the right) and extends laterally from the bottom portion (bottom portion of H1 on the right) of the first charge transfer unit adjacent groove (H1 on the right).
an image signal generation unit (22) configured to generate an image signal (image signal) based on held charge; and
a processing circuit (220) configured to process the generated image signal (image signal).
The recitation “the charge holding unit adjacent gap formed based on etch of the semiconductor substrate in a vicinity of a bottom portion of the first charge holding unit adjacent groove in a direction of a second crystal orientation, and a charge transfer unit adjacent gap formed based on the etch the semiconductor substrate in a vicinity of a bottom portion of the first charge transfer unit adjacent groove in the direction of the second crystal orientation” is merely a product-by-process recitation that does not structurally distinguish the claimed invention over the prior art. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process. In re Thorpe, 227 USPQ 964, 966.
The product-by-process recitation only implies that the charge holding unit adjacent gap is adjacent to the first charge holding unit adjacent groove and implies the charge transfer unit adjacent gap is adjacent to the first charge transfer unit adjacent groove. Since Izukashi, in Fig. 3, discloses the charge holding unit adjacent gap (58) is adjacent to the first charge holding unit adjacent groove (H1 on the left) and the charge transfer unit adjacent gap (57) is adjacent to the first charge transfer unit adjacent groove (H1 on the right), Izukashi would disclose the same structure implied by the product-by-process step.
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(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Izukashi (WO 2020/054545A1) in view of Barlocchi et al. (U.S. Pub. 2004/0227207).
Claim 18: Izukashi discloses a method of manufacturing an imaging element, in Figs. 3 and 4 and in paragraphs 14, 15, 20-22, 39, 49, 52 and 61, the method comprising:
a step of forming a pixel (11) that includes
a photoelectric conversion unit (PD) on a side (lower side of 31) of a light receiving face (lower face of 31) of a semiconductor substrate (31 and 33), wherein the photoelectric conversion unit (PD) is configured to execute photoelectric conversion on incident light (L),
a charge holding unit (MEM) on a side (upper side of 31) different from the side of the light receiving face (lower face of 31) of the semiconductor substrate (31 and 33), wherein the charge holding unit (MEM) is configured to hold a charge generated by the photoelectric conversion, and
a charge transfer unit (TRX) configured to transfer the generated charge to the charge holding unit, wherein the pixel (11) is configured to have a rectangular shape defined by four sides (four sides of 11 from the view from the bottom face) in a light receiving face view (view from the bottom face);
forming a charge holding unit light shielding film (53A) having an elongated strip shape in the light receiving face view (view from the bottom face), wherein
the charge holding unit light shielding film (53A) is adjacent to three sides of the four sides of the rectangular shape including a first side (left side Fig. 4) that is one of the four sides,
the charge holding unit light shielding film (53A) is parallel to the first side (left side in Fig. 4) in the light receiving face view (view from the bottom face),
the charge holding unit light shielding film (53A) is adjacent to a semiconductor region (VG) including the charge transfer unit (TRX) in the light receiving face view (view from the bottom face), and
the charge holding unit light shielding film (53A) is in the pixel (11) between the photoelectric conversion unit (PD) and the charge holding unit (MEM) to shield incident light; and
forming a charge transfer unit light shielding film (56A) having an elongated strip shape in the light receiving face view (view from the bottom face), wherein
the charge transfer unit light shielding film (56A) is adjacent to three sides of the four sides of the rectangular shape including a second side (right side in Fig. 4) that is a side opposite to the first side (left side in Fig. 4),
the charge transfer unit light shielding film (56A) is parallel to the second side (right side in Fig. 4) in the light receiving face view (view from the bottom face), and
the charge transfer unit light shielding film (56A) is in the pixel (11) between the photoelectric conversion unit (PD) and the charge transfer unit (TRX) to shield incident light (L) and have a shape which has an end portion (left end portion of 56A) overlapping an end portion (right end portion of 53A) of the charge holding unit light shielding film (53A) in the light receiving face view (view from the bottom face); and
forming a first charge transfer unit adjacent groove (H1 on the right) disposed at a boundary of the pixel (11), wherein the first charge transfer unit adjacent groove (H1 on the right) is formed on the side (lower side of 31) of the semiconductor substrate (31 and 33) that constitutes the light receiving face (lower face of 31); and
forming a first charge holding unit adjacent groove (H1 on the left) and the first charge transfer unit adjacent groove (H1 on the right) are formed on a same face (lower face of 31) of the semiconductor substrate (31 and 33) and on the side (lower side of 31) of the light receiving face (lower face of 31) of the semiconductor substrate (31 and 33), wherein
the first charge holding unit adjacent groove (H1 on the left) and the first charge transfer unit adjacent groove (H1 on the right) are parallel to a first crystal orientation (crystal orientation that is in the vertical direction),
the first charge holding unit adjacent groove (H1 on the left) has a length reaching a vicinity of the end portion (right end portion of 53A) of the charge holding unit light shielding film (53A) from the first side (left side in Fig. 4), and the first charge transfer unit adjacent groove (H1 on the right) has a length reaching a vicinity of an end portion (left end portion of 56A) of the charge transfer unit light shielding film (56A) from the second side (right side in Fig. 4),
the semiconductor substrate (31 and 33) includes the charge holding unit adjacent gap (58) formed in a vicinity of a bottom portion (bottom portion of H1 on the left) of the first charge holding unit adjacent groove (H1 on the left) in a direction of a second crystal orientation (crystal orientation that is in the horizontal direction), and a charge transfer unit adjacent gap (57) formed in a vicinity of a bottom portion (bottom portion of H1 on the right) of the first charge transfer unit adjacent groove (H1 on the right) in the a direction of the second crystal orientation (crystal orientation that is in the horizontal direction),
the first crystal orientation (crystal orientation that is in the vertical direction) is perpendicular to the second crystal orientation (crystal orientation that is in the horizontal direction),
the charge holding unit adjacent gap (58) is structurally defined by a bottom geometry (bottom geometry of H1 on the left) of the first charge holding unit adjacent groove (H1 on the left) and extends laterally from the bottom portion (bottom portion of H1 on the left) of the first charge holding adjacent groove (H1 on the left), and
the charge transfer unit adjacent gap (57) is structurally defined by a bottom geometry (bottom geometry of H1 on the right) of the first charge transfer unit adjacent groove (H1 on the right) and extends laterally from the bottom portion (bottom portion of H1 on the right) of the first charge transfer unit adjacent groove (H1 on the right).
Izukashi appears not to explicitly disclose the charge holding unit adjacent gap formed based on etch of the semiconductor substrate in a vicinity of a bottom portion of the first charge holding unit adjacent groove in a direction of a second crystal orientation, and a charge transfer unit adjacent gap formed based on the etch the semiconductor substrate in a vicinity of a bottom portion of the first charge transfer unit adjacent groove in the direction of the second crystal orientation.
Barlocchi et al., however, in Figs. 8 and 9 and in paragraphs 25-27, discloses the gap (21) formed based on etch of the semiconductor substrate (10) in a vicinity of a bottom portion of the groove (15) in a direction of a second crystal orientation (crystal orientation that is in the horizontal direction).
Accordingly, it would have been obvious to one of ordinary skill in the art to substitute the disclosure of Barlocchi et al. that is in the same field of endeavor with Izukashi, before the effective filing date of the claimed invention in order to substitute the charge holding unit adjacent gap formed based on etch of the semiconductor substrate in a vicinity of a bottom portion of the first charge holding unit adjacent groove in a direction of a second crystal orientation, and a charge transfer unit adjacent gap formed based on the etch the semiconductor substrate in a vicinity of a bottom portion of the first charge transfer unit adjacent groove in the direction of the second crystal orientation as disclosed by Barlocchi et al. for the forming of the charge holding unit adjacent gap and a charge transfer unit adjacent gap disclosed by Izukashi. The substituted components were known in the art, one of ordinary skill could have substituted the elements, and the simple substitution of the charge holding unit adjacent gap formed based on etch of the semiconductor substrate in a vicinity of a bottom portion of the first charge holding unit adjacent groove in a direction of a second crystal orientation, and a charge transfer unit adjacent gap formed based on the etch the semiconductor substrate in a vicinity of a bottom portion of the first charge transfer unit adjacent groove in the direction of the second crystal orientation disclosed by Barlocchi et al. for the forming of the charge holding unit adjacent gap and a charge transfer unit adjacent gap disclosed by Izukashi would have yielded predictable results, namely providing gaps for charge holding unit adjacent gap and the charge transfer unit adjacent gap. (KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398, 417 (2007)).
Allowable Subject Matter
Claims 8-14 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is an examiner’s statement of reasons for the indication of allowable subject matter. The prior art of record, either singularly or in combination, does not suggest, in combination with the other claim limitations, a second charge holding unit adjacent groove that is a groove disposed on a side facing the first charge holding unit adjacent groove at a boundary of the pixel, disposed on a same face of the semiconductor substrate as the face on which the first charge holding unit adjacent groove is formed, and configured to have a length reaching the first charge transfer unit adjacent groove from the first side; and
a second charge transfer unit adjacent groove that is a groove disposed on a side facing the first charge transfer unit adjacent groove at a boundary of the pixel, disposed on a same face of the semiconductor substrate as the face on which the first charge transfer unit adjacent groove is formed, and configured to have a length reaching the first charge holding unit adjacent groove from the second side, as required by claim 8.
Claims 9-14 depend either directly or indirectly from claim 8 and are allowable for the same reason.
Response to Arguments
Applicant's arguments filed 08 July 2026 have been fully considered but they are not persuasive.
Applicant contends Izukashi does not anticipate, teach, suggest, or render obvious at least, for example, the features of "a charge holding unit adjacent gap formed based on etch of the semiconductor substrate in a vicinity of a bottom portion of the first charge holding unit adjacent groove in a direction of a second crystal orientation, and a charge transfer unit adjacent gap formed based on the etch of the semiconductor substrate in a vicinity of a bottom portion of the first charge transfer unit adjacent groove in the direction of the second crystal orientation … the charge holding unit adjacent gap is structurally defined by a bottom geometry of the first charge holding unit adjacent groove and extends laterally from the bottom portion of the first charge holding unit adjacent groove, and the charge transfer unit adjacent gap is structurally defined by a bottom geometry of the first charge transfer unit adjacent groove and extends laterally from the bottom portion of the first charge transfer unit adjacent groove," as recited in amended independent claim 1.
Examiner notes that the recitation “the charge holding unit adjacent gap formed based on etch of the semiconductor substrate in a vicinity of a bottom portion of the first charge holding unit adjacent groove in a direction of a second crystal orientation, and a charge transfer unit adjacent gap formed based on the etch the semiconductor substrate in a vicinity of a bottom portion of the first charge transfer unit adjacent groove in the direction of the second crystal orientation” is merely a product-by-process recitation that does not structurally distinguish the claimed invention over the prior art. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process. In re Thorpe, 227 USPQ 964, 966.
The product-by-process recitation only implies that the charge holding unit adjacent gap is adjacent to the first charge holding unit adjacent groove and implies the charge transfer unit adjacent gap is adjacent to the first charge transfer unit adjacent groove. Since Izukashi, in Fig. 3, discloses the charge holding unit adjacent gap (58) is adjacent to the first charge holding unit adjacent groove (H1 on the left) and the charge transfer unit adjacent gap (57) is adjacent to the first charge transfer unit adjacent groove (H1 on the right), Izukashi would disclose the same structure implied by the product-by-process step.
Further, Izukashi, in Fig. 3, discloses the charge holding unit adjacent gap (58) is structurally defined by a bottom geometry (bottom geometry of H1 on the left) of the first charge holding unit adjacent groove (H1 on the left) and extends laterally from the bottom portion (bottom portion of H1 on the left) of the first charge holding adjacent groove (H1 on the left), and
the charge transfer unit adjacent gap (57) is structurally defined by a bottom geometry (bottom geometry of H1 on the right) of the first charge transfer unit adjacent groove (H1 on the right) and extends laterally from the bottom portion (bottom portion of H1 on the right) of the first charge transfer unit adjacent groove (H1 on the right).
Applicant’s arguments with respect to claim(s) 18 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
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/J.L/ Examiner, Art Unit 2815
/JOSHUA BENITEZ ROSARIO/Supervisory Patent Examiner, Art Unit 2815
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