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 .
Election/Restrictions
Applicant’s election of Species II – Fig. 11-12 in the reply filed on 12/15/2025 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Applicant stated claims 1-3, 6, 9-12 and 18-20 read of the elected species. However, claims 9-12 have withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species in addition to Applicant’s claims indication (claims 4-5, 7-8 and 13-17), there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12/15/2025. Claims 9-12 read on a non-elected species as they require two oxide films where the second is larger in thickness then the first which is introduced in Species III – Fig. 13 and starting at paragraph 68 of the specification.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “photoelectric conversion unit”, “charge holding unit” in claims 1-3, 6 and 18-20. NOTE: while “first embedded gate unit” uses the nonce word “unit” “gate” is a structural term in the art and therefore does not invoke 112(f).
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claim(s) 1-3, 6 and 18-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Application Publication 2009/0303371 A1 to Watanabe et al.
With respect to claim 1 Watanabe discloses, in Fig. 5-108, a light receiving element (2) (paragraph 189), comprising: a semiconductor substrate (paragraph 189); a photoelectric conversion unit (60) that is provided in the semiconductor substrate and converts light into charges (paragraph 199); a charge holding unit (11) that is provided in the semiconductor substrate and holds the charges (paragraph 202-203); and a transfer transistor (12a and 12b) that transfers the charges from the photoelectric conversion unit to the charge holding unit (paragraph 197), wherein the transfer transistor includes a gate electrode having a pair of first embedded gate units (12a and 12b) embedded in the semiconductor substrate (Fig. 6 and paragraph 201).
With respect to claim 2 Watanabe discloses, in Fig. 5-108, the light receiving element according to claim 1, wherein when viewed from above the semiconductor substrate, the photoelectric conversion unit (60) is provided at a central part of the light receiving element, the charge holding unit (11) is provided at an end part of the light receiving element, and the transfer transistor (12a and 12b) is provided between the photoelectric conversion unit and the charge holding unit (Fig. 7).
With respect to claim 3 Watanabe discloses, in Fig. 5-108, the light receiving element according to claim 2, wherein each of the pair of first embedded gate units is provided in a substantially rectangular shape in a section obtained by cutting the light receiving element along a direction parallel to a surface of the semiconductor substrate (Fig. 6 and paragraph 201).
With respect to claim 6 Watanabe discloses, in Fig. 5-108, the light receiving element according to claim 3, wherein in the section, the pair of first embedded gate units are provided to have a distance between one of the first embedded gate units and the other one of the first embedded gate units gradually increasing along a direction from a center of the light receiving element toward a center of the charge holding unit (Fig. 6).
With respect to claim 18 Watanabe discloses, in Fig. 5-108, a light receiving device (1) comprising a plurality of light receiving elements (2) (Fig. 5 and paragraph 189), wherein each of the light receiving elements includes: a semiconductor substrate (paragraph 189); a photoelectric conversion unit (60) that is provided in the semiconductor substrate and converts light into charges (paragraph 199); a charge holding unit (11) that is provided in the semiconductor substrate and holds the charges (paragraph 202-203); and a transfer transistor (12a and 12b) that transfers the charges from the photoelectric conversion unit to the charge holding unit (paragraph 197), wherein the transfer transistor includes a gate electrode having a pair of first embedded gate units (12a and 12b) embedded in the semiconductor substrate (Fig. 6 and paragraph 201).
With respect to claim 19 Watanabe discloses, in Fig. 5-108, the light receiving device according to claim 18, wherein the plurality of light receiving elements share the charge holding unit (Fig. 30 and paragraph 308).
With respect to claim 20 Watanabe discloses, in Fig. 5-108, an electronic device on which a light receiving device (1) having a plurality of light receiving elements (2) is mounted (Fig. 5 and paragraph 189 and 564), wherein each of the light receiving elements includes: a semiconductor substrate (paragraph 189); a photoelectric conversion unit (60) that is provided in the semiconductor substrate and converts light into charges (paragraph 199); a charge holding unit (11) that is provided in the semiconductor substrate and holds the charges (paragraph 202-203); and a transfer transistor (12a and 12b) that transfers the charges from the photoelectric conversion unit to the charge holding unit (paragraph 197), wherein the transfer transistor includes a gate electrode having a pair of first embedded gate units (12a and 12b) embedded in the semiconductor substrate (Fig. 6 and paragraph 201).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Patent Application Publication 2016/0020237 A1 to Yamakawa which shows a pixel with an embedded gate that is made up of diagonal gate pairs (Fig. 7).
U.S. Patent Application Publication 2016/0218138 A1 to Oishi which shows a pixel with an embedded gate that is made up of horizontal rectangular gate pairs.
U.S. Patent Application Publication 2022/0199660 A1 to Lee et al which has overlapping priority dates that shows dual pairs of gates on the transfer transistors for a pixel.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL M PASIEWICZ whose telephone number is (571)272-5516. The examiner can normally be reached M-F 9 AM - 5:30 PM EST.
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/DANIEL M PASIEWICZ/Primary Examiner, Art Unit 2699
January 6, 2026