Prosecution Insights
Last updated: July 17, 2026
Application No. 18/257,926

IMAGING ELEMENT AND IMAGING DEVICE

Non-Final OA §102§103
Filed
Jun 16, 2023
Priority
Dec 25, 2020 — JP 2020-217525 +1 more
Examiner
PARENDO, KEVIN A
Art Unit
2896
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Sony Group Corporation
OA Round
2 (Non-Final)
72%
Grant Probability
Favorable
2-3
OA Rounds
0m
Est. Remaining
83%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allowance Rate
549 granted / 761 resolved
+4.1% vs TC avg
Moderate +11% lift
Without
With
+11.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
30 currently pending
Career history
794
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
79.2%
+39.2% vs TC avg
§102
7.3%
-32.7% vs TC avg
§112
9.4%
-30.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 761 resolved cases

Office Action

§102 §103
DETAILED ACTION Claim Objections Claim 21 is objected to because “the through-substrate electrode” should be changed to “the first through-substrate electrode”. Depending from claim 6, is it clear it is the first such electrode being referred to, since claims 1 and 6 do not claim the second through-substrate electrode. Claim 28 is objected to because “one the front” should be changed to “on the front”. Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102, some of which 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. 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 of this title, 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) 1-25 and 27-33 is/are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over WO/2019/130702 (“Nakazawa”), published 7/4/19. US 2021/0084249 A1 claims priority to PCT/JP2018/036417, which is published as WO/2019/130712; the US document will be referred to herein, being used as an English translation of the WO document. PNG media_image1.png 1055 1115 media_image1.png Greyscale Nakazawa teaches, for example: PNG media_image2.png 578 368 media_image2.png Greyscale PNG media_image3.png 539 386 media_image3.png Greyscale PNG media_image4.png 239 405 media_image4.png Greyscale PNG media_image5.png 259 434 media_image5.png Greyscale Nakazawa teaches: 1. An imaging element 1, comprising: pixels (e.g. 12, see e.g. Fig. 1) each disposed on a first semiconductor substrate (e.g. 10, and possibly further comprising elements or layers thereon, such as 40 and 50, see e.g. Fig. 19) and including a photoelectric conversion section (e.g. “photodiode 41”, see e.g. para 125, 127) that performs photoelectric conversion of incident light, a charge holding section (e.g. “floating diffusion FD”, see e.g. para 125) that holds a charge generated by the photoelectric conversion, and a charge transfer section (e.g. “transfer transistor TR”, see e.g. para 125) that transfers the charge from the photoelectric conversion section to the charge holding section (the “transfer gate TG” of a transistor may transfer the charge, see e.g. para 127); a pixel circuit (e.g. “readout circuit 22” including elements thereof and wirings connected thereto within 20, see e.g. para 121 and e.g. Fig. 19) that is disposed on a second semiconductor substrate (e.g. 20, see e.g. Fig. 19) stacked on a front surface side (e.g. top side of 10 as shown in Fig. 19) of the first semiconductor substrate and generates an image signal on a basis of the held charge (certainly 22 contributes to the image output, see e.g. para 121, 283, etc.); an isolating section (e.g. comprising at least “element separator 43”, see e.g. para 133 and Fig. 19) disposed at a boundary of the pixels (see e.g. Fig. 19); a buried electrode (e.g. 73 and/or 74 in Fig. 35; or 72 and/or 71 in Fig. 32) that is disposed by being buried in the front surface side of the first semiconductor substrate at a boundary of the pixel overlapping with the isolating section and is connected to the first semiconductor substrate (see e.g. Figs. 32 and 35); and a first through-substrate electrode (the “first through-substrate electrode” may be reasonably interpreted as an electrode or wiring that passes through a portion of a substrate, and which may comprise multiple portions; at least 54 passes vertically through a portion of substrate 20, is connected to another 55 which passes laterally through substrate 20, which is connected to a circuit having elements 23, 24, 58, and 65, which pass through portions of substrates 20 and 30; in total, at least some of these elements comprise the claimed electrode) connected to the buried electrode (see e.g. Fig. 19, wherein at least 54 couples to FD; see also the discussion of the modification examples below), wherein the first through-substrate electrode is coupled with a third semiconductor substrate (the electrode as identified above “couples” with a third substrate such as 30 in that they are connected or combined together or are in close proximity so as to permit mutual influence, which both read on the definition of couple shown below from Merriam Webster online dictionary) that is stacked on a side of the second semiconductor substrate different from the side on which the first semiconductor substrate is disposed (it is on the top, whereas 10 is on the bottom, see e.g. Fig. 19) and that includes a circuit connected to the pixel circuit (see e.g. logic circuit 32, see e.g. para 121). PNG media_image6.png 653 1010 media_image6.png Greyscale Figs. 32 and 35 are “modification examples” that replace portions of Fig. 19 (i.e. only the bottommost portions of 20 and the uppermost portions of 10), while not showing the entirety of unmodified parts of Fig. 19 (i.e. the upper portions of 20, all portions of 30, and the lowermost portions of 10 of Fig. 19). See for example, para 193, 198-200. As such, it seems that the modification falls within the scope of 35 USC 102 because the portions relied upon above are a single coherent embodiment. In any case, the obviousness of the modification of Fig. 19 to replace portions near the bottom of 20 and the top of 10 to instead include the portions shown in Fig. 32 or Fig. 35 is well within the skill of one of ordinary skill in the art at the time of invention, and the above rejection is proper under 35 USC 103. It has been established that “the [obviousness] analysis need not seek out precise teachings directed to the specific subject matter of the challenged claim” because the Office or “a court can take account of the inferences and creative steps that a person of ordinary skill in the art would employ.” KSR Int’ Co. v. Teleflex Inc., 550 U.S. 398, 418 (2007). It is also well settled that a reference stands for all of the specific teachings thereof as well as the inferences one of ordinary skill in the art would have reasonably been expected to draw therefrom. See In re Fritch, 972 F.2d 1260, 1264-65 (Fed. Cir. 1992). Nakazawa teaches and/or would have suggested as obvious to one of ordinary skill in the art at the time of invention: 2. The imaging element according to claim 1, further comprising a boundary wiring line (see e.g. 54, 55, 72, etc. in Figs. 32-33; see e.g. VSS, 47, etc. in Fig. 35) disposed at the boundary of the pixels and connected to the buried electrode. 3. The imaging element according to claim 2, wherein the boundary wiring line is disposed by being buried in the first semiconductor substrate (see e.g. Figs. 33 and 35, wherein 72 and 74, respectively, may be said “boundary wiring lines”’ and/or wherein 54 and 47 partially extend, and are thus buried within, first substrate 10). 4. The imaging element according to claim 2, wherein the boundary wiring line is disposed adjacent to the front surface side of the first semiconductor substrate (see e.g. Figs. 33 and 35). 5. The imaging element according to claim 2, wherein the first through-substrate electrode is connected to the buried electrode via the boundary wiring line (see e.g. Figs. 33 and 35). 6. The imaging element according to 6, wherein the buried electrode is connected to a well region of the first semiconductor substrate (see wherein “well layer 42” is connected to 73/74/47/VSS in Fig. 35), and the first through-substrate electrode supplies a reference potential (see e.g. para 125, 127). 7. The imaging element according to claim 6, wherein the buried electrode is formed in a shape surrounding the pixel (see e.g. wherein 49/TG1/TG2/TG3/TG4 fully surrounds the pixel in Fig. 31; the line itself seems to “surround” at least two portions of the pixel; see also Fig. 33). 8. The imaging element according to claim 6, wherein a plurality of the pixels are disposed on the first semiconductor substrate (see e.g. Fig. 1). 9. The imaging element according to claim 8, wherein the buried electrode is commonly connected to the well region (e.g. see Fig. 35 wherein the buried electrode touches at least four “well layers 42”; see also Fig. 33; see also Fig. 32, wherein the buried electrode contacts at least four FD regions, which each would in turn connect to each “well layer 42” shown in Fig. 19 but which is omitted from the partial views shown in Figs. 32 and 35) of each pixel of a pixel group including two or more pixels among the plurality of pixels. 10. The imaging element according to claim 9, wherein the first through-substrate electrode is disposed for each of the pixel groups (see e.g. Figs. 31, 33, etc.). 11. The imaging element according to claim 8, wherein the first through-substrate electrode is disposed on the first semiconductor substrate outside the plurality of pixels (see e.g. Figs. 31, 33, etc.). 12. The imaging element according to claim 8, wherein the pixel circuit is disposed for each of pixel sharing units, each pixel sharing unit including two or more pixels among the plurality of pixels (see e.g. Figs. 31, 33, etc.). 13. The imaging element according to claim 12, further comprising: a second through-substrate electrode connected to the charge holding section; and a charge holding section wiring line disposed between the first semiconductor substrate and the second semiconductor substrate and connected in common to the second through-substrate electrode of each of the plurality of pixels included in the pixel sharing unit, wherein the charge holding section wiring line is connected to the pixel circuit (see e.g. Figs. 30-35). 14. The imaging element according to claim 12, further comprising: a charge transfer section wiring line that is disposed between the first semiconductor substrate and the second semiconductor substrate, transmits a control signal to the charge transfer section, and is commonly connected to the charge transfer sections of another piece of the pixel sharing units; and a second through-substrate electrode that is connected to the charge transfer section wiring line and supplies the control signal (see e.g. Figs. 30-35). 15. The imaging element according to claim 6, wherein the first through-substrate electrode is connected to a well region (see e.g. “well layer 42”, para 127, Figs. 19, 32, 35, etc.) in which an element of the pixel circuit is disposed, on the second semiconductor substrate. 16. The imaging element according to claim 6, wherein the buried electrode is formed in a band shape in plan view (see e.g. Figs. 31, 33). 17. The imaging element according to 17, wherein the buried electrode is connected to the charge holding section, and the first through-substrate electrode is connected to the pixel circuit (see e.g. Figs. 32, 35). 18. The imaging element according to 18, wherein a plurality of the pixels is disposed on the first semiconductor substrate, and the pixel circuit is disposed for each of pixel sharing units, each pixel sharing unit including two or more pixels among the plurality of pixels (see e.g. Figs. 1, 31, 33). 19. The imaging element according to claim 18, wherein the buried electrode is commonly connected to the charge holding section of each pixel in the pixel sharing unit (see e.g. Figs. 32, 35). 20. The imaging element according to 20, wherein the buried electrode is formed in a shape protruding from the first semiconductor substrate (see e.g. Figs. 32, 35, wherein at least a portion of 54 and 47 are partially within 10 and partially protruding out of 10 into 20), and the charge transfer section includes a MOS transistor 22 including a gate electrode having a height equal to or less than a protruding height of the buried electrode from the first semiconductor substrate (see e.g. Fig. 32). 21. The imaging element according to claim 6, wherein the first through-substrate electrode is connected to the well region (e.g. “well layer 42”) via a semiconductor region having (e.g. FD) formed on the first semiconductor substrate (see e.g. para 233, 241, etc.). 22. The imaging element according to claim 1, wherein the buried electrode includes silicon (see “polysilicon”, para 151). 23. The imaging element according to claim 1, wherein the isolating section has a shape penetrating the first semiconductor substrate (see e.g. Fig. 19). 24. The imaging element according to claim 1, wherein the isolating section is formed with an insulator (43 is made of e.g. “silicon oxide”, see para 133). 25. The imaging element according to claim 1, wherein the isolating section is formed with a semiconductor region (see “p-well layer 44”, para 44 and/or the “fixed electric charge film” 45). 27. The imaging element according to claim 1, wherein the charge transfer section is formed with a MOS transistor (see e.g. the RST, SEL, and SMP, see e.g. para 126-127) that includes: a channel region disposed in a protrusion formed on a front surface side of the first semiconductor substrate; and a gate electrode adjacent to a side surface of the protrusion via an insulating film (see e.g. insulating films like 21, 52 in 20), and that transfers the charge in a thickness direction of the first semiconductor substrate (see “CMOS” transistors, see e.g. para 127). 28. The imaging element according to claim 27, wherein the protrusion includes an annular groove shape on the front surface side of the first semiconductor substrate (e.g. see Figs. 31, 33). 29. The imaging element according to claim 27, wherein the gate electrode is formed in a shape surrounding (e.g. see Figs. 31, 33) a side surface of the protrusion. 30. The imaging element according to claim 27, wherein the charge holding section is disposed at an end of the protrusion (e.g. see Figs. 31, 33). 31. The imaging element according to claim 30, wherein the gate electrode is disposed to be separated from the charge holding section in a thickness direction of the first semiconductor substrate (e.g. see Figs. 19, 32, 35). 32. The imaging element according to claim 27, wherein the channel region is formed to have a conductivity type different from a conductivity type of a well region of the first semiconductor substrate (this is well-known in CMOS transistors, see e.g. para 127; because the channel region needs to be of a conductivity type opposite that of the source/drain electrodes for a channel to form). 33. An imaging device (e.g. 2, see e.g. Fig. 68 and para 281-282), comprising: pixels (e.g. 12, see e.g. Fig. 1) each disposed on a first semiconductor substrate (e.g. 10, and possibly further comprising elements or layers thereon, such as 40 and 50, see e.g. Fig. 19) and including a photoelectric conversion section (e.g. “photodiode 41”, see e.g. para 125, 127) that performs photoelectric conversion of incident light, a charge holding section (e.g. “floating diffusion FD”, see e.g. para 125) that holds a charge generated by the photoelectric conversion, and a charge transfer section (e.g. “transfer transistor TR”, see e.g. para 125) that transfers the charge from the photoelectric conversion section to the charge holding section (the “transfer gate TG” of a transistor may transfer the charge, see e.g. para 127); a pixel circuit (e.g. “readout circuit 22” including elements thereof and wirings connected thereto within 20, see e.g. para 121 and e.g. Fig. 19) that is disposed on a second semiconductor substrate (e.g. 20, see e.g. Fig. 19) stacked on a front surface side (e.g. top side of 10 as shown in Fig. 19) of the first semiconductor substrate and generates an image signal on a basis of the held charge (certainly 22 contributes to the image output, see e.g. para 121, 283, etc.); an isolating section (e.g. comprising at least “element separator 43”, see e.g. para 133 and Fig. 19) disposed at a boundary of the pixels (see e.g. Fig. 19); a buried electrode (e.g. 73 and/or 74 in Fig. 35; or 72 and/or 71 in Fig. 32) that is disposed by being buried in the front surface side of the first semiconductor substrate at a boundary of the pixel overlapping with the isolating section and is connected to the first semiconductor substrate (see e.g. Figs. 32 and 35); a first through-substrate electrode () connected to the buried electrode, wherein the first through-substrate electrode is coupled with a third semiconductor substrate that is stacked on a side of the second semiconductor substrate different from the side on which the first semiconductor substrate is disposed and that includes a circuit connected to the pixel circuit. a processing circuit that processes the generated image signal (see e.g. para 165, circuits in 30 in Fig. 1, etc.; see e.g. Fig. 68 and para 284, etc.). Figs. 32 and 35 are “modification examples” that replace portions of Fig. 19 (i.e. only the bottommost portions of 20 and the uppermost portions of 10), while not showing the entirety of unmodified parts of Fig. 19 (i.e. the upper portions of 20, all portions of 30, and the lowermost portions of 10 of Fig. 19). See for example, para 193, 198-200. As such, it seems that the modification falls within the scope of 35 USC 102 because the portions relied upon above are a single coherent embodiment. In any case, the obviousness of the modification of Fig. 19 to replace portions near the bottom of 20 and the top of 10 to instead include the portions shown in Fig. 32 or Fig. 35 is well within the skill of one of ordinary skill in the art at the time of invention, and the above rejection is proper under 35 USC 103. It has been established that “the [obviousness] analysis need not seek out precise teachings directed to the specific subject matter of the challenged claim” because the Office or “a court can take account of the inferences and creative steps that a person of ordinary skill in the art would employ.” KSR Int’ Co. v. Teleflex Inc., 550 U.S. 398, 418 (2007). It is also well settled that a reference stands for all of the specific teachings thereof as well as the inferences one of ordinary skill in the art would have reasonably been expected to draw therefrom. See In re Fritch, 972 F.2d 1260, 1264-65 (Fed. Cir. 1992). Response to Arguments Applicant's arguments with respect to the pending claims have been considered. Regarding the rejection over Nakazawa, Applicant states (see remarks filed 4/3/26, pages 12-13) “Nakazawa’s second substrate 20 and third substrate 30 are coupled together via Nakazawa’s coupling section 59, vertical signal line 24, pixel drive line 23, electrode pad 58, and wiring line 65”. However, this does not convincingly illustrate why Applicant then merely summarizes “therefore, Nakazawa fails to disclose, teach or suggest” the new limitation. See the rejections above where it is explained how Nakazawa does indeed teach or suggest the limitation. Conclusion Conclusion / Finality Applicant's amendment changed the scope of the claims and 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 extension fee 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 date of this final action. Conclusion / Prior Art The prior art made of record, because it is considered pertinent to applicant's disclosure, but which is not relied upon specifically in the rejections above, is listed on the Notice of References Cited. Conclusion / Contact Information Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kevin Parendo who can be contacted by phone at (571) 270-5030 or by direct fax at (571) 270-6030. The examiner can normally be reached Monday-Friday from 9 am to 4 pm ET. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Billy Kraig, can be reached at (571) 272-8660. The fax 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. /Kevin Parendo/Primary Examiner, Art Unit 2896
Read full office action

Prosecution Timeline

Jun 16, 2023
Application Filed
Dec 02, 2025
Non-Final Rejection (signed) — §102, §103
Jan 08, 2026
Non-Final Rejection mailed — §102, §103
Apr 03, 2026
Response Filed
Apr 28, 2026
Final Rejection mailed — §102, §103
Jun 23, 2026
Response after Non-Final Action

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Prosecution Projections

2-3
Expected OA Rounds
72%
Grant Probability
83%
With Interview (+11.3%)
2y 8m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 761 resolved cases by this examiner. Grant probability derived from career allowance rate.

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