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 Election/Restrictions Claims 17-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Invention II, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 10/20/2025. Applicant’s election without traverse of Invention I and Method Embodiment 3 in the reply filed on 10/20/2025 is acknowledged. Claim Status Newly added claims 212-4 in the reply filed on 10/20/2025 is acknowledged. Claim Rejections - 35 USC § 112 Claim 22 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 22 recites the limitation "a backside of the substrate to the position…" in the second line of the claim. There is insufficient antecedent basis for this limitation in the claim. As neither claim 21 or 22 recite a limitation for “ "a backside of the substrate to a position…", for purposes of examination, Examiner has interpreted “the position” as “a position”. 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. Claims 1-2,4,7-8,11,14,16, 21-22 and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Jung et al. (US 2019/0115388 A1, hereinafter Jung ‘388) in view of Wang et al. (US 2022/0045109 A1, hereinafter Wang ‘109) in further view of Lim et al. (US 2022/0336514 A1, hereinafter Lim ‘514), in view of the following arguments. With respect to Claim 1 Jung ‘388 discloses a method for forming an image sensor (Fig 1-2C) , the method comprising: forming a frontside deep trench isolation (FDTI) trench (trench for 231/235/237, Fig 2C, Para [0023]) from a frontside (Para [0023] discloses trench for 231/235/237 extends from frontside 251 as it states depth of 231 is less than depth of 235/237) of a substrate (201, Fig 2C, Para [0022]) between a first pixel region (first pixel region as shown in annotated Fig 2A of Jung ‘388, Para [0015 and 0020], hereinafter 1PR) and a second pixel region (second pixel region as shown in annotated Fig 2A of Jung ‘388, Para [0015 and 0020], hereinafter 2PR) adjacent to the first pixel region (location disclosed in annotated Fig 2A of Jung ‘388) ; filling the FDTI trench (trench for 231/235/237)(filling disclosed in Para [0023]) to form a FDTI structure (235/237, Fig 2C, Para [0023]) with a first depth (depth of 235/237 as show in annotated Fig 2C of Jung ‘388) ; forming a first photodiode (first 203 as shown in annotated Fig 2A of Jung ‘388, Para [0015 and 0020], hereinafter 1PD) in the first pixel region (1PR as shown in annotated Fig 2A of Jung ‘388) and a second photodiode (second 203 as shown in annotated Fig 2A of Jung ‘388, Para [0015 and 0020], hereinafter 2PD) in the second pixel region (2PR as shown in annotated Fig 2A of Jung ‘388) , wherein the first photodiode (1PD) and the second photodiode (2PD) ; and forming a floating diffusion (FD) node (205, Fig 2A, Para [0022]) between the first pixel region (1PR) and the second pixel region (2PR) , wherein the FD node (205) overlies the FDTI structure (Fig 2C discloses 205 overlies 235/237) . But Jung ‘388 fails to explicitly disclose forming a cap layer over the FDTI structure and overlying the first pixel region and the second pixel region of the substrate, a floating diffusion (FD) node within the cap layer. Nevertheless, in a related endeavor (Fig 1-7A of Wang ‘109) , Wang ‘109 teaches forming a cap layer (120, Fig 1 of Wang ‘109, Para [0040]) over the FDTI structure (106, Fig 1 of Wang ‘109, Para [0040]) and overlying the first pixel region (left 110 as shown in annotated Fig 1 of Wang ‘109, Para [0034]) and the second pixel region (right 110 as shown in annotated Fig 1 of Wang ‘109, Para [0034])) of the substrate (104, Fig 1 of Wang ‘109, Para [0033]), a floating diffusion (FD) node within the cap layer (120)(Fig 7A of Wang ‘109 discloses 120 over substrate and pixel regions and under wiring layers and that contacts from the substrate are located in the capping layer, therefore the FD node would be within the cap layer 120). Therefore, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate Wang ‘109’s teaching of forming a cap layer over the FDTI structure and overlying the first pixel region and the second pixel region of the substrate into Jung ‘388’s method. Jung ‘388 teaches a semiconductor layer for an image sensor but does not provide details on that layer. So the ordinary artisan would look to Wang ‘109 as Wang ‘109 teaches a material details on the semiconductor layer. The ordinary artisan would have been further motivated to modify Jung ‘388 in the manner set forth above, at least, because, in Para [0040] Jung ‘388 teaches the cap layer prevents crystalline damage to the device layer below it which, the one of ordinary skill in the art would recognize would increase the reliability of the device. As incorporated, the capping layer (120) of Wang ‘109 would overlay the first (1PR) and second pixel region (2PR) of Jung ‘388 and as the incorporated capping layer 120 of Wang ‘109 is on the top of the substrate (201) of Jung ‘388, the floating diffusion node (205) of Jung ‘388 would be incorporated within the capping layer (120) as described above. But Jung ‘388 as modified by Wang ‘109 fails to explicitly disclose the first photodiode and the second photodiode are of a first doping type; and a floating diffusion (FD) node of the first doping type. Nevertheless, in a related endeavor (Fig 1-22 of Lim ‘514) , Lim ‘514 teaches the first photodiode (leftmost 110, Fig 7A of Lim ‘514, Para [0080]) and the second photodiode (rightmost 110, Fig 7A of Lim ‘514, Para [0080]) are of a first doping type (Para [0080] of Lim ‘514 disclose 110 as n-type) ; and a floating diffusion (FD) node (FD, Fig 7A of Lim ‘514, Para [0048]) of the first doping type (Para [0048] of Lim ‘514 discloses FD as n-type (second conductivity type of Lim ‘514)) . Therefore, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate Lim ‘514’s teaching of the first photodiode and the second photodiode are of a first doping type; and a floating diffusion (FD) node of the first doping type into Jung ‘388 as modified by Wang ‘109’s method. Jung ‘388 as modified by Wang ‘109 teaches PD regions and floating diffusion nodes but does not provide details on the doping of those parts. So the ordinary artisan would look to Lim ‘514 as Lim ‘514 teaches doping details for the above regions. The ordinary artisan would have been further motivated to modify Jung ‘388 as modified by Wang ‘109 in the manner set forth above, at least, because, in Para [0028] Lim ‘514 states the taught the conductivity types of the pixel regions and floating diffusion regions allow flow of holes caused by incident light in the pixel region, to accumulate and transfer to the floating diffusion regions which can then be read as an electrical signal by the device. As incorporated, the teaching of Lim ‘514 of the first photodiode, the second photodiode and a floating diffusion node are of a first doping type would be incorporated into Jung ‘388 as modified by Wang ‘109 so that (1PD), (2PD) and (205) of Jung ‘388 as modified by Wang ‘109 would all be the same first doping type. With respect to Claim 2 Jung ‘388 as modified by Wang ‘109 and further modified by Lim ‘514 discloses all limitations of the method of claim 1, and Jung ‘388 as modified by Wang ‘109 and further modified by Lim ‘514 further discloses wherein the FD node (205) is formed to be spaced apart from the FDTI structure (235/237) by the cap layer (120 of Jung ‘388 as modified by Wang ‘109 described above)(as incorporated the cap layer 120 of Jung ‘388 as modified by Wang ‘109 is over the substrate 201, and as described above FD (205) is with the cap layer, therefore, the cap layer 120 would space apart (it is between) the FDTI structure (235/237) from the FD node (205)) . With respect to Claim 4 Jung ‘388 as modified by Wang ‘109 and further modified by Lim ‘514 discloses all limitations of the method of claim 1, and Jung ‘388 as modified by Wang ‘109 and further modified by Lim ‘514 further discloses wherein the cap layer (120 of Jung ‘388 as modified by Wang ‘109 described above) is formed with a cap-shaped stop layer (231, Fig 2C of Jung ‘388, Para [0023]) formed between the cap layer (120 of Jung ‘388 as modified by Wang ‘109 described above) and the FDTI structure (235/237)(Fig 2C of Jung ‘388 discloses 231 over FDTI structures 235/237 and as described above, the cap layer 120 of Wang ‘109 incorporated in Jung ‘388 is over the structure 231) . With respect to Claim 7 Jung ‘388 as modified by Wang ‘109 and further modified by Lim ‘514 discloses all limitations of the method of claim 1, and Jung ‘388 as modified by Wang ‘109 and further modified by Lim ‘514 discloses further comprising: after forming the cap layer (120 of Wang ‘109 as incorporated in Jung ‘388)(Fig 7A and Para [0062] of Wang ‘109 teaches forming the cap layer 120 then forming gate contact structures) , forming a first gate structure (left 207 as shown in annotated Fig 2C of Jung ‘388, Para [0022]) over the first photodiode (1PD) and a second gate structure (right 207 as shown in annotated Fig 2C of Jung ‘388, Para [0022]) over the second photodiode (2PD) ; and And Wang ‘109 further discloses forming an interlayer dielectric (ILD) layer (714, Fig 7A of Wang ‘109, Para [0064]) over the first gate structure (leftmost 706 structure, as shown in annotated Fig 7A of Wang ‘109, Para [0064]) and the second gate structure (rightmost 706 structure, as shown in annotated Fig 7A of Wang ‘109, Para [0064]) and the cap layer (120) . Therefore, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate Wang ‘109’s further teaching of forming an interlayer dielectric (ILD) layer over the first gate structure and the second gate structure and the cap layer into Jung ‘388 as modified by Wang ‘109 and further modified by Lim ‘514’s method. The ordinary artisan would have been motivated to modify Jung ‘388 as modified by Wang ‘109 and further modified by Lim ‘514 in the manner set forth above, at least, because, as Wang ‘109 teaches in Para [0064], the ILD layer separates the cap layer and the gate structures. The ILD layer would provide a layer of dielectric material between the cap layer and the contacts which would reduce parasitic capacitance between those structures. As incorporated, the (ILD) layer (714) over the first gate structure (leftmost 706 structure) and the second gate structure (rightmost 706 structure) and the cap layer (120) of Wang ‘109 would be incorporated in Jung ‘388 as modified by Wang ‘109 and further modified by Lim ‘514’s method so that ILD (714) is over first and second gate structures (leftmost 207 and rightmost 207) and the cap layer (120) of Jung ‘388 as modified by Wang ‘109 and further modified by Lim ‘514. With respect to Claim 8 Jung ‘388 as modified by Wang ‘109 and further modified by Lim ‘514 discloses all limitations of the method of claim 7, and Jung ‘388 as modified by Wang ‘109 and further modified by Lim ‘514 discloses further comprising: forming a first gate contact (gate terminals of leftmost 207, as shown in annotated Fig 2C of Jung ‘388, Para [0022]) and a second gate contact (gate terminals of rightmost 207, as shown in annotated Fig 2C of Jung ‘388, Para [0022]) through the ILD layer (714 of Wang ‘109 as incorporated in Jung ‘388) and respectively reaching the first gate structure and the second gate structure (Para [0022] of Jung ‘388 discloses first and second gate terminals of 207 extend from the substrate, therefore they would extend through the incorporated ILD 714 to contact gates) ; and forming a FD contact (241, Fig 2A of Jung ‘388, Para [0015] discloses 141 as interconnect between FD 105 and 107, these are analogous to the structures 241, 205 and 207 of Fig 2A of Jung ‘388) through the ILD layer (714 of Wang ‘109 as incorporated in Jung ‘388)) and reaching on the FD node (205) , wherein the FD node (205) is configured to be shared by the first pixel region (1PR) and the second pixel region (2PR)(Para [0015] discloses FD node (105) is shared (reaches) by photodiodes 103. These structures, as disclosed by Para [0020] are analogous to the structures 205, 203, 207, 241 of Fig 2A) . With respect to Claim 11 Jung ‘388 discloses a method for forming an image sensor (Fig 1-2C) , the method comprising: forming a frontside deep trench isolation (FDTI) structure (231/235/237, Fig 2C, Para [0023]) from a frontside (251, Para [0023] discloses trench for 231/235/237 extends from frontside 251 as it states depth of 231 is less than depth of 235/237) of a substrate (201, Fig 2C, Para [0022]) separating a plurality of pixel regions (first pixel region and second pixel region as shown in annotated Fig 2A of Jung ‘388, Para [0015 and 0020], hereinafter 1PR and 2PR) arranged in rows and columns from a top view (arrangement of pixel regions in rows and columns disclosed in annotated Fig 2A of Jung ‘388) ; forming a plurality of photodiodes (first 203 and second 203 as shown in annotated Fig 2A of Jung ‘388, Para [0015 and 0020], hereinafter 1PD and 2PD) and extending in the substrate (201) ; and forming a floating diffusion (FD) node (205, Fig 2A, Para [0022]) shared by a group of pixel regions (1PR and 2PR) within the plurality of pixel regions (first pixel region and second pixel region as shown in annotated Fig 2A of Jung ‘388, Para [0015 and 0020], hereinafter 1PR and 2PR) (Para [0015] discloses FD node (105) is shared by photodiodes 103. These structures, as disclosed by Para [0020] are analogous to the structures 205, 203, 207, 241 of Fig 2A) , wherein the FD node (205) is arranged at a crossroad (crossroad disclosed in annotated Fig 2A of Jun ‘388) of the group of pixel regions (1PR and 2PR) overlying the FDTI structure (231/235/237)(205 overlaying the FDTI disclosed in Fig 2C) . But Jung ‘388 fails to explicitly disclose forming a cap layer over the FDTI structure and overlying the plurality of pixel regions, a floating diffusion (FD) within the cap layer. Nevertheless, in a related endeavor (Fig 1-7A of Wang ‘109) , Wang ‘109 teaches forming a cap layer (120, Fig 1 of Wang ‘109, Para [0040]) over the FDTI structure (106, Fig 1 of Wang ‘109, Para [0040]) and overlying the plurality of pixel regions (left and right 110 as shown in annotated Fig 1 of Wang ‘109, Para [0034]) , a floating diffusion (FD) within the cap layer (120)(Fig 7A of Wang ‘109 discloses 120 over substrate and pixel regions and under wiring layers and that contacts from the substrate are located in the capping layer, therefore the FD node would be within the cap layer 120) . Therefore, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate Wang ‘109’s teaching of forming a cap layer over the FDTI structure and overlying the plurality of pixel regions, a floating diffusion (FD) within the cap layer into Jung ‘388’s method. The ordinary artisan would have been motivated to modify Jung ‘388 in the manner set forth above, at least, because, in Para [0040] Jung ‘388 teaches the cap layer prevents crystalline damage to the device layer below it which, the one of ordinary skill in the art would recognize would increase the reliability of the device. As incorporated, the capping layer (120) of Wang ‘109 would overlay the first (1PR) and second pixel region (2PR) of Jung ‘388 and as the incorporated capping layer 120 of Wang ‘109 is on the top of the substrate (201) of Jung ‘388, the floating diffusion node (205) of Jung ‘388 would be incorporated within the capping layer (120) as described above. But Jung ‘388 as modified by Wang ‘109 fails to explicitly disclose photodiodes of a first doping type; and a floating diffusion (FD) node of the first doping type. Nevertheless, in a related endeavor (Fig 1-22 of Lim ‘514) , Lim ‘514 teaches the first photodiode (leftmost 110, Fig 7A of Lim ‘514, Para [0080]) and the second photodiode (rightmost 110, Fig 7A of Lim ‘514, Para [0080]) are of a first doping type (Para [0080] of Lim ‘514 disclose 110 as n-type) ; and a floating diffusion (FD) node (FD, Fig 7A of Lim ‘514, Para [0048]) of the first doping type (Para [0048] of Lim ‘514 discloses FD as n-type (second conductivity type of Lim ‘514)) . Therefore, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate Lim ‘514’s teaching of photodiodes are of a first doping type; and a floating diffusion (FD) node of the first doping type into Jung ‘388 as modified by Wang ‘109’s method. Jung ‘388 as modified by Wang ‘109 teaches PD regions and floating diffusion nodes but does not provide details on the doping of those parts. So the ordinary artisan would look to Lim ‘514 as Lim ‘514 teaches doping details for the above regions. The ordinary artisan would have been further motivated to modify Jung ‘388 as modified by Wang ‘109 in the manner set forth above, at least, because, in Para [0028] Lim ‘514 states the taught the conductivity types of the pixel regions and floating diffusion regions allow flow of holes caused by incident light in the pixel region, to accumulate and transfer to the floating diffusion regions which can then be read as an electrical signal by the device. As incorporated, the teaching of Lim ‘514 of the photodiodes and a floating diffusion node are of a first doping type would be incorporated into Jung ‘388 as modified by Wang ‘109 so that (1PD), (2PD) and (205) of Jung ‘388 as modified by Wang ‘109 would all be the same first doping type. With respect to Claim 14 Jung ‘388 as modified by Wang ‘109 and further modified by Lim ‘514 discloses all limitations of the method of claim 11, and Jung ‘388 as modified by Wang ‘109 and further modified by Lim ‘514 discloses further comprising: forming a plurality of gate structures (left and right 207 as shown in annotated Fig 2C of Jung ‘388, Para [0022]) over the plurality of photodiodes (1PD and 2PD) ; And Wang ‘109 further teaches forming an interlayer dielectric (ILD) layer (714, Fig 7A of Wang ‘109, Para [0064]) over the plurality of gate structures (left and right 207 as shown in annotated Fig 2C of Jung ‘388) and the cap layer (120 of Wang ‘109 as incorporated in Jung ‘388 as disclosed above) ; and Therefore, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate Wang ‘109’s further teaching of forming an interlayer dielectric (ILD) layer over the plurality of gate structures and the cap layer into Jung ‘388 as modified by Wang ‘109 and further modified by Lim ‘514’s method. The ordinary artisan would have been motivated to modify Jung ‘388 as modified by Wang ‘109 and further modified by Lim ‘514 in the manner set forth above, at least, because, as Wang ‘109 teaches in Para [0064], the ILD layer separates the cap layer and the gate structures. The ILD layer would provide a layer of dielectric material between the cap layer and the contacts which would reduce parasitic capacitance between those structures. As incorporated, the (ILD) layer (714) over the gate structure (leftmost and rightmost 706 structure) and the cap layer (120) of Wang ‘109 would be incorporated in Jung ‘388 as modified by Wang ‘109 and further modified by Lim ‘514’s method so that ILD (714) is over gate structures (leftmost 207 and rightmost 207) and the cap layer (120) of Jung ‘388 as modified by Wang ‘109 and further modified by Lim ‘514. Further, Jung ‘388 as modified by Wang ‘109 and further modified by Lim ‘514 discloses forming a single FD contact (241, Fig 2A of Jung ‘388, Para [0015] discloses 141 as interconnect between FD 105 and 107, these are analogous to the structures 241, 205 and 207 of Fig 2A of Jung ‘388) through the ILD layer (714 of Lim ‘514 as incorporated above) and reaching on the FD node (205) (Para [0015] discloses FD node (105) is shared (reaches) by photodiodes 103. These structures, as disclosed by Para [0020] are analogous to the structures 205, 203, 207, 241 of Fig 2A) . With respect to Claim 16 Jung ‘388 as modified by Wang ‘109 and further modified by Lim ‘514 discloses all limitations of the method of claim 11, and Lim ‘514 discloses further comprising forming a plurality of color filters (303, Fig 3 of Lim ‘514, Para [0066]) at a backside (disclosed in Fig 3 of Lim ‘514 and Para [0067]) of the substrate (100, Fig 3 of Lim ‘514, Para [0067]) corresponding to the plurality of photodiodes (110, Fig 3 of Lim ‘514, Para [0067])(Fig 3 of Lim ‘514 discloses color filters corresponding to 110) , wherein the plurality of color filters (303) meet the plurality of photodiodes (110) at interfaces overlying the FDTI structure (150, Fig 3 of Lim ‘514, Para [0033])(Fig 3 of Lim ‘514 discloses 110 meeting 150 at overlying interfaces) . Therefore, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate Lim ‘514’s further teaching of forming a plurality of color filters at a backside of the substrate corresponding to the plurality of photodiodes, wherein the plurality of color filters meet the plurality of photodiodes at interfaces overlying the FDTI structure into Jung ‘388 as modified by Wang ‘109 and further modified by Lim ‘514. The ordinary artisan would have been motivated to modify Jung ‘388 as modified by Wang ‘109 and further modified by Lim ‘514 in the manner set forth above, at least, because as Lim ‘514 teaches in [0068] the color filters can be configured to allow different colors to the photodiodes thereby adding functionality to the imaging device. As incorporated, the plurality of color filters (303) at a backside of the substrate corresponding to the plurality of photodiodes (110), wherein the plurality of color filters (303) meet the plurality of photodiodes (110) at interfaces overlying the FDTI structure (150) further taught by Lim ‘514 would be incorporated in Jung ‘388 as modified by Wang ‘109 and further modified by Lim ‘514’s method so the photodiodes (303) of Lim ‘514 would be used overlaying photodiodes (1PD and 2PD) and FDTI (231/235/237) of Jung ‘388 as modified by Wang ‘109 and further modified by Lim ‘514. With respect to Claim 21 Jung ‘388 discloses a method (Fig 1-2C) , comprising: a substrate (201, Fig 2C, Para [0022]) having a first pixel region (first pixel region as shown in annotated Fig 2A of Jung ‘388, Para [0015 and 0020], hereinafter 1PR) and a second pixel region (second pixel region as shown in annotated Fig 2A of Jung ‘388, Para [0015 and 0020], hereinafter 2PR) adjacent to the first pixel region (location disclosed in annotated Fig 2A of Jung ‘388) ; forming a first photodiode (first 203 as shown in annotated Fig 2A of Jung ‘388, Para [0015 and 0020], hereinafter 1PD) and a second photodiode (second 203 as shown in annotated Fig 2A of Jung ‘388, Para [0015 and 0020], hereinafter 2PD) extending into the substrate (201)(extension disclosed in Fig 2C) , forming a frontside deep trench isolation (FDTI) structure (235/237, Fig 2C, Para [0023]) between the first photodiode (1PD) and the second photodiode (2PD)(235/237 between 1PR and 2PD is disclosed in Fig 2C) ; and forming a floating diffusion (FD) node (205, Fig 2A, Para [0022]) and spaced apart (disclosed in Fig 2C) from the FDTI structure (235/237) . But Jung ‘388 fails to explicitly disclose forming a cap layer over a frontside of a substrate; a first photodiode and a second photodiode extending from the cap layer, a floating diffusion within the cap and spaced apart from the FDTI structure by the cap layer. Nevertheless, in a related endeavor (Fig 1-7A of Wang ‘109) , Wang ‘109 teaches forming a cap layer (120, Fig 1 of Wang ‘109, Para [0040]) over a frontside (top of 110 as shown in Fig 1 of Wang ‘109) of a substrate (104, Fig 1 of Wang ‘109, Para [0033]) ; a first photodiode (leftmost 110, Fig 1 of Wang ‘109, Para [0034]) and a second photodiode (center 110, Fig 1 of Wang ‘109, Para [0034]) extending from the cap layer (120)(Fig 1 of Wang ‘109 discloses 110 extending form 120) , a floating diffusion (FD) node within the cap layer (120)(Fig 7A of Wang ‘109 discloses 120 over substrate and pixel regions and under wiring layers and that contacts from the substrate are located in the capping layer, therefore the FD node would be within the cap layer 120) and spaced apart from the FDTI (235/237) by the cap layer (120 of Jung ‘388 as modified by Wang ‘109 described above)(as incorporated the cap layer 120 of Jung ‘388 as modified by Wang ‘109 is over the substrate 201, and as described above FD (205) is with the cap layer, therefore, the cap layer 120 would space apart (it is between) the FDTI structure (235/237) from the FD node (205)) . Therefore, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate Wang ‘109’s teaching of forming a cap layer over a frontside of a substrate; a first photodiode and a second photodiode extending from the cap layer, a floating diffusion within the cap and spaced apart from the FDTI structure by the cap layer into Jung ‘388’s method. Jung ‘388 teaches a semiconductor layer for an image sensor but does not provide details on that layer. So the ordinary artisan would look to Wang ‘109 as Wang ‘109 teaches a material details on the semiconductor layer. The ordinary artisan would have been further motivated to modify Jung ‘388 in the manner set forth above, at least, because, in Para [0040] Jung ‘388 teaches the cap layer prevents crystalline damage to the device layer below it which, the one of ordinary skill in the art would recognize would increase the reliability of the device. As incorporated, the capping layer (120) of Wang ‘109 would overlay the first (1PD) and second pixel region (2PD) of Jung ‘388 and as the incorporated capping layer 120 of Wang ‘109 is on the top of the substrate (201) of Jung ‘388, the floating diffusion node (205) of Jung ‘388 would be incorporated within the capping layer (120) and the FD (205) and FDTI (235/237) would be spaced apart by the cap layer as described above. But Jung ‘388 as modified by Wang ‘109 fails to explicitly disclose wherein the first photodiode and the second photodiode are of a first doping type; a floating diffusion (FD) node of the first doping type. Nevertheless, in a related endeavor (Fig 1-22 of Lim ‘514) , Lim ‘514 teaches the first photodiode (leftmost 110, Fig 7A of Lim ‘514, Para [0080]) and the second photodiode (rightmost 110, Fig 7A of Lim ‘514, Para [0080]) are of a first doping type (Para [0080] of Lim ‘514 disclose 110 as n-type) ; and a floating diffusion (FD) node (FD, Fig 7A of Lim ‘514, Para [0048]) of the first doping type (Para [0048] of Lim ‘514 discloses FD as n-type (second conductivity type of Lim ‘514)) . Therefore, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate Lim ‘514’s teaching of the first photodiode and the second photodiode are of a first doping type; and a floating diffusion (FD) node of the first doping type into Jung ‘388 as modified by Wang ‘109’s method. Jung ‘388 as modified by Wang ‘109 teaches PD regions and floating diffusion nodes but does not provide details on the doping of those parts. So the ordinary artisan would look to Lim ‘514 as Lim ‘514 teaches doping details for the above regions. The ordinary artisan would have been further motivated to modify Jung ‘388 as modified by Wang ‘109 in the manner set forth above, at least, because, in Para [0028] Lim ‘514 states the taught the conductivity types of the pixel regions and floating diffusion regions allow flow of holes caused by incident light in the pixel region, to accumulate and transfer to the floating diffusion regions which can then be read as an electrical signal by the device. As incorporated, the teaching of Lim ‘514 of the first photodiode, the second photodiode and a floating diffusion node are of a first doping type would be incorporated into Jung ‘388 as modified by Wang ‘109 so that (1PD), (2PD) and (205) of Jung ‘388 as modified by Wang ‘109 would all be the same first doping type. With respect to Claim 22 Jung ‘388 as modified by Wang ‘109 and further modified by Lim ‘514 discloses all limitations of the method of claim 21, and Jung ‘388 further discloses wherein the FDTI structure (235/237) is formed with a width monotonically increasing (Fig 2C of Jung ‘388 discloses that the width of 235/237 neither increases or decreases) from a backside of the substrate (253, Fig 2C of Jung ‘388, Para [0023]) to the position (Reference Examiner’s interpretation above of “the position” as “a position”) (top of structure 235/237 as shown in Fig 2C of Jung ‘388) within the substrate (201) . With respect to Claim 24 Jung ‘388 as modified by Wang ‘109 and further modified by Lim ‘514 discloses all limitations of the method of claim 23, and Jung ‘388 further discloses wherein the FDTI structure (235/237) is formed with a planar-shaped bottom (Fig 2C discloses the contact surfaces of 231 and 235/237 as planar shaped) sitting on the cap-shaped stop layer (231, Fig 2C, Para [0023]) . Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Jung ‘388 in view of Wang ‘109 in view of Lim ‘514, in further view of Charavel , Rémy & Laconte , Jean & Raskin , Jean-Pierre. (2003). Advantages of p++ polysilicon etch stop layer versus p++ silicon. Proc SPIE. 5116. 10.1117/12.498107, herein after Charavel et al. in view of the following arguments. With respect to Claim 10 Jung ‘388 as modified by Wang ‘109 and further modified by Lim ‘514 discloses all limitations of the method of claim 1, and Wang ‘109 discloses further wherein the cap layer (120) includes polysilicon (Para [0040] discloses 120 as silicon) . But Jung ‘388 as modified by Wang ‘109 and further modified by Lim ‘514 fails to explicitly discloses polysilicon. Nevertheless in a related endeavor Charavel et al. teaches the use of polysilicon in a cap layer. Therefore, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate Charavel et al. ’s teaching of using polysilicon into Jung ‘388 as modified by Wang ‘109 and further modified by Lim ‘514’s method. The ordinary artisan would have been motivated to modify Jung ‘388 as modified by Wang ‘109 and further modified by Lim ‘514 in the manner set forth above, at least, because, as Charavel et al. teaches in the Abstract, “ Another great advantage of polysilicon is that it can be deposited at any process step and does not require clever epitaxy steps or wafer bonding as for silicon ”. Therefore the person having ordinary skill in the art would be motivated to use the polysilicon taught by Charavel et al, as it would lead to a simpler deposition process than silicon. As incorporated, the polysilicon taught by Charavel et al. would be used ap layer (120) of Jung ‘388 as modified by Wang ‘109 and further modified by Lim ‘514. Allowable Subject Matter Claims 3,5-6,9,12-13,15 and 23 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Allowable material has been indicated because the clo sest prior art of record, Jung et al. (US 2019/0115388 A1), Wang et al. (US 2022/0045109 A1) in further view of Lim et al. (US 2022/0336514 A1), either alone or in combination, fails to teach or fairly suggest the features below: Regarding claim 3, “ wherein the FDTI trench is partially filled with the FDTI structure, and wherein the cap layer is formed within a remaining upper portion of the FDTI trench ”. Regarding claim 5, “ wherein the FDTI trench is partially filled with the FDTI structure; and wherein a stop layer is formed between the cap layer and the FDTI structure and is formed within a remaining upper portion of the FDTI trench and contacting the FDTI structure ”. Regarding claim 6, “ wherein both the cap layer and the stop layer contact the FDTI structure ”. Regarding claim 9, “ flipping the substrate and performing a thinning down process from a backside of the substrate to expose the FDTI structure ”. Regarding claim 12, “ wherein the cap layer is formed by thermal melting or epitaxy with a conical-shaped void formed between the cap layer and the FDTI structure”. Regarding claim 13 , “comprising forming a stop layer with a conical shape between the cap layer and the FDTI structure and is formed within a remaining upper portion of the FDTI trench contacting the FDTI structure”. Regarding Claim 15 , “wherein the FDTI structure is subsequently replaced with a replaced FDTI structure comprising a stack of metal and dielectric layers including a high-k dielectric liner from a backside of the substrate”. Regarding claim 23 , “forming a cap-shaped stop layer between the cap layer and the FDTI structure prior to the formation of the FDTI structure”. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT PAUL A. BERRY whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (703)756-5637 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT M-F 8-5 EST . Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, FILLIN "SPE Name?" \* MERGEFORMAT Julio Maldonado can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT 571-272-1864 . The fax phone 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. /PAUL A BERRY/ Examiner, Art Unit 2898 /JULIO J MALDONADO/ Supervisory Patent Examiner, Art Unit 2898