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 with traverse of Group I, Species I in the reply filed on 11/25/2025 is acknowledged. The traversal is on the ground(s) that a serious search and/or examination burden on the Examiner if restriction is not required. This is not found persuasive because aside from the different inventions having different specific classifications different keyword searches would be needed to search for features specific to the identified species such as the particular forming steps of claims 12-17 and the features such as the backside incidence of the other species. It is noted that if any withdrawn claims are found to require all the limitations of an ultimately allowable elected claim those withdrawn claims will be considered for rejoinder
The requirement is still deemed proper and is therefore made FINAL.
Claims 5-6 and 12-17 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Invention or Species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 11/25/2025.
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.
Claim 11 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.
The term “about” in claim 11 is a relative term which renders the claim indefinite. The term “about” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. It is unclear whether the term “about 1015 dopant atoms per cubic centimeter (cm-3)” and “about 1017 cm-3” requires the concentration to be for example with an order of magnitude of the stated values or for example it should be exactly those values plus or minus an error.
Claim Rejections - 35 USC § 103
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 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 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.
Claims 1-4, 7, 9 and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Na et. Al. (US 20170062508 A1 hereinafter Na) and further in view of Shin et. Al. (US 20140361355 A1 hereinafter Shin).
Regarding claims 1 and 18, Na teaches in Fig, 14 with associated text a front-side irradiated sensor element, comprising: a first layer 1402 including a base 1402 of p-doped silicon (Fig. 14) and a zone 1404 of n-doped silicon (Fig. 14) arranged within the base, wherein the zone is aligned to an epitaxy side of the first layer (upper side) (Fig. 14); a second epitaxial layer (1308 and 1310) arranged on the epitaxy side of first layer (Fig. 14, SiGe is formed by epitaxy [0027]), the second epitaxial layer comprising a semiconductor having a narrower bandgap than the silicon [0027]; and one or more electrode structures (1420 and 1430 for example) arranged on the epitaxy side of the first epitaxial layer, adjacent the second epitaxial layer (Fig. 14).
Na does not specify a p-doped silicon substrate, the first layer is a first epitaxial layer arranged on the substrate and the zone is spaced apart from the substrate.
Shin discloses in Figs. 6 with associated text a front-side irradiated sensor element similar to that of Na comprising a p-doped silicon substrate 101, a first epitaxial layer 105 arranged on the substrate and a zone 111 spaced apart from the substrate (Fig. 6, [0047]-[0048]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use a structure similar to that of Shin for the first layer of Na so that the device comprises a p-doped silicon substrate, the first layer is a first epitaxial layer arranged on the substrate and the zone is spaced apart from the substrate because according to Shin such a structure is useful to provide a CMOS image sensor with improved electric characteristics [0004].
Regarding claim 2, Na teaches an array of contacts (connection for gate control signals 1338 and 1322) configured to make ohmic contact with the one or more electrode structures (Fig. 14, [0034] and [0094]-[0095]), wherein the sensor element is an element of an imaging sensor array [0034].
Regarding claim 3, Na in view of Shin teaches a silicon substrate (101 of Shin) arranged opposite the epitaxy side of the first epitaxial layer 105, wherein the first epitaxial layer is arranged on the silicon substrate (Fig. 6 of Shin).
Regarding claim 4, Na teaches a focusing lenslet [0093] arranged adjacent the epitaxy side of the first epitaxial layer [0093].
Regarding claim 7, Na teaches said semiconductor comprises germanium (Fig. 14).
Regarding claims 9 and 19, Na in view of Shin teaches the sensor element of claim 1 wherein the second epitaxial layer and dopant concentrations therein (Fig. 14).
Na does not specify the second epitaxial layer and dopant concentrations therein control an electric-field gradient in the zone of n-doped silicon.
Language in an apparatus or product claim directed to the function, operation, intent-of-use, and materials upon which the components of the structure work that does not structurally limit the components or patentably differentiate the claimed apparatus or product from an otherwise identical prior art structure will not support patentability. See, e.g., In re Rishoi, 197 F.2d 342, 344-45 (CCPA 1952); In re Otto, 312 F.2d 937, 939-40 (CCPA 1963); In re Ludtke, 441 F.2d 660, 663-64 (CCPA 1971); In re Yanush, 477 F.2d 958, 959 (CCPA 1973). The patentability of an apparatus claim depends only on the claimed structure, not on the use or purpose of that structure, Catalina Mktg. Int’l, Inc. v. Coolsavings.com, Inc., 289 F.3d 801, 809 (Fed. Cir. 2002), or the function or result of that structure. In re Danly, 263 F.2d 844, 848 (CCPA 1959). Please also see M.P.E.P. 2114 [R-1].
The following italicized limitations of claims 9 and 19 lines 2-3 are understood to be functional (i.e. control an electric-field gradient in the zone of n-doped silicon): The limitation describes purpose, function, operation, or intent-of-use of the second epitaxial layer and dopant concentrations therein. However, the claim does not disclose a sufficient structure which supports the function. Since Na shows an identical structure as claimed, namely a second epitaxial layer and dopant concentrations therein, the Examiner submits that the second epitaxial layer and dopant concentrations therein is capable of or would be obvious to make capable of producing the claimed results.
Claim 8 are rejected under 35 U.S.C. 103 as being unpatentable over Na and Shin and further in view of Sze. (US 20200105812 A1 hereinafter Sze).
Regarding claim 8, Na in view of Shin teaches the sensor element of claim 1 wherein the one or more electrode structures include at least two gates (1420 and 1430 of Na), and wherein the sensor element is an element of an imaging time-of-flight imaging sensor array [0090]..
Na does not specify the at least two gates are polysilicon gates.
Sze teaches a device similar to Na in view of Shin wherein at least two polysilicon gates 324 are used [0046].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use polysilicon as taught by Sze for the gates of Na in view of Shin because according to Sze polysilicon is suitable as a gate material [0046] furthermore polysilicon gates are extremely well known in the art before the effective filing date of the claimed invention, It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have “polysilicon gates”, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Claims 10-11 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Na and Shin and further in view of Lu (US 20210066529 A1 hereinafter Lu).
Regarding claims 10 and 20, Na in view of Shin teaches the sensor element of claims 1 and 18.
Na does not specify the second epitaxial layer supports a gradient of dopant concentration
Lu teaches a device similar to Na in view of Shin a second epitaxial layer 11 supports a gradient of dopant concentration [0128][.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use a gradient doping concentration as taught by Lu in the second epitaxial layer of Na in view of Shin because according to Lu such a gradient of dopant concentration facilitates the moving of the carriers [0273].
Regarding claim 11, Na in view of Shin and Lu teaches the sensor element of claim 10 wherein said semiconductor comprises germanium (Fig. 14).
Na does not specify the gradient increases from about 1015 dopant atoms per cubic centimeter (cm-3) at the epitaxy side and extends to about 1017 cm3 however Lu teaches a second semiconductor layer having doping concentrations going from 1012-1016 dopant atoms per cubic centimeter (cm-3) at the epitaxy side and extends to about 1016-1020 cm-3 [0107] and therefore envisions the gradient increases from about 1015 dopant atoms per cubic centimeter (cm-3) at the epitaxy side and extends to about 1017 cm3.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use a gradient doping concentration similar to that taught by Lu in the second epitaxial layer of Na in view of Shin because according to Lu such a gradient of dopant concentration facilitates the moving of the carriers [0273] furthermore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to make the gradient increases from about 1015 dopant atoms per cubic centimeter (cm-3) at the epitaxy side and extends to about 1017 cm3 with routine experiment and optimization. In re Woodruff, 16 USPQ2d 1935, 1937 (Fed. Cir. 1990). See also In re Boesch, 205 USPQ 215 (CCPA) (discovery of optimum value of result effective variable in known process is ordinarily within skill of art) and In re Aller, 105 USPQ 233 (CCPA 1955) (selection of optimum ranges within prior art general conditions is obvious).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AARON J GRAY whose telephone number is (571)270-7629. The examiner can normally be reached on Monday-Friday 9am-4pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Toledo Fernando can be reached on 5712721867. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AARON J GRAY/Examiner, Art Unit 2897